Dispute with ex-housemates over damage deposit

Jowo_2

As you'll note on the Moneyclaims site or HM court service advice, small claims is a last resort and you have to be able to demonstrate that you've tried to settle it.

They will have templates for a simple 'letter before action' (or easily found on the internet) which you send recorded delivery which briefly outlines the dispute - what they owe and why they owe it - and gives them a deadline to settle. Then you raise a claim, being aware that you may not win and that even if judgement is made in your favour, you might not see a penny but hopefully it will still make you feel better.

albreda

Hi

I've also looked up the consumer legal advice link via the HM website and contacted them for advice.

I have found templates for the letter you suggest and will make that my next effort.

I would love to drop this, rahter I'd love it never to have happened. I feel that they have lied to me by not keeping their side of the bargin. It's that, more than the fact that they will be effectively stealing from me that has upset me so much.

I helped them with so many different things, can we trust no one anymore?

I'm very much considering letting the agents know they also subletted my room and the spare room during the time I wasn't there too.

BitterAndTwisted

In your shoes I wouldn't be considering it, I'd have done it by now. Those two articles deserve nothing but heartache and misery after what they've done to you. But I must say, your first mistake was agreeing to split the deposit 50/50: this should have been a dire warning. Why wasn't it split 33% each?

pie81

I'm afraid from a legal point of view I think you wouldn't have much of a chance in claiming.

The agreement between you and the couple (that they would bear all the deductions) is only verbal - you have no proof. So it would be your word against theirs.

A court may not believe that they would have agreed to bear all the deductions, as it doesn't really benefit them to have agreed to this, i.e. they didn't get anything in return.

Even if you can prove such an agreement was made, they could argue that it's not legally binding anyway because there was no consideration (i.e. they did not get anything in return). There's also an argument that it's not legally binding because it's not in writing (variations to contracts for interests in land must be in writing).

Sorry to sound so negative as it does sound like you've been hard done by here. Personally though I think starting a legal claim would be throwing good money after bad, that said, a letter before action costs nothing so why not send that as a threat at least, it might work.

albreda

BitterAndTwisted wrote: »

But I must say, your first mistake was agreeing to split the deposit 50/50: this should have been a dire warning. Why wasn't it split 33% each?

I thought I was doing them a favour.

I know, I'm a dafty

albreda

pie81 wrote: »

Sorry to sound so negative as it does sound like you've been hard done by here. Personally though I think starting a legal claim would be throwing good money after bad, that said, a letter before action costs nothing so why not send that as a threat at least, it might work.

I think you may well be right, I will send the letter, poster the consumber legal advice people getting back to me.

After that I'll see how much a small claim would cost, if it is £25 then considering I'd already have lost £147.50 into the married couple's pockets, I feel I may as well sepnd the extra £25 into the courts.

Can I just say - Thanks everyone on here for your comments, suggestions and support. I wish there were more folk like you, then we'd all be a lot happier.

BitterAndTwisted

And you'd be a lot happier if you weren't a dafty doing people favours all over the place!

albreda

Haha - Very good point. No more favours.