Landlord refused to return deposit...help with Warrant/N245

[tc1000]

Evening

 

This is my first post on CAG and I'm hoping that someone could offer me some advice with a claim I am making to have my deposit returned to me from my previous landlord.

 

Quick history: I rented a room for 8 months, and at the start of the rental, I paid the landlord $500 (NB that is pounds sterling, not dollars - computer is playing up on me!). Anyway, I decided to find a new place, gave notice etc. and moved on, all fairly amicably (or so I thought).

 

At the time I moved, I requested that he returned my deposit and followed up with a couple of letters, emails, calls etc. which lead me to pursue a claim via HMCS Money Claim. The landlord did not respond so judgement was made, and I have issued a warrant to have the judgement enforced.

 

The landlord has now completed an application for suspension of a warrant (N245) requesting to the return the monies at $50 per month.

 

I really wanted to get some advice before I respond to the application. I have the option to:

 

[a] Accept the offer

Ask for a different amount or total amount by a specific date

[c] Reject the offer and request the bailiff to proceed with the warrant

 

Primarily I would like my money back ASAP as the matter has been going for some months now and I'm concerned that he will not keep up to the repayments if I agree to them and will therefore need to spend more time applying pressure via the courts. I'm also concerned that if he moves that I may not get back all of the money and when I was renting a room he did mention that he wanted to move to the States.

 

The N245 has been poorly completed by the landlord and is difficult for me to ascertain whether his offer is reasonable. Details of the form:

 

Section 3 Employment:

[1] Has not ticked any of the 4 boxes, but has completed a name of an agency in the "employed as a" box.

[2] Has ticked "I am not in arrears with my national insurance"

 

Section 4 states he has a bank account that is o/d by $750

Section 5 states he lives in his own property

Section 6 states:

”Take home pay = £80 per week

Other Income = £400 per month

Total = £720” (actual total would be £746.67 if you convert the weekly amount correctly)

 

Section 7 states (all monthly):

 

Mortgage = £280

Council Tax = £110

Electricity = £40

Water charges = £12

TV rental/licence = £12

Housekeeping, food, school meals = £40

Travelling expenses = £50

Total = £544

 

Section 8 (priority debts for arrears only) all amounts noted as monthly:

 

Mortgage arrears = £550 (noted one month only)

Council tax arrears = £220 (noted one month only)

Electricity = £50

Others = £75 (noted HSBC Student loan and HSBC o/d £2000 and Barclays Loan)

Total = £945 (noted £125 exc. Mortgage and Council Tax)

I’m not sure how the figure of £945 is calculated as I make it £895

 

Section 9 is blank

 

Section 10 (Credit Debits) details:

B’card = £25

Halifax o/d = £40

Citicard Visa = £25

(no frequency is provided)

 

In the section “Of the payments above, I am behind with payments to” he has put Accucard Visa = £10wk

(I don’t see this listed above)

 

On the form it suggests that if you take away sections 7, 8 and 9 and the payments being made from 10 from the total in section 6, it will give an idea of the sort of sum you should offer…

 

If you do this literally you end up with a negative number!

 

So, I have assumed that section 8 is £125 as per his note, and have ignored the £10 wk accucard visa amount from section 10. That comes to a value of £34.33

 

Based on the above and my concerns, WHAT WOULD YOU DO?

 

Many thanks

tc1000

[blacksheep1979]

Were you living with the landlord? Does he actually have a job? you can make a request for a Financial Check, which would would mean he would have to produce bank statements etc and if he's speaking rubbish it'll show

[tc1000]

blacksheep1979 - yep, was living with the landlord, just renting a room. He does have a part time job, but is also studying so the income side is probably not far off. I'm just concerned that if I ask for full payment or say $100 a month, that based on the figures on his form, the judge would only make him pay what 'the form' says he can afford. The annoying thing is that he drives a flash car (although possibly his parents own it), has his own house etc. etc. I have a mouontain of debt, and could really do with the cash!

 

How do you go about requesting the financial check?

[blacksheep1979]

its usually done when you go to court and the judge makes it a requirement of the order. If you turn down his offer in the reasons why state that you fear he is going to leave the country (they may put a reporting order on him to say if he moves house) and that you believe his statement isn't and accurate representation of his finances and require proof.