Please help re flat deposit

jennynoo

Hello lovely people,
I need some advice. As you know my landlady is claiming I damaged a sofa in her flat and has withheld £560 of my deposit to buy a new one. I wrote to her quoting stuff off the web about how she can't get new for old and restating the fact that we don't believe we damaged the sofa but offered her £100 as a goodwill gesture. I also told her to try getting the sofa fixed.

She replied saying that our offer was not acceptable and that she now has photos to prove the sofa was not damaged when she put it in the flat. She says she will forward me quotes for fixing the sofa and pictures soon.

I don't believe her pictures will prove anything and the quotes don't affect me as we still don't believe we damaged the sofa but I'm not sure what to write back to her. Do we wait for the quotes and pictures or just tell her I'm submitting the court forms eg. tonight?

Any advice much appreciated.

olly300

jennynoo wrote: »

Hello lovely people,
I need some advice. As you know my landlady is claiming I damaged a sofa in her flat and has withheld £560 of my deposit to buy a new one. I wrote to her quoting stuff off the web about how she can't get new for old and restating the fact that we don't believe we damaged the sofa but offered her £100 as a goodwill gesture. I also told her to try getting the sofa fixed.

She replied saying that our offer was not acceptable and that she now has photos to prove the sofa was not damaged when she put it in the flat. She says she will forward me quotes for fixing the sofa and pictures soon.

I don't believe her pictures will prove anything and the quotes don't affect me as we still don't believe we damaged the sofa but I'm not sure what to write back to her. Do we wait for the quotes and pictures or just tell her I'm submitting the court forms eg. tonight?

Any advice much appreciated.

Did you give her written notice that you were going to take court action after xx days of her not returning your deposit? Then just submit the court forms.

Stop being nice to her and telling her before you act just follow the law.

If she doesn't want a CCJ against her she will refund your deposit, if she doesn't submit a defence in the time given then get a default notice against her (again don't tell her before hand), or she can try and defend her actions and go to court.

jennynoo

Well, I did the three letters thing and was ready to submit the court forms but then the night before she sent a reply which I felt obliged to reply to to explain to her about deposits and to offer her £100.

She has rejected the £100 and is getting quotes to fix the sofa. So do I now say to her, "It doesn't matter to me what quote you get as we didn't damamge the sofa therefore I will submit the court forms shortly." Or should I allow her time to get the quotes and how would I word that without looking guilty?

Guy_Montag

jennynoo wrote: »

Well, I did the three letters thing and was ready to submit the court forms but then the night before she sent a reply which I felt obliged to reply to to explain to her about deposits and to offer her £100.

She has rejected the £100 and is getting quotes to fix the sofa. So do I now say to her, "It doesn't matter to me what quote you get as we didn't damamge the sofa therefore I will submit the court forms shortly." Or should I allow her time to get the quotes and how would I word that without looking guilty?

Go to court, she's trying to pull a fast one. Don't even enter into negotiations about it. She's had her chance, don't be weak.

Forget about offering her £100 as a goodwill gesture too. She's showing no goodwill to you and unless she can prove the condition of the sofa before and after and that it's not "wear and tear" she's stumped.

Oh & you should set up your own thread about this too.

zebulon

John_Pierpoint wrote: »

Watch this space there may be a judgment before Easter on the shed versus the barn !!.

Well, Easter's gone ... any news ?

EagerLearner

Hi all,

There is still no news to report, I actually woke up today thinking about all this and feeling really anxious - stomach started to feel horrible for a bit and i had to physically get out of bed and get up, in order to forget about it all.

I imagine ARLA will write to us eventually, but it's been ages now and still no news. I picked up mail from old flat today so for sure know that nothing has come in.

Should I now write to the court with the new address and cc this to Defendant?

EagerLearner

jennynoo wrote: »

Well, I did the three letters thing and was ready to submit the court forms but then the night before she sent a reply which I felt obliged to reply to to explain to her about deposits and to offer her £100.

She has rejected the £100 and is getting quotes to fix the sofa. So do I now say to her, "It doesn't matter to me what quote you get as we didn't damamge the sofa therefore I will submit the court forms shortly." Or should I allow her time to get the quotes and how would I word that without looking guilty?

Hi Jennynoo - as suggested above, I would complete the forms and get to the court and pay your £80, or do it online. You can then get her attention when they write to her. Start keeping records and make sure you keep the letters you have sent, together with any proof of delivery etc. As soon as she gets the forms through, she may reconsider. Be prepared in the case that she may not though - like mine, she prob doesn't know the law in full and really does think she can replace new for old with the deposit even though it is wear and tear. Good luck.

hjb123

Eagerlearner,

Yeah I would let the court and landlady from hell have your new address - that way you are keeping them informed and there is less chance of them trying to delay further on some sort of technicality!

Still got my fingers crossed for you, when is the court date?

EagerLearner

hjb123 wrote: »

Eagerlearner,

Yeah I would let the court and landlady from hell have your new address - that way you are keeping them informed and there is less chance of them trying to delay further on some sort of technicality!

Still got my fingers crossed for you, when is the court date?

Hiya hjb - the court date is 31st May as I recall - funny as 5th June it will be a year since we moved out!

clutton_2

chin up EL - don't even think about it till early May - get on with your life and enjoy your new business - how many clients have you got now then ?

mediation was a waste of time by the way !!! so i have now sent in the forms and the allocation questionnaire and my £££'s. A friend who has done court stuff a lot has advised me not to submit my final statement to the court yet, but, that as it nears the time for the court date - as long as i get it to the court on the 14th day before the hearing, then the other side has no time in which to respond in writing - and this is very useful if i choose to include new material at that point !!!! - so i'm gonna do that ! I'll keep you informed, just in case i get an earlier date than you.

best wishes
hope you had a great easter !