Lead Tenant not returning deposit

brentcloning

bigisi wrote: »

Maybe if you acted like a "proper adult" and spoke to them about it rather than texting like a teenager you may get an adult repsonse.

Yeah, adults don't text at all. And you think if you call they're magically going to be compelled to answer the phone? The amount of inane comments on this forum is maddening.

yoshiyella

Maybe they have accidentally spent it and don't know what to do.


Maybe message them again (text is ok) just saying that they need to give some form of explanation otherwise you will go to the police over theft and following that you will have to take it to the small claims court and that the money owed to you will increase significantly due to the costs involved.


Also say that you are not angry but that you need to come to an arrangement.


Give a deadline for all of this.

davidmcn

yoshiyella wrote: »

|otherwise you will go to the police over theft

This isn't theft. No need to escalate it with such a threat, and certainly no point wasting the police's time.

yoshiyella

davidmcn wrote: »

This isn't theft. No need to escalate it with such a threat, and certainly no point wasting the police's time.

It is possibly is - defined as the unauthorised taking, keeping, or using another persons property.


Also how is it escalating? According to the OP the deposit was refunded over a month ago and both parties have read the messages. Also, no where did I mention actually going to the police. It is an idle threat to make them pay up.

Pixie5740

yoshiyella wrote: »

It is possibly is - defined as the unauthorised taking, keeping, or using another persons property.


Also how is it escalating? According to the OP the deposit was refunded over a month ago and both parties have read the messages. Also, no where did I mention actually going to the police. It is an idle threat to make them pay up.

It's a pointless threat because the OP cannot act on it unlike a letter before action. If the OP sends a letter (not a text, no point sending more texts if the previous ones have been ignored) before action (s)he has the option to then take action ie file a money claim online.

davidmcn

yoshiyella wrote: »

It is possibly is - defined as the unauthorised taking, keeping, or using another persons property.

Money which somebody else owes you isn't your property.

ciderboy2009

I think the big problem here is that the OP still doesn't appear to have the home address.

Without this there's nowhere to send the letter before action or the claim form (the work address isn't any good).

Pixie5740

davidmcn wrote: »

Money which somebody else owes you isn't your property.

Imagine if it was. They'd need to reopen all the debtors' prisons if the Debt Free Wannabe board is anything to go by.

G_M

ciderboy2009 wrote: »

I think the big problem here is that the OP still doesn't appear to have the home address.

Without this there's nowhere to send the letter before action or the claim form (the work address isn't any good).

See
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

Nature of defendant to be served : 1. Individual
Place of service : Usual or last known residence.

and

(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!!!8217;s current residence or place of business (!!!8216;current address!!!8217;).
(4) Where, having taken the reasonable steps required by paragraph (3), the claimant !!!8211;

(a) ascertains the defendant!!!8217;s current address, the claim form must be served at that address; or

(b) is unable to ascertain the defendant!!!8217;s current address, the claimant must consider whether there is !!!8211;

(i) an alternative place where; or

(ii) an alternative method by which,

service may be effected.

(5) If, under paragraph (4)(b), there is such a place where or a method by which service may be effected, the claimant must make an application under rule 6.15.

jimbog

If you do find a new address to send the 'letter before action' put it into an amazon box and get it sent that way. The receiver may realise that a letter that needs signing for would probably be from you and refuse to accept it but never something from 'amazon'