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  • FIRST POST
    • erxema
    • By erxema 9th Apr 18, 11:18 PM
    • 7Posts
    • 0Thanks
    erxema
    Lead Tenant not returning deposit
    • #1
    • 9th Apr 18, 11:18 PM
    Lead Tenant not returning deposit 9th Apr 18 at 11:18 PM
    Good evening everyone,

    it is my first post, please be gentle, I have been a long time reader, and just decided to join as we have been made aware that our deposit (tenancy ended 15th Feb) was returned after deductions were made (and agree by the four tenants) as per the lead tenant request to the account we have used as joint one ( one of us got a new account under her name ) and we used it as an account to pay rent and bills. Need to remark that this account is not under the name of the lead tenant.

    Today, after contacting our agency and asking about our deposit, we have been made aware that our deposit was refunded almost a month ago, and that the lead and other tenant not only have failed to let us know but are also ignoring our texts asking for it.

    Between my friend and I, the claim goes up to 1145 pounds (apologies for the lack of pound sign, writing from a spanish keyboard).

    We have emails from the agency asking us to confirm the refund to such account, we have the emails from today where the agency acknowledges that the deposit has been returned to the lead tenant. We have obviously the tenancy agreement with our names on it, we have bank statement from that account used to pay bills and rent and transfers paid into/to by each tenant...

    We have asked the agency for the forwarding address the lead tenant provided and a confirmation of the total amount that was refunded. Now, my question is... as from what I have been able to read and gather information today, it is the legal responsibility of the lead tenant to make sure that our share of the deposit is returned to us, what is the procedure now?

    We don't want to be involved in any court claims, solicitors, etc... and we prefer to resolve this amicably and move on with our lives, but as per their non-response, we are afraid that might not be the case.

    Any suggestions?

    Many thanks to everyone reading this and sharing their views.
Page 2
    • Pixie5740
    • By Pixie5740 10th Apr 18, 12:01 PM
    • 13,371 Posts
    • 19,255 Thanks
    Pixie5740
    I do get where you're coming from because it's not an insignificant sum of money and I'd be cheesed off too if someone were dragging their heels about returning my share of the deposit.

    Yes, when you send a letter keep a copy for yourself and send it 1st class from a post office getting proof of postage. The court will deem the letter to have been received 2 working days later.
    • brentcloning
    • By brentcloning 10th Apr 18, 9:44 PM
    • 32 Posts
    • 25 Thanks
    brentcloning
    Maybe if you acted like a "proper adult" and spoke to them about it rather than texting like a teenager you may get an adult repsonse.
    Originally posted by bigisi
    Yeah, adults don't text at all. And you think if you call they're magically going to be compelled to answer the phone? The amount of inane comments on this forum is maddening.
    • yoshiyella
    • By yoshiyella 11th Apr 18, 7:50 AM
    • 515 Posts
    • 217 Thanks
    yoshiyella
    Maybe they have accidentally spent it and don't know what to do.


    Maybe message them again (text is ok) just saying that they need to give some form of explanation otherwise you will go to the police over theft and following that you will have to take it to the small claims court and that the money owed to you will increase significantly due to the costs involved.


    Also say that you are not angry but that you need to come to an arrangement.


    Give a deadline for all of this.
    • davidmcn
    • By davidmcn 11th Apr 18, 8:27 AM
    • 9,315 Posts
    • 9,946 Thanks
    davidmcn
    |otherwise you will go to the police over theft
    Originally posted by yoshiyella
    This isn't theft. No need to escalate it with such a threat, and certainly no point wasting the police's time.
    • yoshiyella
    • By yoshiyella 11th Apr 18, 10:05 AM
    • 515 Posts
    • 217 Thanks
    yoshiyella
    This isn't theft. No need to escalate it with such a threat, and certainly no point wasting the police's time.
    Originally posted by davidmcn

    It is possibly is - defined as the unauthorised taking, keeping, or using another persons property.


    Also how is it escalating? According to the OP the deposit was refunded over a month ago and both parties have read the messages. Also, no where did I mention actually going to the police. It is an idle threat to make them pay up.
    • Pixie5740
    • By Pixie5740 11th Apr 18, 10:36 AM
    • 13,371 Posts
    • 19,255 Thanks
    Pixie5740
    It is possibly is - defined as the unauthorised taking, keeping, or using another persons property.


    Also how is it escalating? According to the OP the deposit was refunded over a month ago and both parties have read the messages. Also, no where did I mention actually going to the police. It is an idle threat to make them pay up.
    Originally posted by yoshiyella
    It's a pointless threat because the OP cannot act on it unlike a letter before action. If the OP sends a letter (not a text, no point sending more texts if the previous ones have been ignored) before action (s)he has the option to then take action ie file a money claim online.
    • davidmcn
    • By davidmcn 11th Apr 18, 10:40 AM
    • 9,315 Posts
    • 9,946 Thanks
    davidmcn
    It is possibly is - defined as the unauthorised taking, keeping, or using another persons property.
    Originally posted by yoshiyella
    Money which somebody else owes you isn't your property.
    • ciderboy2009
    • By ciderboy2009 11th Apr 18, 10:43 AM
    • 501 Posts
    • 444 Thanks
    ciderboy2009
    I think the big problem here is that the OP still doesn't appear to have the home address.

    Without this there's nowhere to send the letter before action or the claim form (the work address isn't any good).
    • Pixie5740
    • By Pixie5740 11th Apr 18, 10:43 AM
    • 13,371 Posts
    • 19,255 Thanks
    Pixie5740
    Money which somebody else owes you isn't your property.
    Originally posted by davidmcn
    Imagine if it was. They'd need to reopen all the debtors' prisons if the Debt Free Wannabe board is anything to go by.
    • G_M
    • By G_M 11th Apr 18, 10:54 AM
    • 46,181 Posts
    • 55,908 Thanks
    G_M
    I think the big problem here is that the OP still doesn't appear to have the home address.

    Without this there's nowhere to send the letter before action or the claim form (the work address isn't any good).
    Originally posted by ciderboy2009
    See
    https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06


    Nature of defendant to be served : 1. Individual
    Place of service : Usual or last known residence.
    and

    (3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant!!!8217;s current residence or place of business (!!!8216;current address!!!8217.
    (4) Where, having taken the reasonable steps required by paragraph (3), the claimant !!!8211;

    (a) ascertains the defendant!!!8217;s current address, the claim form must be served at that address; or

    (b) is unable to ascertain the defendant!!!8217;s current address, the claimant must consider whether there is !!!8211;

    (i) an alternative place where; or

    (ii) an alternative method by which,

    service may be effected.

    (5) If, under paragraph (4)(b), there is such a place where or a method by which service may be effected, the claimant must make an application under rule 6.15.
    • jimbog
    • By jimbog 11th Apr 18, 10:59 AM
    • 766 Posts
    • 1,323 Thanks
    jimbog
    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'
    The problem with quotations on the internet is that you can never verify their authenticity - Abraham Lincoln
    • ciderboy2009
    • By ciderboy2009 11th Apr 18, 11:12 AM
    • 501 Posts
    • 444 Thanks
    ciderboy2009
    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
    • By InterestedParty2018 11th Apr 18, 11:46 AM
    • 129 Posts
    • 73 Thanks
    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
    • By Slithery 11th Apr 18, 5:35 PM
    • 1,057 Posts
    • 1,715 Thanks
    Slithery
    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'
    Originally posted by jimbog
    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
    • By davidmcn 11th Apr 18, 5:47 PM
    • 9,315 Posts
    • 9,946 Thanks
    davidmcn
    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.
    Originally posted by Slithery
    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...
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