Deposit Misery .... :O(

SarahNeedle1872

Just found this thread..... I would scrap her offer and go for the full amount - that'd serve her right!

Good Luck

Sarah x

Kez100

I would ask my solicitor if one would win the 3x case. If you have a guarantee with the evidence you have (i. e "The deposit was secure it was in my building society account" ) then I would take her to court personally. I wouldn't do it to a different character oddly enough. If I thought someone had made a mistake - we are all human. But her attitude stinks and I would do it for that reason although I'm not sure that's really a healthy basis on which to try for justice!

If there is a chance you won't win then I would accept the cheque now.

I suspect - given her attitude - that she has had some advice and knows she is on a sticky wicket, hence the extra to help she has given you with £100 for fees and her keeping to your timeframe. She is not of the character to do that sort of thing, so I believe someone has told her she is in the wrong.

haylibo

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 wonder TB whether your solicitor is the smartest tool in the legal toolbox? Maybe he isn't fully up to speed with the deposit rules as it looks like he's clumping the two issues in together. I wouldn't overly worry if he thinks you're being awkward, it's what you think of him that matters most. Anyway, he'll soon realise you were in the right when he has to deal with more and more cases of mismanaged deposits under the new rules. I would instruct him of what you want and hope he's supportive.
If it were me I would be tempted to push for a full and final settlement to take into account what LL would be saving by not being taken to court but only because I would find going to court a bother and secondly, I'd be worried that nobody else on here seems to have reported back a succesful case of getting the three times (please someone correct me if I'm wrong). Things have been known to go wrong in court, look at the number of cases for people reclaiming credit card charges where the courts are applying the different rules applying to bank account charges. If it's new to the solicitor it is likely new to the magistrate too and I'm a natural pessimist so I'd play it safe.
All that said, it's tempting to encourage people to go for the full amount just to see some justice served on these LLs who try it on and yours deserves the full whack but I'm not sure I'd personally go for it. Whatever you do, good luck and lots of supportive vibes being sent from here:)

Tori_Bellatrix

Thanks everyone for your help and advice so far ..... I'll be honest, as soon as I heard from the solicitor yesterday I raced to post the update on here as there is so much support floating around and I knew I'd get some good and impartial advice .... :beer:

haylibo

Let us know what you choose to do. What would the 3X value be? Around £1900?

Tori_Bellatrix

Yeah £1950 ... I need to hear back from the solicitor first and then I can decide what to do next ..

wisbech_lad

I would accept the offer. You've got your deposit back, she's learned her lesson.

neverdespairgirl

Tori_Bellatrix wrote: »

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 ...

I'd go for the 3 x deposit. This isn't a simple case of a mistake, she's treated you horrifically, and tried to rip you off BIG time. I don't think she's "learned a lesson", I think she's just realised you won't let yourselves be ripped off. Go for it!

neverdespairgirl

wisbech_lad wrote: »

I would accept the offer. You've got your deposit back, she's learned her lesson.

How's she learned her lesson? She didn't protect the deposit, she behaved really badly.

zebulon

neverdespairgirl wrote: »

Go for it!

I feel like people are getting all a bit too::j by the 3x deposit thingy
the only problem is that I've never read (on MSE anyway) about anyone actually getting this (or not) in court...

I fear it's one of those things that were made to scare dodgy landlord but will fail to be automically enforced ... if you see what I mean ...

Tori Bellatrix is right to try to make sure that going to court will have any actual results (even if it's not money to her)