Rent money taken and not returned

gary83

Being pedantic the rent money was given not taken

A cifas marker is a warning against your name for the fraud you've already committed, it would be visible on your credit file to any other insurance companies. This would obviously impact future insurance options and all other credit applications, it would remain on your file for 6 years

macman

It is placed on your credit report and means that your chances of getting insurance, credit or a bank account, renting a property, etc, will be trashed for years to come.

jcarver007

If the judge looks at an argument that the car was in her name and then transferred to mine afterwards, that she kept £800 of rent money and I was not able to stay at the property for the month that the rent money paid for...what is the likely view to be taken by the judge?

I think her argument is going to be that when I moved into her council property, she lost certain benefits by me moving in and that the money I paid went towards the loss of these benefits whatever they may have been ( 2 children living there), bills etc. And that when I was forced out, if she had paid me back the money I had given her, she would have struggled for that month perhaps.

My view is that the money I was paying was for me living there and therefore if I was not allowed to, then the money should be returned albeit not straight away.

aneary

gary83 wrote: »

Being pedantic the rent money was given not taken

A cifas marker is a warning against your name for the fraud you've already committed, it would be visible on your credit file to any other insurance companies. This would obviously impact future insurance options and all other credit applications, it would remain on your file for 6 years

Even though it's only on your file for 6 years every time you take out insurance (including past the 6 years) you will have to declare it, you will be asked if you don't declare that is fraud.

Pixie5740

jcarver007 wrote: »

If the judge looks at an argument that the car was in her name and then transferred to mine afterwards, that she kept £800 of rent money and I was not able to stay at the property for the month that the rent money paid for...what is the likely view to be taken by the judge?

I think her argument is going to be that when I moved into her council property, she lost certain benefits by me moving in and that the money I paid went towards the loss of these benefits whatever they may have been ( 2 children living there), bills etc. And that when I was forced out, if she had paid me back the money I had given her, she would have struggled for that month perhaps.

My view is that the money I was paying was for me living there and therefore if I was not allowed to, then the money should be returned albeit not straight away.

Rather than trying to second guess what your ex might say why not wait until she responds to your claim?

Winning the judgement is one thing, enforcing it is a different matter entirely. It’s not down to you to decide whether the money should be paid to you in a lump sum or £X every week, that’s down to the judge.

G_M

The car insurance issue is bad news if she raises this and the insurers find out. You commited fraud (pixie calls it 'fronting' - sound right).

As for whether you will win your claim for the rent, it is impossible to say

* depends whether you left voluntarily or were made to leave
* depends whether the judge believes you left voluntarily or were made to leave
* depends exactly what the agreement originally was regading this money
* depends exactly what judge believes the agreement originally was regading this money
* depends whether a notice period was ever disscussed, and how long
* depends whether judge believes a notice period was ever disscussed, and how long
* depends what counter-claims are presented, and whether the judge believes them

Much will depend on
* how you present your case
* how the defence is presented
* how the counterclaim is presented
* how defence to the counterclaim is presented

Comms69

jcarver007 wrote: »

If the judge looks at an argument that the car was in her name and then transferred to mine afterwards, that she kept £800 of rent money and I was not able to stay at the property for the month that the rent money paid for...what is the likely view to be taken by the judge? - Can you retype that, but more clearly. It doesn't make sense.

I think her argument is going to be - well you'll know what her argument is before you get to court, as documents are submitted in advance. that when I moved into her council property, she lost certain benefits by me moving in and that the money I paid went towards the loss of these benefits whatever they may have been ( 2 children living there), bills etc. And that when I was forced out, if she had paid me back the money I had given her, she would have struggled for that month perhaps. - That is irrelevant.

My view is that the money I was paying was for me living there and therefore if I was not allowed to, then the money should be returned albeit not straight away.

When then? in ten years? If you're scheduled to go to court you must've submitted documents by now.

jcarver007

Pixie5740 wrote: »

Rather than trying to second guess what your ex might say why not wait until she responds to your claim?

Winning the judgement is one thing, enforcing it is a different matter entirely. It’s not down to you to decide whether the money should be paid to you in a lump sum or £X every week, that’s down to the judge.

No she has offered to pay £300 as final offer in mediation. I havnt said she has to pay a monthly amount of x amount.

jcarver007

G_M wrote: »

The car insurance issue is bad news if she raises this and the insurers find out. You commited fraud (pixie calls it 'fronting' - sound right).

Hi,

Please see my answers below if that helps:

* depends whether you left voluntarily or were made to leave.
I was told by her to leave. I thought it was just to allow some space as she occasionally had mood swings.
* depends whether the judge believes you left voluntarily or were made to leave
* depends exactly what the agreement originally was regading this money.
The agreement was that i pay it at start of each month. No written wording of it although there is an email and of course bank account payments
* depends exactly what judge believes the agreement originally was regading this money
* depends whether a notice period was ever disscussed, and how long.
No notice period discussed.
* depends whether judge believes a notice period was ever disscussed, and how long
* depends what counter-claims are presented, and whether the judge believes them

jcarver007

Comms69 wrote: »

When then? in ten years? If you're scheduled to go to court you must've submitted documents by now.

Court date has been set. No evidence has been offered by her. I was waiting to see what she would offer first and if she would increase her offer of £300 first.