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

GDB2222

Well, you are certainly entitled to your CCJ to be paid in full. But, you shouldn't be too surprised if the owner issues proceedings against you for the cost of the door. You'll then have to defend all that, etc. Whilst you should stand your ground, you may be missing an opportunity to settle all this in one go. You have to ask yourself how much your time is worth.

If it were me, I'd agree to them deducting £75 or £100 from the CCJ to cover the door.

spud211

Stand firm - as has been said until he pays you what the court has ordered, you owe him nothing, and he owes you..the longer he drags it out the worse it will get for him, and it may even open him up to further prosecution if he continues to ignore the court order.

IF he can provide you with receipts for the work and proof that it has been done (and I don't just mean his mate signing a bit of paper!) then i'd be tempted to pay him back the costs for the door, but only after he's paid you what is owed. I'd definitely do it in that order - no deductions because its "easier" etc, if you go down that route do it in 2 separate transactions where everything is recorded.

The fact he didn't protect your deposit would make me inclined to not give him that good will gesture anyway, rogue landlords like this need to be stopped, and need to know that what they are doing is wrong.

sonastin

Write back to the solicitor informing them that the charge will NOT be lifted unless and until the CCJ is paid in full. The LL really won't have a leg to stand on to force you to change your mind as the courts have already decided in your favour on this issue.

GDB2222

There is the risk, small I guess, that the owner decides not to sell at all because of the hassle and the OP never gets paid. It's usually better to compromise in litigation.

ajm410

Thanks guys!

The LL is actually being forced to sell due to bankruptcy, although I have been assured that there is enough equity to pay me my money!

Sambucus_Nigra

GDB2222 wrote: »

There is the risk, small I guess, that the owner decides not to sell at all because of the hassle and the OP never gets paid. It's usually better to compromise in litigation.

S/He has gone a year without it - why not be as beligerent right back at them and take the risk?

ajm410

P.s. if any of you could possibly help with my other post "trying to be conned again..." that would be great!

I won't wallow in self-pity but, well yea...

Thanks as always!!!

tbs624

Confusion. OP says:

"I’ve just moved out of a property I rented with my girlfriend. Accidentally, I caused a small dent in one of the doors when moving, and my old LL is looking to take the money out of my deposit before returning it. "

and, ref the deposit:

"They’re ready to give it back now (over a year after we moved out) but want to deduct the cost of the door."

If it is over a year since you moved out, how long is since the ex LL first tried to get you to cough for the door "damage"? If he didn't notify you of this damage within the first couple of months then IMO he's on a loser: it sounds like a sour grapes scenario.

I agree with Planner, N79 et al who have suggested that you push for the full payment due to you under that court order.

If LL wishes to try to claim for door let him do so via the small claims court and (a) explain to the court the delay in raising the issue with you and (b) produce the necessary evidence of the damage and of the actual costs of rectification.

clutton wrote: »

. As a LL i would claim for at least 75% of the cost of replacing this door....

Good luck with that A door with a small dent in it would not warrant a replacement door.

ajm410

thanks tbs - that's pretty much what I've done

they never mentioned it until now because they were not contacting me in the hope that I wouldn't chase them for the deposit.

I'v written one last nice reply to the solicitor, and if they come back with the same old story, I'll just have to spell it out to them!

DVardysShadow

Ok, I suggested nice, earlier. Now I suggest nasty. Give them 7 days to pay in full, or you hand the administration of the payment against charging order to a solicitor and will expect them to foot your solicitor's bill.