Please help re flat deposit

EagerLearner

Also, on this sort of thing, will we need to attend court? I'd want to claim for time off work etc.

What normally happens if you make a small claim in court - I mean, in terms of actual process?

musey

Well I have said in my previous posts I would not have been so generous as to have sent 3 letters on this matter, I am unaware of any "procedure" set in stone to say that you should send 3 letters. That said you have started the 3 letter process, I cannot remember (although I'm sure I've seen it) what your last letter said, did it mention court? For the 3rd letter I would suggest something along the lines of "I have received your letter dated XX date and dispute the amounts mentioned therein" and then go on to whatever you had planned for the 3rd letter.

I would certainly mention in court the lack of contactability (is that a word?? hmmmm) of your LLady and the fact that the only address she/LA would supply was the c/o address which also happens to be the address for one of the invoices, that to me is highly suspect.

Unless the LLady doesn't submit a defense to the claim or admits it all I would say yes you will need to attend court and yes it is reasonable to add that to your expenses, although I am unsure whether you would add it to the particulars of the claim or would verbally request it from the judge on the day. When I went to court following a disputed car accident my solicitor requested the amount on the day as well as travel costs. We had discussed it already and I had brought with me a letter from my employer as to how much I was paid per day.

EagerLearner

Thanks musey - sets my mind at rest.

We are thinking the following text for the 3rd letter - which we would post tomorrow:

LETTER #3

"Further to our last letter of the 2nd August, we received your proposed deductions on 15th August and find them unfair as most should come under ‘fair wear and tear’ for 2 people living in a property for 2 years.

We now have no option but to commence Small Claims proceedings to recover our deposit.

If you are happy for this matter to be settled in court, you need do nothing now: you will receive a summons in due course stating the date and time of the hearing. Otherwise, please ensure that your payment of six hundred and twenty-five pounds (£625.00) reaches us within SEVEN DAYS of the above date."


Does this seem the right kind of text?

If we do allow her another 7 days with this 3rd letter, and she can see we're serious about going to court , does that mean that in the next 7 days SHE could file a claim against US for the additional money she wants? Suddenly ocurred to me...

Mrs_pbradley936

Hello again,

refer to my earlier posts for what is involved in issuing a claim in the Small Claims Court. You do it online so stick to the format clutton advised but instead of saying "copy attached" put "copy available". As for what to write to the agent and landlady I would send them both a short letter saying something like, " since previous correspondence between ourselves has been unable to provide a satifactory conclusion please accept this letter as a formal intention to issue Court proceedings within seven days unless my deposit of XXX is returned in full."

clutton_2

""since previous correspondence between ourselves has been unable to provide a satifactory conclusion please accept this letter as a formal intention to issue Court proceedings within seven days unless my deposit of XXX is returned in full."

utterly perfect !!

i would not have thought the LL would even consider taking you to court for such a piddling amount !! if she does, she won't win !

good luck

musey

""since previous correspondence between ourselves has been unable to provide a satifactory conclusion please accept this letter as a formal intention to issue Court proceedings within seven days unless my deposit of XXX is returned in full."


That's got my vote. I certainly would not mention that you feel that most of the deductions come under "wear & tear" why make LLady aware of something she obviously has no idea about?

EagerLearner

Thanks guys for such quick feedback - we will send letter #3 tomorrow with that exact text then.

I looked at the online filing, but as she's only sent us one e-mail (and it seems to be the e-mail address of the daughter of the c/o person - if that makes sense!) - I think filing in normal court may be better - besides I can walk up there in my lunch hour.

Mrs_pbradley936

Just a note to clarify, you fill in your court forms online then they write to her they do not send her an email. It just saves you the trouble of visiting the court. You pay by credit card. It means that you can do it in the comfort of home and prepare what you want to say. Make sure you keep a copy of what you put because you cannot print off the court form. Then they send her a copy of what you have said and she has so many days to respond (see my previous posts).

EagerLearner

Excellent - thanks pbradley - much better typing it all out too rather than my handwriting

Feeling (slightly) better - stomach still sore though - may necessitate a trip to the bakers for a custard tart, which always makes me feel better

Alleycat

Hi, no practical advice re getting the deposit back as others have already said anything I could think of, but just to say that I have been following this thread with interest and really, really hope it all goes well with you.

Also, re your tummy, is it stress/nervous tummy ache? If so, have you tried rescue remedy? It really helps to keep you calm in these sort of situations. Though a custard tart sounds pretty good too!