Lead Tenant not returning deposit

dunroving wrote: »

Mayb even talk with them in person? The closer you get to normal human interaction, the easier it will be to gauge whether they are (a) lazy and embarrassed, (b) disorganised and disinterested, (c) deliberately deceitful, etc.

Depending on which of these applies, an appropriate follow-up approach might be more obvious.

I'm afraid that in this age of "social media" interaction, it's far too easy to "ignore" someone. You can't ignore someone when they are standing in front of you.

HI, many thanks for your response, a friend of ours has advised us against this, as it could look as an intimidatory attitude towards them .

We are going to call them again today, follow up with an email.

saajan_12 wrote: »

You're making this more complicated than needed. A message is easier to ignore, a phone call will tell you if they're being lazy or maliciously trying to steal it. Phone them, asking
a) Have they received the deposit from the agency
b) When they will return your share and how much

Then confirm this in an email/text ("as discussed you will return £x by yy/04/2018").

If they don't send it by that date then worry about addresses and court.

We are going to phone them today and follow up with an email. As i said, less than two months ago we were living together, and now we just have gone our separate ways.

TBagpuss wrote: »

I would suggest that you try one last time to speak to them, in person or by phone. In that conversation, remind that that the money has been refunded, that ££572.50 of it belongs to you and the same amount to your friend, and that it needs to be returned immediately. Ask them what is causing the delay and make clear that you expect the money to be in your accounts within (say) 3 days, failing which you will have no alternative but to start a formal claim to recover it.

If they don't respond, or refuse to return the money, then send a formal letter before action and then start a money claim online. You don't need legal representation but do need to read the instructions carefully and ensure that you follow them fully.

You say that you had a joint account for bills and that it was not in the name of the lead tenant. Whose name was it in? Has that person checked the statements to identify when the payment went in? Has the money been withdrawn? I think the person you need to be contacting is the person whose name is on that account, not the lead tenant, as it is that person who has access to the funds.

HI, many thanks for your response.

WE have got confirmation today from the agency about the total amount transferred and we have worked out our part of the deposit, £1,127.05 .

The agency has told us that they are going to contact them by email and phone to let them know about the possible repercussions to both them, as one is the lead tenant and the other is the account holder.

A friend of us have told us to avoid turning up at their workplace or their place, as this may look like an intimidatory attitude towards them. we don't know how accurate this advise is.

AS per everyone advise here, we are going to call them again today, the lead tenant and the other tenant who is the account holder ( but we have all used the account to make payments) and try to get our money amicably.

I am a bit lost about the process if they decide not to return the funds....a formal letter before action, this does not have to come from a solicitor and could just come from us?

Could give me more details about this money claim online? i thought this was something to go to the small claims court.

thanks very much,

ashe wrote: »

Have they both read the messages?

Hi, yes, they both ( and the boyfriendo, also in the group) have read the texts, and were copied on our last communication with the agency when confirming that the money had been transferred.

Pixie5740 wrote: »

When you say you've tried everything does that mean you have sent a letter? Not a text, not a Whatapp message, not a Tweet but an actual letter written on paper with ink and sent through the post? That's what a court will want to see.

I am confused. First you say you want to sort this amicably and don't want to go to court. Now you're talking about trying to impact the lead tenant's livelihood by leaving a mark on their DBS check. :huh:

The return of your deposit is a civil matter and it would be dealt with in small claims court which is a civil court. DBS checks search criminal records not civil disputes so your dream of ruining the lead tenant's livliehood through this sadly won't come true.

HI, thanks for your response.

In no way, shape or form, my dream is ruing someone's livelihood. Apologies if this has been misunderstood. I was only referring to the chances of a possible mark on their DBS if that mark impacted their record. Not that I want to leave a mark or ruin their careers. That was me speaking from ignorance.

Is good to know that there are still ways to solve this. And no, we have not sent a letter to them , like I said, this is my first time dealing with this kind of issue and we are learning as we go.

When you say a letter in the post, should we make copies of this? have it delivered with proof of delivery?

thank you,

dunroving wrote: »

Whether an in person meeting is "intimidatory" depends on the context and on you. You lived with these people for two years (?) so presumably you know them pretty well (?)

If you send a message suggesting you meet them after work to discuss the deposit refund over a coffee, is that "intimidatory"? Doesn't seem so to me. Maybe the snowflake generation does exist.

You could say that being passive-aggressive by not responding to your messages and not giving you your money is "intimidatory". Such intimidation tends to evaporate when people have to look each other in the eyes.

Thanks for your comment,

Our main issue, is that as they are ignoring our calls and texts, so the chances of arranging a chat are close to none, without us turning up unannounced at their job.

I completely agree with your point of "intimidatory attitude" but we just don't know how to proceed here. We basically want our money back and move on. We don't want to get involved in letters, claims, etc...