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

ajm410

thanks that sounds like a decent idea!!

Could i definitely do that??? (Charge them for me using a solicitor i mean?)

clutton_2

i would tell them that the court issued an order which the solicitors are refusing to implemt and that you plan to ask the court if this behaviour is Contempt OF Court - a solicitor would NOT want to risk his reputation in court in that way.,.... he would probably be struck off if he were found guilty

They are buliyng you

On the original court order... it will have given a date by which the money should be paid... what is that date ? IF the date is past.. then their client is in contempt of court already......

I think this is likely to get you your money MUCH faster

GDB2222

Sambucus_Nigra wrote: »

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

It depends what the most practical course is. Not everything has to be a matter of proving your manhood.

mynameisdave

I'm styruggling to have sympathy here.

Yes a LL has obligations and should be following the law but..

October 2009 was two months since you gave the LL deposit. You moved out in November, presumably the Landlord allowed this. You have admitted to the LL in email that you have damaged the door. You have been given CCJ for 3x the deposit.

Bearing in mind that the LL could have played hardball and held you to that contract do feel you are being a little stubborn to not pay for damage you admit you have caused.

Both LL and T have obligations.

MORPH3US

Already been said but to reiterate, sounds like you have the LL over a barrel. Stand up for the little man and get paid the full amount you are due. You should look out for yourself not worry about other people...

ajm410

I'm more than happy to pay for the door, but I don't believe it's even been replaced - I've asked for photo evidence and receipts and none have come forward.

I will push for the full amount and as I've suggested to them, if they approach me down th line with proof etc I will pay a reasonable amount

Thanks all - will keep you updated

RabbitMad

If its being sold as the LL is bankrupt how do you know there is enough equity for you to get your cash?

Assuming it has a mortgage once the mortgagee reposesses the property they will get first dibs on any equity for the amount owed, plus arrears plus costs for reposession
Sounds like you need to think about this - the £200 you are holding out for could be the difference between the LL being able to sell and repossession. Do you want to risk this?

ajm410

I've spoken to the trustee and they have assured me there is plenty of equity there

BitterAndTwisted

See the colour of their money first. If I'd been awarded 3 time the deposit as penalty I'd have no problem paying the LL the £200-odd quid for the door whether it had actually been replaced or not but I'd want to see their cash first.

olly300

ajm410 wrote: »

thanks that sounds like a decent idea!!

Could i definitely do that??? (Charge them for me using a solicitor i mean?)

1. If you haven't done so now make sure all your contact with the solicitor is in writing only. Preferably by letter but you can use email and post a first class letter to them with exactly the same content as the email to speed things up.
2. State in the email/letter that all replies are to be in writing.
3. And yes you can threaten to charge them for use of a solicitor and your additional costs.

However I would:
1. If the LL has a trustee and is bankrupt I would also cc copies of the letter to them with a covering letter stating that you may pay a reasonable amount towards the currently alleged damage, after you have been repaid in full as per your charging order and are provided with proof of any damage.
2. Threaten to report the solicitor to their professional body for misconduct if they contact you in any way apart from in writing.