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Deposit Misery .... :O(

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Comments

  • Hi, thanks for your comments Curley, Chriz1000 and LilMissEmmylou :)

    I am just in the process of constucting an email reply to the solictor and it did flash through my mind to say to him that we don't reply to her letter but give her the 14 days as we said we would and then just file the claim if the money isn't received in full. I'm not prepared to compromise - just like she wasn't prepared to last week when she was holding all the chips (or should that be bank notes).

    She also offered that I can re-inspect the damage with a witness - except I don't need to as I took photographs of the appliances in question before I moved out.
    :happylove Tori Bellatrix :happylove

    .·:*¨¨*:·..·:*¨¨*:·..·:*¨¨*:·.
  • emsywoo123
    emsywoo123 Posts: 5,440 Forumite
    Oh I am reading this thread and sooooooooo willing you to do well! :)
  • Loretta
    Loretta Posts: 1,101 Forumite
    I do have an update!

    When I got home today, I had an email from my solicitor who has heard from the LL today. In a nutshell, the LL is still insisting that I damaged the appliances by reckless cleaning and now says that she advised I clean the appliances with 'soapy water' as well as giving me some cleaning fluid ... this was all in front of a witness apparantly .. :rolleyes: ... Apparantly the damage could not be caused by wear & tear as I was the only tenant to use said appliances since installation.

    She makes no mention of the tenancy deposit scheme whatsoever but says that my deposit was held securely in her 'savings' account' (no doubt earning her interest for nearly 2 years). She also says that she does not wish to be involved in any dispute over the matter and has offered me settlement of around 40% of the deposit she withheld to settle the matter without further redress!!

    I would have thought that have a good case, she has told you that she has not put your deposit into a scheme, end of story

    I am sure that you do not want to be involved in a dispute either and will settle the case for the full return of your deposit x 3

    I hate these stupid amateur landlords!!
    Loretta
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    you do not need a solicitor to help you get your money back ... filling in the forms is quite simple. county court is very informal - after you have lodged your written case, she has the right to reply, and if she chooses to defend it rather than pay up, then you sit at a table with a judge and her (take a Mackenzies friend with you) and you state your case and she states her - and the judge decides - very informal. if she has not put your deposit in a Scheme you WILL get 3 times your deposit back - irrespective of whether she "wins" the oven damage claim - so you will be quids in = plus - you can charge her your court costs.
  • Loretta wrote: »
    I would have thought that have a good case, she has told you that she has not put your deposit into a scheme, end of story

    I am sure that you do not want to be involved in a dispute either and will settle the case for the full return of your deposit x 3

    I hate these stupid amateur landlords!!

    I really really hope you get this sorted soon - I know how utterly frustrating and stressful this is!!

    I have just been assured by our petting agent that the LL has authorised release of our deposit in full, so hopefully this will be back in our bank accounts early next week. Won't believe it till I see it!! Also annoyed that he pushed it right until the ten day period was over for no reason at all - sure it was just a power trip.

    Anyway - glad my cash is (hopefully) winging its way back and hope for similar outcomes for everyone else on here...
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    I'm a bit short of dates at present - pls could angelesque send me the contact details of her "petting agent"
  • chappers
    chappers Posts: 2,988 Forumite
    I would write her one more letter either from yourself or your solicitor stating you are not happy with her offer and unless you have the money within 48 hrs you will be taking her to court not only for the deposit but also for the 3 x rent for her not holding it in a deposit scheme, with no further reference to herself.
    Then if she doesn't cough up do it, but don't contact her just do it.
  • clutton wrote: »
    I'm a bit short of dates at present - pls could angelesque send me the contact details of her "petting agent"

    It's a very special service, I'm afraid I can't reveal my source :rotfl:
  • Loretta wrote: »
    I would have thought that have a good case, she has told you that she has not put your deposit into a scheme, end of story

    I am sure that you do not want to be involved in a dispute either and will settle the case for the full return of your deposit x 3

    I hate these stupid amateur landlords!!

    Hi Loretta, it mde me laugh when she wrote that she didnt want to be involved in any dispute ... almost like saying, I don't want it so it's not going to happen! :rolleyes:

    I'll happily settle for 3x the deposit .. :D
    :happylove Tori Bellatrix :happylove

    .·:*¨¨*:·..·:*¨¨*:·..·:*¨¨*:·.
  • clutton wrote: »
    you do not need a solicitor to help you get your money back ... filling in the forms is quite simple. county court is very informal - after you have lodged your written case, she has the right to reply, and if she chooses to defend it rather than pay up, then you sit at a table with a judge and her (take a Mackenzies friend with you) and you state your case and she states her - and the judge decides - very informal. if she has not put your deposit in a Scheme you WILL get 3 times your deposit back - irrespective of whether she "wins" the oven damage claim - so you will be quids in = plus - you can charge her your court costs.

    Hi Clutton .. I won't be using the solicitor for submitting the court papers/court attendance ... too costly ... ;)

    I sent my email to the solicitor last night but I've not had a reply yet so I'm not sure if he has wrote back refusing her 'most kind' offer!! I certainly won't be accepting it though ....
    :happylove Tori Bellatrix :happylove

    .·:*¨¨*:·..·:*¨¨*:·..·:*¨¨*:·.
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