Lead Tenant not returning deposit

ciderboy2009

G_M wrote: »

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

The problem here though is that the cost of making the application for substituted service is likely to be disproportionate to the value of the claim.

In addition, there's no way of taking any enforcement action without the actual address.

InterestedParty2018

Forgive my simplistic approach:

1. Call, text, email, post a letter (to their work if necessary, mark it at "private and confidential" or visit in person.(You were obviously friends before as you shared a house/flat together!) Ask: "I understand the agency has returned the deposit, when will you be returning my share to me?"

2. If the above is unsuccessful, you take the matter to the small claims court. (Guides are available on the MSE website.) Having a record/proof of reasonable attempt to recover your share (call history, text history, copy of letter etc) will all be in your favour.

Sorry, no magic shortcuts or "secret" ways to get someone to respond/pay.

Slithery

jimbog wrote: »

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'

That's why you shouldn't use recorded delivery for this sort of thing, the recipient can reject it. Instead you should use registered delivery, no signature is required and the letter is legally deemed to have been served 2 days later.

davidmcn

Slithery wrote: »

That's why you shouldn't use recorded delivery for this sort of thing, the recipient can reject it. Instead you should use registered delivery, no signature is required and the letter is legally deemed to have been served 2 days later.

Think you're mixing up some services - "registered delivery" is the old name for what is now "Special Delivery" i.e. the tracked and insured Royal Mail service - which certainly needs a signature.

"Recorded Delivery" is now "Signed For", and is the less-tracked and sometimes less reliable signature-on-delivery service.

I think you're referring to a certificate of posting, where you get evidence that you handed the item over at the PO counter but otherwise it's treated as a standard delivery.

Whether there is any legal deeming of delivery depends on what bit of law you're talking about - there aren't any general rules. Often you do need to send by one of the signed-for methods, and the item can be deemed to be delivered even if rejected. For practical purposes, it can be useful to send a duplicate letter unrecorded, so that the recipient knows what it is they haven't signed for...