What next? Ripped off from people I lodged with

ryouga

Moved in paid £700 (got a handwritten receipt) about a week later was told their landlord was evicting them illegally and I had to move out next day, I did a bit of searching at the time and found they owed a lot of debt, they had done benefit fraud and even opened a package of belongings I had sent there the actual day before I moved out they both got new iphones and ipads.

Even when I did move out the taxi driver mentioned he recognised them and was surprised I lived with them as they were well known for debt problems (before I even mentioned they owed me money) and when I told him he said he wasn't surprised.

Its been just under 3 months now and they haven't bothered contacting me and also I sent messages a few times asking for updates to be ignored.

So no surprise they have done a runner, shall I send one more offical text now giving them time? I obviously don't have their new address but know where both of them work (so can't send them anything but are able to be tracked)

Pixie5740

Send an official text? What's an official text when it's at home? If you want your money back you need to send them a letter before action, not a bloody text. If you don't have an address for them then you'll need to find one otherwise you won't have an address to use for when you file a Money Claim Online.

Even if you file a Money Claim Online and win the judgement you still need to enforce the judgement. Given that these people are already in a lot of debt I think the chances of seeing your money again are slim to none. Only you can decide whether it's worth pursuing further.

ryouga

Pixie5740 wrote: »

Send an official text? What's an official text when it's at home? If you want your money back you need to send them a letter before action, not a bloody text. If you don't have an address for them then you'll need to find one otherwise you won't have an address to use for when you file a Money Claim Online.

Even if you file a Money Claim Online and win the judgement you still need to enforce the judgement. Given that these people are already in a lot of debt I think the chances of seeing your money again are slim to none. Only you can decide whether it's worth pursuing further.

Looking at it in the wrong way, offical as in formally written not just "hey wheres my cash" but "I paid you on X date in good faith, if I don't hear back within X time I will take matters further"

It was also to see if they respond at all and if I take it to court to prove I tried contacting them, I kept all their texts before this and didn't want to write in such a way they can use it against me.

And yes I know that a letter is to be sent anyway this was just to get the ball rolling.

Just shocking how they can do this to someone they know is disabled and on benefits and get away with it.

Pixie5740

What's the point of another text no matter how "officially" you word it? Just send the letter, that's how you get the ball rolling.

Yes I agree that taking your money and not paying you back was the wrong thing to do. However, if they don't have any money how realistic is it that you'll ever see your money again? I'm not saying don't pursue them but there does come a point when continuing to pursue a debt is more hassle than it's worth.

G_M

Stop p*ssing about with texts, 'official' or otherwise. They are not going to respond.

You need to decide whether you are willing to forget the money and move on with your life, or intend to sue them.

If the former, do it. If the latter, as pixie says you need to send them a 'Letter Before Action' (note the word letter!).

I believe (you'll need to check) that if you have no other address, you can serve court papers at their work address, but ideally find out where they live and use that address.

Follow them after work? Or employ a company that searches for people.

Dont expect to get your cash back even if you win in court though.

edit: See 6.9:
http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).
(4) Where, having taken the reasonable steps required by paragraph (3), the claimant –

(a) ascertains the defendant’s current address, the claim form must be served at that address; or

(b) is unable to ascertain the defendant’s current address, the claimant must consider whether there is –

(i) an alternative place where; or

(ii) an alternative method by which,

service may be effected.

eg work place.

If you have no alternative address eg work place, then

6) Where paragraph (3) applies, the claimant may serve on the defendant’s usual or last known address in accordance with the table in paragraph (2) where the claimant –
(a) cannot ascertain the defendant’s current residence or place of business; and

(b) cannot ascertain an alternative place or an alternative method under paragraph (4)(b).

Guest101

If the LL was evicting 'illegally' why did you move out?

ryouga

They claim it was illegal because they only lived there 4 months (which does add up as the house was purchased at Christmas by current LL going by my searching) I have no idea if they were there before that but they told me they were like 4 months.

But I did find multiple debt collector letters laid around the house, I didnt even have to look for them as one was even a overpayment of benefit letter that was pinned to notice board in kitchen and 2 letters from landlord stating they were 3 months in arrears (which does tie into the 4 months thing if they paid a month in advance when they moved in)

I was thinking at one point contacting their landlord/agency but then thought it wouldn't be a good idea just to tell them what happened for ammo for both of us.

lynz68

I doubt there is anything 'illegal' about the eviction. These are people who clearly run up debts they don't bother paying back and are perfectly happy to commit benefit fraud why do you think they are going to pay you back?

Even if you take them to court and win its no guarantee you will get your back its just another judgement against them and I would guess they already have plenty of those.

It's up to you to decide what you do but don't assume you will get your money back anytime soon if at all.

G_M

They were almost certainly being evicted, via a perfectly valid and legal S8 Notice, for rent arrears.