feel like exploding

DramaQueen29

One of those days today well it has been for about a week. Our last landlord still hasnt given our deposit back and each time we call she says thaty theres something else their spending our money on! nearly 2 months after moving out.

I had £50 left in my account and the banks just put a charge on ( notified blah blah blah) for before dec 12th. Do i write to ask for that back immediately?

Theyve taken the only amount i have for my direct debit.
We only get a third of our rent for housing benefit as apparently the landlord is charging too much.

My work is refusing well ignoring my letters/emails for my P45 and payslip because they say they overpaid me, however they wont tell me how much and want it all back immediately!
Letters and bills piling up on my desk and no way to pay them. Ive got a few things on ebay but they wont cover much.

Just feel like curling up in a ball and never coming out - Ive always been proactive but after a year of this rubbish ive just about had enough. I cant even call people on the phone anymore when its debt related.
Bankrupcy isnt an option for me as my new career Im training for wont allow it.

How do you cope with it all and stay strong?

Storm

Hi DramaQueen, and sorry to hear you're having a rough time.

Couple of things - make sure you ask you're previous landlord for a complete itemised list of what the deposit has been spent on, plus copies of the receipts - this might make her realise she can't just say 'oh, I spent £100 on re-decorating' when she hasn't. I'll see if I can find something on your legal rights for you on this bit.

With your old work - they are not allowed to withhold your P45, and if they say they've overpaid you then they need to provide evidence of this asap. Write them a letter and send it via recorded delivery giving them a timescale for getting the P45 to you.

Might be worth talking to your local CAB to get a bit of legal advice too, cos they might be able to tell you which bits of the law are relevant in both these situations.

Hope things get better for you soon

Storm x

OberonSH

aww hun, I know how you feel. I'm having to take my ex landlady to court for my deposit, as she now claims I did 550 quids worth of damage! Considering I asked for inspections before and after we moved in (and none was forthcoming) plus I know I was a model tenant I'm hgaving that back. One before that did the same trick, but I didn't bother fighting that as I was 8 months pregnant. Not this time though.

Youc ould ask the banks to refund the charge, no harm in asking!

Tell work to get it sorted or you'll approach ACAS to get it sorted.

One of those days hun. Just look at your life so far and think how far you've come. You're doing well, and you rock.

hypno06

First of all, you are not alone. We all have very black days, weeks, months etc etc. I am having one of them too today - everything seems to be shouting at me "you are in debt" and every time I turn it shouts louder.

The fact is that we keep going because we have to. Keeping going is what keeps me going, if that makes sense.

first of all, put into action claiming back any bank charges that you have incurred over the past few weeks. Why keep letting them take charges when you know it is unlawful? Once you get the ball rolling you will feel more positive - as you are actually doing something rather than thinking about it, and in my experience, it is not too long before you get a result.

Secondly, how can you pay back anything if you are not being told how much you have been overpaying!! I would write to the employer now rather than phone and ask for everything in writing. I would expect you to have a satisfactory reply pretty swiftly, whereas you are obviously being fobbed off on the phone. Keep a copy of your letter, just in case.

Go and make a coffee, and take a deep breath. You will get there, it is just a very long journey, and like most long journeys there are challenges along the way.

DramaQueen29

Thanks guys, i did send work a letter before xmas. But the company moved on 21st Dec so Im assuming that they havent replied due to the move. I will send another - Frustrating little things like running out of printer ink and not being able to get any more are niggling today.
Is handwriting letters still acceptable? my handwriting is awful! lol
What do i actually say to the bank, do i say your charges are unlawful or just can you take off the charges etc?

Storm

This is from the CAB on getting deposits back:

Getting a deposit back at the end of a tenancy


If you paid a deposit to your landlord at the start of a tenancy as security for any rent arrears or damage to property, this should be returned at the end of the tenancy if the accommodation has been left in good condition and there are no arrears.



If your landlord refuses to return the deposit or makes deductions, you should check the terms of the tenancy agreement or the agreed inventory (if there was one) to see what the deposit was supposed to cover. In cases of damage to property, it will often be cheaper for you to make good the damage before your landlord comes to inspect the property than for your landlord to charge for the cost of getting repairs done.



If your landlord persists in refusing to return a deposit, you could use the small claims procedure in the county court to try and get it back.



The help of an experienced adviser is needed if court action is being considered, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB

Storm

And, though I can't find anything on P45's it does confirm that payslips should be with you on or before your payday:

Right to a payslip


All employees are entitled to an individual written payslip, at or before the time they are paid. The payslip must show:-


gross pay, that is, pay before any tax or national insurance has been taken off
take-home pay, after deductions such as tax, national insurance, pension and union dues. Deductions which change from week to week, for example, tax and national insurance, must be listed each time, with the amount of the deduction and what the deduction is for. Deductions which do not change, for example, union dues, only have to be shown once a year.

An employer is only entitled to make certain deductions from an employee's pay (see under heading Is the employer entitled to make deductions from an employee’s pay).

madduck

Re your problems in getting your P45 from previous employer - how about calling local tax office and asking if they can help any? They might be able to put more pressure on employer and have more weight.

DramaQueen29

thanks for those
The landlord says they will provide all receipts but in Dec were saying they were having to wait for invoices but still nothing.
I f i havent had anything in the post by firday i am going to call them up and ask where it is.
The house needed the carpets cleaning but they did this then said actually its going to cost more ( we booked the cleaners then they asked them to do extra)
and 4 weeks after they had cleaned they said th ey were going in to do something else with the carpets!
Its too unregullated. Also theres a bit in the contract about if we need to claim that the deposit amount returned is unfair it needs to be done in a certain amount of days after end of tenancy and this hasnt been done.

OberonSH

My landlady wanted us out n 2 weeks (we were on a rolling contract thanks to a business sale which then fell through) and once we were out decided the place was too badly damaged to allow to be let! An out and out pack of lies, and as they refused to do the inspections with us present I took it straight the the small claims court. Hearing's in February. Her defence is simply 'She broke the tenancy agreement' and numerous copies sent to court. Hasn't actually provided any proof of all the so called damage.....

DramaQueen29

good luck i hope they come down on your side. Its a horrible place to be renting there really should be some shake up with it.