how do i start a small claims procedure?

[lauraM1]

hello all,

 

my landlord is sticking by his guns and saying that they dont owe me my deposit as they never had it, so i really need to start with my small claims procedure now.

i remember someone advising me that i need to give them a formal request in the form of a letter and give them X amount of days to reply to me, before i can formally start the small claims.

so is there anything specific that i need to put in this letter? how long do i give them to reply before i go back to CAB?

 

ive already given my ex landlords i copy of my lease which they asked for and also a copy of what CAB gave me which clearly stated they were responsible.

 

thank you for any help offered, i want to write the letter and hand deliver it as the post is so off right now.

[Guest wino]

Have a look at MCOL website. You will need to send a letter before action best send recordered delivery. If you do hand deliver it you will need to get a signature yourself as proof they have received it.

 

http://www.google.com/url?url=http://www.moneyclaim.gov.uk/&q=money+claim+onli&rct=j&sa=X&source=suggest&ct=res&oi=suggest_nav&usg=AFQjCNELkx9r7XqjcncypEAv3LY2MvSoWA&aq=0&oq=money claim onli&aqi=n1g10

[Kentish Lass]

The problem with sending recorded delivery is that the recipient may refuse to accept or sign for it. An alternative is to send from a Post Office and obtain a certificate of posting (free) and send another from an alternative Post Office the next day, again getting a free certificate of posting. If LL tries to say he didn't receive it, the judge is unlikely to believe that two different letters from two different post offices on different days would both have gone astray.

[lauraM1]

so i just send a letter normal post but i go into the post office and ask for a certificate of receipt and they will give it to me?

 

what do i actually put in the letter - just the situation as it is im guessing?

 

thanks xx

[lauraM1]

hello

 

i have done a letter to landlords re my deposit, i have posted it below, was wondering if someone could advise me on anything i have left out or put in that needn't be there? thanks

 

DATED -

Dear Kerrie and Joe,

I am writing to you regarding the deposit money for the property I rented from you at (address given)

As discussed with you, the estate agents – Barrons, have gone into administration, and as the lease was signed prior to April 2007, I have been advised that you are liable to repay me the amount paid - £840.

I have already supplied you with a copy of the information that Citizen Advice gave me, to back this up, and you have a copy of my lease showing the amount of deposit paid.

I am requesting that the money is repaid to me in full within 14days of receipt of this letter; else I feel I have no choice but to start a small claims procedure as this has been ongoing since 12th September.

I have sent this letter from two separate post offices to ensure safe delivery.

Yours sincerely,

[Kentish Lass]

hello

 

i have done a letter to landlords re my deposit, i have posted it below, was wondering if someone could advise me on anything i have left out or put in that needn't be there? thanks

 

DATED -

Dear Kerrie and Joe,

 

I am writing to you regarding the deposit I paid to your representatives, Letting Agents - Barrons, for the property I rented from you at (address given) which I vacated on [date].

 

As previously discussed with you, Barrons, who were acting on your behalf, have gone into administration. Since the lease was signed before April 2007 prior to the implementation of the Deposit Protection Legislation, I have been advised that you, as Landlord, are responsible for returning my deposit of £840.

 

I have already supplied you with a copy of the information provided to me by the Citizens Advice Bureau and you also have a copy of my lease showing the amount of deposit paid.

 

Unless my deposit is repaid to me in full within 14 days of receipt of this letter I shall seek to recover my deposit via the small claims procedure.

 

Yours truly,

 

Please see my suggested changes in red.

 

I would also suggest that using first names is not really appropriate - even if you were on good terms with your LLs previously, they are now refusing to pay you YOUR deposit back (you should always remember, the deposit belongs to the tenant until LL proves he/she is entitled to deduct monies for damages). It really is not your fault if THEIR agent has gone bust. It is their problem and they should not have made it yours.

 

No need to tell them about the 2 post offices etc. - they will get both letters! By the way - you take the letter into the post office and buy the stamp at the counter - they will give you the certificate of posting to complete and then they will stamp it with their official stamp and they will take the letter for posting.

 

I would also suggest that you fill in the MCOL form (don't submit it) and print it off and attach a copy to the letter so they know you mean business.

 

Let us hope the letter has the desired effect!

[lauraM1]

thank you, i havent been onto that website yet, i will do it now and save a copy to print off at the library tomorrow as i dont have a printer.

 

thank you

[Kentish Lass]

Regarding the postal problems in the UK at the moment. If you hand deliver it, you need to have a witness who would be prepared to sign an affidavit if necessary as to the time and date of delivery. I have known of cases where a document has been physically handed to the recipient, who has then sworn in court they never received it!!!

[lauraM1]

well my dad was going to drop me there on wednesday morning to hand deliver it, so yes he would be prepared to swear that he got it.

[spitfire650]

I think I would be more inclined to "drop in" with a statutory demand than a polite letter requesting payment from these jokers

 

The fact that their agent has gone into administration is completely irrelevant, and in all likelihood they know this.

[Kentish Lass]

Probably should have said INDEPENDENT witness!! Not 100% sure a close relative would do. Perhaps someone with more legal knowledge than me can say??

[Kentish Lass]

I think I would be more inclined to "drop in" with a statutory demand than a polite letter requesting payment from these jokers

 

The fact that their agent has gone into administration is completely irrelevant, and in all likelihood they know this.

 

The LBA (Letter Before Action) is the normal procedure before going for court action - and the judge will want to see that you have tried "all avenues" before leaping in to court.

[spitfire650]

Probably should have said INDEPENDENT witness!! Not 100% sure a close relative would do. Perhaps someone with more legal knowledge than me can say??

 

It doesn't matter whether they claim to have got the letter or not; they still owe you the deposit.

 

I also wouldn't give them another 14 days if you have already raised the matter. 7 days would be more than reasonable.

[lauraM1]

i wasnt sure what the time frame should be to be honest, they have had more then enough time i agree, this has been ongoing since 12th sep, they have had the notes CAB gave me for 2 weeks and a copy of my lease for 4days - he said he'd get back to me friday and still no word from him.

ive re adjusted the letter and ive just filled out the form for the small claims that someone suggested to send with it as proof i mean business - i cant seem to find where to print it though, am i being thick? ive saved it for now

[lauraM1]

with regards to hand delivering it with my dad present, im not really sure. i dont have independant people i can take with me tbh, so maybe il post it and hand deliver it just to be sure?