Please help re flat deposit

EagerLearner

Hi all - thanks for the instant response & support - it's amazing to have you guys helping us on this. :beer:

We were thinking of something like:

"WITHOUT PREJUDICE


Dear xxxx,

We are in receipt of your letter dated 11/09/06 wishing to halt court action and resolve the return of our deposit.

As you know, 3 warning letters sere sent previous to court action allowing for resolution and return of our deposit, however our deposit was not returned to us. As a resut, the matter is now in process with the court.

Should you wish to halt the court process, please issue a cheque for £625 with immediate effect.

Yours sincerely,"


We're prepared to 'lose' the £80 filed court fee and interest etc just to sort this.

We have still to decide if we will respond, if we do, is this letter ok?

EagerLearner

gimpymoo wrote:

I thought going by the title you were asking for donations? - LOL

The internet is great like that.. setup a paypal account and watch the money roll in.

Ha ha ha - actually would come in really handy as we have to buy a new pc now - if each person that reads this post donated £2 that would probably go far he he :beer:

aderbyshirelad

NO.

If you send a letter like that, you are going to give the impression that you are willing to negotiate. You've offered to negotiate all the way along and they've turned you down. Now you are in a position of strength it must be tempting to try and avoid going to court and getting back your original £625. However, going to court is not something to be worried about. Plus, if you try and settle now, there is no guarantee of you getting back £625 and there is a very strong chance that your LL will start playing games all over again.

If you do wish to send a reply, just say that you have received their letter but you are not willing to comment on it further as the matter is now being pursued in court.

Remember what they've put you through. Now you guys are in charge they're clearly concerned.

Please don't think that the LL from hell is going to change her spots if you enter into negotiations. I hate to say it, but even when the court awards whatever monies, I have a feeling she will give you the complete run around before settling. But, at least in that situation, you will have a legal judgement on your side to pursue her...

pavlovs_dog

i'd be tempted to add that if they were not prepared to settle the debt in full, immediately, without getting the courts involved, that you would prefer it if any further communication went through the courts/your solicitor (if this is an option?) to show that you are not going to be intimidated by their stalling for time. this should also make it clear that by now (because of all the extra grief they have caused you) that you are not prepared to settle for anything less than exactly what is owed to you.

hold your nerve eagerlearner, you've come too far to throw it all away

EagerLearner

Thanks guys - so maybe the following:

“WITHOUT PREJUDICE

Dear xxxxx

We are in receipt of your letter of 11th August 2006 but we are not willing to comment on it further as the matter is now being pursued in court.

Any additional correspondence must abide by the court process.

Yours sincerely”

gimpymoo

EagerLearner wrote:

Ha ha ha - actually would come in really handy as we have to buy a new pc now - if each person that reads this post donated £2 that would probably go far he he :beer:

Might be able to save you some money there. Im a qualified and experianced IT Consultant. If you have any questions about a fault or need some advice computer related, send me a private message.

Mrs_pbradley936

Well if you are determind to send something the first sentence is fine.

aderbyshirelad

EagerLearner wrote:

Thanks guys - so maybe the following:

“WITHOUT PREJUDICE

Dear xxxxx

We are in receipt of your letter of 11th August 2006 but we are not willing to comment on it further as the matter is now being pursued in court.

Any additional correspondence must abide by the court process.

Yours sincerely”

If you want to send a reply to them, then the above sounds ok to me. However, a lot of people here have said there's no need to reply. To be honest, I think they're right as the judge will not take against you or your case because you didn't respond to this one letter and will understand that you have a more than valid claim and that if you are to negotiate at all with these bandits, you'd like it to be on the record and witnessed.

You could always claim that the letter did not arrive in time / at all (unless it was signed for) for it to have had any effect on you anyway????

Mrs_pbradley936

AND you most certainly do want your £80 court fees back!!

aderbyshirelad

And travel expenses, time off work, postage etc etc.