small damage to door - astronomical deduction from deposit. Please help!

ajm410

are you in england? yes

is the deposit protected? this is a very long story, but no

was there an inventory or other evidence of condition when going in and going out? when we moved in, yes - out, no

princeofpounds

well then, assuming you have a normal AST, send a letter before action to the landlord disputing the damage estimate and threatening to take him to court for the deposit and 3x penalty unless it is either returned to you or protected.

If he then protects it, go through the dispute procedures with the appropriate scheme.

Lack of protection might be a long story but it's critical to you now.

ajm410

Hi PoP,

As I said it’s a very long story, but we’ve done all this. I got a CCJ for the deposit and x3 penalty charge. They’re ready to give it back now (over a year after we moved out) but want to deduct the cost of the door.

Is there any proof that I can request to ensure that these monies have been paid and that the door has been fixed?

Cheers

princeofpounds

OK, that's interesting. But we had to know all that to give you proper advice as you are in an unusual position in the process.

Basically, if the CCJ is for the deposit and the penalty charge, just say no (or allow a reasonable sum). The CCJ is still valid for the full amount so they cannot 'deduct' anything against it. If they wish to do so they should have counter-sued for the damage in the original proceedings.

Get on with enforcing the CCJ.

sooz

If you have a ccj against your former LL, this should states the amount to be returned to you?

Enforce the full amount.

edit...see I was beaten to it!

ajm410

OK PoP,

Thanks for that, sorry baout the reluctance to go into detail but it is a very long story indeed.

Basically we moved oyut and I never got the deposit back. So I got a CCJ, and to enforce it I got a charging order on the property after being told that it would be sold.

Now, an offer has been accepted and it's all ready to go through but I'm speaking to the LL's solicitor to agree payment so that I remove the charging order so that the property can be sold.

They've gone to the LL and they have offered all the CCJ plus court fees, plus interest that I demanded, but they say they are going to deduct the amount for the door from the total.

This deduction had never been mentioned before though, until now.

From what you say then, am I right in thinking I can just say no to this? I've got to go back to the solicitor with a response.

Thanks a lot!

princeofpounds

I believe you can - a charging order must be met in full before being removed - but you might want to ask a solicitor to be sure. Landlordzone forums has one or two.

ajm410

could I just say "no, I want the full CCJ, interest and fees. If you want the money for the door then that can be arranged after the monies have been returned and I have seen receipts etc"?

Would that work?

Thing is, their first offer was for the CCJ in full (no mention of the door). I went back and said, "sorry but I want the awarded court costs and intersest as well". Then thay came back and said "OK, but we want the money for the door to be deducted".

sunshinetours

Depends how much you want to fight it at the end of the day. Sounds like they are saying if you don't chase the court costs etc then we will pay the CCJ amount

Like most things in life there could be a compromise to be had - sounds like you are coming out well up on the deal whatever happens? (as long as they do pay of course)

I would look at it and see if the court costs and interest are more than the planned repair deduction to see if worth fighting or not, regardless of the rights and wrongs here

DVardysShadow

ajm410 wrote: »

could I just say "no, I want the full CCJ, interest and fees. If you want the money for the door then that can be arranged after the monies have been returned and I have seen receipts etc"?

Would that work?

Thing is, their first offer was for the CCJ in full (no mention of the door). I went back and said, "sorry but I want the awarded court costs and intersest as well". Then thay came back and said "OK, but we want the money for the door to be deducted".

You have a 3x times order, you will be well in out of this, so the amount for the door is not really a big deal, is it?

You chould try and use it to your advantage

Dear <solicitor>
I do not accept liability or responsibility for the alleged damage, which was never identified on the exit inventory and only raised as an issue after the CCJ was given. However, in order to bring this matter to an end, without prejudice, I am prepared to accept the amount awarded by the court, less £200, provided I receive the amount within the next 14 days.

Yours sincerely

ajm410

You would need to be sure to include the bits in red in any such letter