They've Offered Small Claims Amount - But Not the Fee & Interest?

[gemnomnom]

Hello all,

 

I have filed a MCOL against my old landlord for four weeks' rent. I was claiming HB, then began full time work, and thus became entitled to a HB run on payment. I have proof from the council that this was paid to the landlord, albeit after I paid my last rent.

 

So, because I was up to date on the rent to the day that I left, and he also received 4 weeks' housing benefit run on, he was effectively paid twice for the same month's rent.

 

This has been going on now for a year. I have sent over a dozen calls/letters/emails and received either no response or 'I'll call you back' (never did). Only when receiving the court documents did they actually phone me up and say there was a cheque for the original amount *roll eyes*

 

However, I calculated the interest owed and it's £38. Plus I have already paid £35 in fees. All the stress that this has caused me makes me unwilling to give up (potentially) £73. But then if it goes to court, I could get nothing and have paid even more!

 

So, what would happen if I accept the cheque now but carry on court proceedings for the remaining £73? Is there a way to ammend it to show I've received partial payment of the debt? I have got in writing from them that they have the cheque for the original amount. Would this count in court as admission of guilt evidence?

 

And would a court take into account that they have prolonged this process and never once offered to settle it, even though we have provided them with evidence months ago?

 

Obviously I know I have done this in the wrong order, but now I am panicking I don't have a valid claim. Does anyone have any insight into the likelihood of my claim being awarded?

 

Also, I assume when I pick up the cheque they'll want me to sign to say that upon receipt of this cheque, I'll discontinue court proceedings. What should I do then?

 

I've tried the Property Ombudsman but they are not TRO listed.

 

All your help would be much appreciated! Thank you!

[BRIGADIER2JCS]

Have you asked the council to assist?

[gemnomnom]

Have you asked the council to assist?

 

Hello. Yes I think in the early stages of it I did ask the housing benefit department. They said the couldn't do anything and to take it up with the landlord.

 

I have also spoken to Housing Options who say their Tenancy Relations Officer only deals with current tenancies.

[Conniff]

Have you filed for the full amount, rent/interest/court fees ?

 

If so, then you can tell him you accept that as part payment or it will continue to court.

[gemnomnom]

Yes I have filed for the full amount.

 

If I accept the cheque, will I have to update the amount I'm claiming for with the court to show the part payment has been received?

 

I also imagine I'll have to sign saying I'll discontinue court proceedings. What would be the best approach in that case? I'd rather have the cheque and get the rest in court rather than have the whole sum depending on the outcome of court verdict.

[steampowered]

If you sign when you pick up the cheque to say that you will discontinue proceedings, that will be legally binding. You would have to choose whether you refuse to sign and go ahead with the court case, or whether you accept the cheque and discontinue. Lets hope they don't make you sign anything like this.

[gemnomnom]

If you sign when you pick up the cheque to say that you will discontinue proceedings, that will be legally binding. You would have to choose whether you refuse to sign and go ahead with the court case, or whether you accept the cheque and discontinue. Lets hope they don't make you sign anything like this.

 

We did sign in the end. We emailed them asking for the £35 and then they gave us that. The £38 (which was never our money as such in the first place) was waived. Now when the cheques clear, we will discontinue it.

 

Thanks to all who helped.

[steampowered]

Good news and well done!