Claiming arrears feom ex housemate

Dennymc123

Hi,

Hope this is the right place to post,
I have recently ended a joint tenancy between myself and one friend and someone who was a friend at the start of the tenancy.

The original friend who I shall call Dan owes myself and the other housemate 875 in arrears, this was built up as we all paid in extra on top of bills and rent for items we would need for the house, the bill was originally 1000 but 100 was paid and 25 extra on the energy bills was paid by Dan.

We are now about to get our deposit back of 500 pounds each and all need to agree for the money to be paid out to us each individually and I want Dan's deposit to go towards his arrears. Dan is refusing to have any contact with my self and the other housemate and has said he doesn't owe any money, I have messages on WhatsApp where I have asked for the money owed and he has said he doesn't have it an you can't get blood from a stone but doesn't deny that he owes the money.
My self and the other housemate are willing to accept the 500 as a final payment and I have emailed the agents to let them know there is an issue and the deposit cannot be released yet.
Are the messages I have enough to take this further or am I fighting a losing battle?

Thanks in advance for any replies

lynz68

I doubt Dan will agree to you and the housemate getting back his deposit. This is nothing to do with the Letting Agent they will return the deposits to whoever paid them. Your dispute is nothing to do with them.

Unless Dan has a change of heart, which I doubt, the only way to get your money back is via Small Claims Court.


But and its a big but, Dan is right when he says you can't get blood out of a stone. If he doesn't work and has no assets even if you get a judgement against him you may still not get your money back. I'm guessing Dan is fully aware of this.

You may have to mark it up to experience and move on.

Dennymc123

Thanks for the reply, Dan does have a job and a car so he does have ways of paying the money but I figured this would be a struggle to get the momey back, it's more the principal than anything else, lesson learned I guess

Dennymc123

Thanks for the reply, Dan does have a job and a car so he does have ways to pay has just point blank refusing to do so, it's frustrating but lesson learned I guess

poppasmurf_bewdley

Dennymc123 wrote: »

Thanks for the reply, Dan does have a job and a car so he does have ways to pay has just point blank refusing to do so, it's frustrating but lesson learned I guess

You can always take him to court, and if you get judgement in your favour, and he doesn't pay, then his credit record is trashed for six years, which will stop him getting loans, mortgage, some mobile phone contracts, etc.

But it will cost you a few quid - about £35 online. Some people would look on doing such a thing with satisfaction.

Alter_ego

If you go to court you will need proof that Dan owes you the money.

Dennymc123

I'd be happy to pay 35 quid to go to court but the only proof I have is WhatsApp messages where I ask for the money and get told "I don't have it", i dont think this and my and the other housemates word may be enough