Landlord refuses to pay up for the settlement reached in court

[knonist]

I had a dispute with my pervious landlord regarding the return of my deposit of £650 which was paid to him on March 2007. He made a counter claim of £700 when I took him to court.

 

The hearing took place in Sept 2010, the judge made us to settle the case and he agreed to return £475 for settlement before the judge. The judge then pronounced that the defendant should pay the claimant £475 within 7 day for a full and final settlement.

 

My previous landlord agreed to reimburse the full sum via bank transfer the same evening; then later insisted to wait for the document from the court to arrive before making the payment.

 

Then he claimed the document from court failed to specify the amount to be reimbursed; and insisted that I will have to provide him with a receipt with my current address for the amount I have not yet received before he could make the payment. I threaten him of legal action so he transferred £375 into my bank account in November 2010, but insisted I have to provide him with a receipt with my current address before repaying the remaining amount (£100).

 

I would like to know what my options are, and if possible, how to make it nasty for him too.

Edited May 4, 2011 by knonist

[raydetinu]

why not just give him the receipt and then if he does not forward the £100, go back to court and get baliffs round to his place.

[knonist]

why not just give him the receipt and then if he does not forward the £100, go back to court and get baliffs round to his place.

 

Just in case he harass me and if I gave him the receipt then it meant I have received the money already so I wouldn’t have a chance in court.

[raydetinu]

If yo dont give him a receipt he can just he has paid the full amount anyway, so how you going to prove he has not given it all to you!

Or for that matter you could say he has not paid you at all!

IMPASSE!

[knonist]

If yo dont give him a receipt he can just he has paid the full amount anyway, so how you going to prove he has not given it all to you!

Or for that matter you could say he has not paid you at all!

IMPASSE!

 

I have requested him to complete the transaction via bank transfer, by which the transaction is traceable. He had all the correct details as I have been paying my rent the same way for 3 years.

[raydetinu]

go back to court then, and get the baliffs round there.

[knonist]

can i get the baliff on him without going to the court?or I need to summit another claim form again to take him to court again?

[Ed999]

Read the FAQ: Got A Judgment? How To Get Paid

 

Note: The fees mentioned in that FAQ may now be out of date. You should check the current fee with the court.

[knonist]

Read the FAQ: Got A Judgment? How To Get Paid

 

Note: The fees mentioned in that FAQ may now be out of date. You should check the current fee with the court.

 

Yes, but I have not got a judgement, it was just an settlement agreement made before the judge.so I'm not sure is it enforceable.

[Ed999]

The judge then pronounced that the defendant should pay the claimant £475 within 7 day for a Full and final settlement.

 

 

This sounds like a judgement to me. Ask the court to give you a copy of the final order in the case, made at the hearing last September. Check it when you get it: make sure it records the agreed terms of settlement correctly. If so, it is a judgement: enforce it.

 

If no Order was written up at the time, which seems unlikely, you will need to have a Consent Order made by the court now, embodying the agreed terms of the settlement. YOU will need to ask the court to make that Order. If the judge recorded the agreed terms in his case note, that should be possible. If the court does not comply with such a request, you will need to consult a Solicitor for advice and assistance.

[knonist]

This sounds like a judgement to me. Ask the court to give you a copy of the final order in the case, made at the hearing last September. Check it when you get it: make sure it records the agreed terms of settlement correctly. If so, it is a judgement: enforce it.

 

If no Order was written up at the time, which seems unlikely, you will need to have a Consent Order made by the court now, embodying the agreed terms of the settlement. YOU will need to ask the court to make that Order. If the judge recorded the agreed terms in his case note, that should be possible. If the court does not comply with such a request, you will need to consult a Solicitor for advice and assistance.

 

I just found the general form of judgment or order from the court.

 

the exact wording on the order are: It is order thatHe parties having agreed terms of settlement, all further proceedings be stayed save for purposes of enforcement.

 

------------------------

 

So can I see this as a judgement, even without the amount written?

[Ed999]

Not quite. The agreed terms of settlement ought to be set out in the order, in an attached schedule.

 

Ask the court to correct its error, by issuing a revised order that has the agreed terms scheduled to it. If the court does not comply with such a request, you will need to consult a Solicitor for advice and assistance.