Deposit Misery .... :O(

Tori_Bellatrix

:starmod::starmod::starmod::starmod: :starmod::starmod::starmod::starmod::starmod: :starmod::starmod::starmod::starmod::starmod: :starmod::starmod::starmod::starmod::starmod: :starmod::starmod::starmod::starmod::starmod:

UPDATE

The solicitor emailed me today to say that the LL responded to the final LBA and has sent him a cheque for the balance of the deposit £448 plus my fees for using a solicitor (which is just over £100) ... Thing is, the solicitor says if I accept it he says it will be full & final settlement and I can't then go to court for the 3x penalty.

I've emailed him back to ask why this is case as the penalty payment is for non compliance and in terms of her cheque, she is only paying back what is mine anyway (apart from the solicitor fees to be fair .... ). He hasn't replied yet but I guess he thinks I'm being difficult

Any advice, comments ... Should I just be thankful I have now had my money returned ...

Catblue

You've got the LL running scared, that's for sure.

Well done for getting the deposit back. She was trying it on, and you've called her bluff. She picked on the wrong person to mess with.

Can't advise on whether you should take it further, sorry. Depends on how strongly you feel about it. See what the solicitor says about your chances of getting the 3X deposit in court.

Tori_Bellatrix

Catblue wrote: »

You've got the LL running scared, that's for sure.

Well done for getting the deposit back. She was trying it on, and you've called her bluff. She picked on the wrong person to mess with.

Can't advise on whether you should take it further, sorry. Depends on how strongly you feel about it. See what the solicitor says about your chances of getting the 3X deposit in court.

Thanks Catblue .... I do feel victorious in that she is now paying for her own oven and hob and it's not me footing the bill... I did find out though that she is planning to sell the old one (the one supposedly damaged beyond repair which she charged me for). Had I not done anything, she'd have got my dosh plus the money from selling the old one ... :rolleyes:

barnaby-bear

Tori_Bellatrix wrote: »

Thanks Catblue .... I do feel victorious in that she is now paying for her own oven and hob and it's not me footing the bill... I did find out though that she is planning to sell the old one (the one supposedly damaged beyond repair which she charged me for). Had I not done anything, she'd have got my dosh plus the money from selling the old one ... :rolleyes:

There's a victory in that she's had to pay out more than she would have if she'd given you the deposit all back.... it's new legislation regarding the 3xdeposit issue though. I agree though how accepting the deposit back relates to agreeing to waive that issue seems odd - sounds like she doesn't want to risk the issue....

Datasafe_2

If the cheque was that quick forthcoming then your ex LL knows she is on a sticky wicket. So the choice is yours. Are you satisfied with the full refund? Or do you want to take her to court for the full 3 x penalty.

Either way best wishes !!

Tori_Bellatrix

Datasafe wrote: »

If the cheque was that quick forthcoming then your ex LL knows she is on a sticky wicket. So the choice is yours. Are you satisfied with the full refund? Or do you want to take her to court for the full 3 x penalty.

Either way best wishes !!

Yes, I understand she got independent legal advice and they informed her she was in the wrong .... hence why she coughed up ...

TBH, had she paid back my original deposit in the first place I'd of been happy but she was so damned horrible that I want to see her squirm a bit more ... That's mean isn't it ...

clutton_2

ok - why not suggest that you WILL sign to say "in full and final settlement," as long as she pays you £750 on top of her current offer for your pain, distress and general inconvenience. i betcha she will offer you an extra £500 rather than be dragged thru the courts where she knows she will lose - hence the speedy solicitors offer.

Tori_Bellatrix

clutton wrote: »

ok - why not suggest that you WILL sign to say "in full and final settlement," as long as she pays you £750 on top of her current offer for your pain, distress and general inconvenience. i betcha she will offer you an extra £500 rather than be dragged thru the courts where she knows she will lose - hence the speedy solicitors offer.

Hmmmm .... that's an idea .... :idea:

Andy_Hamilton

You really need to find out what the letter from your LL to your solicitor actually states.
If it says "accepting this money is the end" etc then you can't cash it and expect more.

BUT
You can go to court and you have an even better case than before with proof of her admitting she was in the wrong.. Claim the 3X deposit money for distress and you should be on to a winner. Don't forget to add the withheld money onto the claim, the judge would see the cheque and let you cash it or add it to the CCJ.

If you don't win the 3x deposit you can still cash the cheque, she would not dare let it bounce!

evosy1978

this is great. go for the lot thats my opinion. :beer: