successfully reclaimed deposit using small claims court.

[register]

This site has supported me in the past.

 

I just wanted to share my story.

 

I had been renting a house for 3 years when I had come home from work to discover I had 28 days notice to leave, from the letting agent. {Contract had not been renewed, so reverted to periodic contract, I lived in Northern Ireland}.

 

After a quick move to a new place, I had not recieved my deposit back,although the place was left in very good condition. i.e. carpets cleaned, oven professionally cleaned, several carpets replaced and rooms redecorated. above the standard which we recieved the house.

 

I was in dispute with several very cheeky admin staff people, who eventually stated that I was not getting my deposit back. I had sent several Letters threatening court, without success. The LA eventually ignored my letters and 5 months after I had left I decided enough was enough.

 

I applied to my local small claims court and took the landlord not the letting agent, directly to court. Deposit protection schemes were only recently made law in Northern Ireland. At this point I was prepared to go to court and lose all the deposit. I was angry and just wanted to inflict the same pain that i had felt back to the landlord.

 

Once interest and the court fee was added,the total sum I was claiming was substantially increased above the deposit.

 

Suddenly they were very keen to talk to me.

I eventually agreed to drop the claim if all the deposit was returned to me. This happened very quickly. The cost of the letting agents hiring a solicitor to attend the court would have outweighed the cost of paying me i guess. I actually was more interested in the satisafction of winning than the money at this stage. Eventually they had to eat humble pie and pay me what i beleived was mine.

 

Just a small post to let you know that just because people in {cheap}suits tell you you wont win, and its pointless. You can if you believe you are right and can look a judge in the eye and believe it.

 

sorry for bad english, not my first language.

 

dont let them get you down.

[mariner51]

Well done! SCC are 'user friendly' though somewhat slow IMO.

 

Moral = If you threaten poss legal action and feel you have a strong case, you should follow through.

Not all chancers wear cheap suits.

[BankFodder]

Well done.

 

We spend a lot of time on this site telling people that County Court action is the great equalizer.

Businesses of all kinds will bully you around but once they receive the court papers, suddenly you are on an equal footing with them because if they don't take the litigation seriously, then there will be a judgment against them.

You have shown how true this is.

 

County Court actions are easy, cheap and pretty well risk free.

 

Consumers should be quicker and bolder to begin a County Court claim - and there would be a lot better consumer service everywhere.

 

In England and Wales especially, County Court claims are very easy and worthwhile taking.

 

And once you've done it once, you will realise how easy it is to do and you won't think twice about tacking the next bully head-on.

 

Well done - and thank you for letting us know.

[raydetinu]

well done.

[dickster 60]

what is involved in going to county court and where does one start

[register]

what is involved in going to county court and where does one start

 

I obviously had threatened court action against the landlord as i felt i had been treated unfairly. I had lots of evidence showing the house in very good condition when i left it, so i went to the court and obtained the form. I filled it in, attached the evidence and paid the court fee.

 

I was prepared to stand in front of a judge and present my case. I was not 'chancing' it as you say.

 

If the judge had decided I had to lose my deposit then I would have accepted that, but

I was not prepared to accept it from the letting agent.

 

So it was easy. One thing. the letting agent told me that i could not directly take the landlord to court. this was a lie.

 

I just posted to tell people that you can do it. fight back if you feel you have a case.

 

good luck.

[gsc-cert]

Thanks Register. Its indeed quite encouraging. I will be pulling my current landlord to the court as well. He did not put money in DPS for last four contracts. I am not in employment now and on benefits. So I may not even have to bear the court fee even.

[raydetinu]

gsc - cert, you can only take LL to SSC for deposit return, not for non-compliance, that needs to go through Fast track county court and will cost you 1k plus in fees up front.

[Batfink]

Not quite. It is mandatorily allocated to the multi-track (but everything else is correct)