landlord says i never paid a deposit- help

satchmeister

MrHippo wrote: »

You should be able to fill them in retrospectively and see whether there's a gap. Have a look at your bank statements around the time you paid the deposit. Find the numbers and amounts of the cheques cashed just before and just after you paid. If all the stubs in your cheque book have a corresponding entry in your bank statements then either you didn't write him a cheque or you did and he cashed it.

As G_M and other have said. Not relevant the OP has a receipt "its like a reciept book says a long number. they recieved from x the sum of £200 deposit and £280 (rent). Then £480 in a box at bottom and signed".

In the same way I have a receipt from Tesco, irrelevant whether I paid by cash or card or cheque. I have a receipt ergo I have paid. I give tesco payment they give me a receipt, If I had not paid tesco then tesco would not give me a receipt, same with the landlord.

Alleycat

Not much more to add, but if the landlord 'forgot' to cash the cheque then I assume they still have it and can show it as proof that you paid by cheque and that they did not in the end receive their money. If you take them to the small claims court, they would have to prove that they did not receive the money as you have a receipt that clearly states you paid.

G_M

x__Indigo_x wrote: »

thanks to all. i know its my money . im 99% sure i paid in cash but u i have that 1% doubt .ive checked all through my bank statements and no cheques have gone to him.

ive checked my cheque book and suprise suprise i have no cheques that ive actually filled in the little slip left over ( ive learnt this lesson)

i just know how nasty this could turn i dont want him coming round shouting the odds and i dont want to go to court,

i just dont need this

thanks for all the quick responses you have really helped.

Stop faffing around. It doesn't MATTER if you paid cash or cheque. You have no need to investigate this. STOP getting your knickers in a twist about the wrong problem. The problem is not how you paid; the problem is he refuses to return your deposit. YOU HAVE A RECEIPT. That's all you need.

And if he comes round 'shouting the odds'
a) don't let him in and
b) call the police

If you think he has a key, spend £5 at B&Q and change the lock barrel.

McKneff

JenJen87 wrote: »

Haha, just to prove you wrong im 23 and fill in all my cheque stubs. Its all about being organised!!

:T:T respect................jen jen.

hazyjo

Several people have made suggestions about what to do and told you your rights. It wouldn't be a big courtroom with a judge in a wig and a jury. You are owed money. If you can't identify the cash from your bank statements, see if you can find a cheque that's been cashed for that amount. Not that you need to... as everyone keeps telling you, you have a receipt. You don't need to prove anything. Say you paid cash - end of. He gave you a receipt. Just get it sorted and don't let people walk over you... you'll regret it more in life if you don't do anything about it and it will knock your confidence even more.

Jx

paddyrg

And don't be scared of court - he has no case against you, which means the court is on your side.

BitterAndTwisted

This landlord is in a very, very weak position indeed. He not only didn't note on the receipt the method of payment (which any sensible businessperson would who keeps accurate records) he has failed to register your deposit in one of three deposit-protection schemes which he should have done BY LAW and he has admitted it in writing. This is very serious!

If, as I assume, he will not return your deposit at the end of your tenancy you could just send him a letter requesting the return of it, NOT GETTING INTO ANY DISCUSSION ABOUT THE METHOD PAYMENT and if he does not you will go to the Small Claims Court and you will ask the court to award you three times the deposit as a penalty, as is your right. It will cost you a couple of first-class postage stamps adn the price of a few sheets of paper At this point many landlords will just pay up to make it all go away. If he doesn't cough up you start proceedings which will cost you about £50 and if you win you will be awarded your costs as well.

Do not panic! We will help you every step of the way when the time comes.