MCOL - taking LandLord throug small claims for Deposit not refunded

[flyveryhigh-]

Hello all.

 

I submitted a claim using MCOL a few weeks ago for a Deposit I gave to a Landlord (LL) when I lodged with them for 6 months, a total of £600.

 

I am claiming that amount, including interest and court fees totalling just over £700.

 

I took all reasonable steps to get the deposit back but the LL started blanking me and made promises to pay but never did.

 

I started the MCOL process and they submitted an acknowledgment of service, stating they are going to defend the entire claim.

 

Fair enough, thats their right.

However herein the problem lies.

 

I had been using the LLs current address to send all my formal letters and put it into MCOL with served the particulars of claim to them at that address (thus enabling them to submit an acknowledgement of service).

 

However in their acknowledgement of service they put changed their address to their old address where they no longer live and havent done so for a year.

 

This now means further documentation from the court will go to their old address

- and my best guess is that when it comes to it they will try and get the claim set aside because they haven't received further court correspondence (because they've intentionally put an old/false address).

 

Does anyone have any advice on how to deal with this?

 

Thank you!

Edited January 31, 2018 by flyveryhigh-

[dx100uk]

well that's their problem!

they've ack'd the claim

they cant dispute they never knew it was proceeding then.

 

If they wanna play silly buggers let them

makes it easier for you to get a default judgement.

[flyveryhigh-]

Thanks very much for your quick response! Thank you; you've put my mind at rest!

[dx100uk]

as its over £600 you should also be able to put HCEO bailiffs onto him for a small fee too!!

[flyveryhigh-]

Hi all,

 

Firstly, I hope I have posted in the correct place.

 

Any help on this would be very much appreciated. So I rented a room in the landlords home as a lodger and paid a sum of £600 as a deposit. On leaving the house the landlord stopped returning my calls, answering my texts etc in regards getting the deposit back. For about every 10 messages I got like 1 response saying "I'll call you later" etc, but never called.

 

This has been ongoing for about a year now, and during the course of the year the landlord admitted they owed me the money and sometimes offered to pay but never did. I sent letters before action and formal requests for the return of the deposit in the post. Still nothing.

 

In November the landlord asked me if we could do a payment plan of £100 a month which I agreed to. The landlord missed the first installment date so I initiated a claim using MCOL in the small claims court. They messaged me asking why I had done this as we had an agreement and I stated they had missed the payment date so was now using MCOL to recover the money (I am claiming £600 for the deposit, £60 court fees and about £40 for interest).

 

I sent a letter and email to the landlord stating that should they wish for me to withdraw the claim I would accept £660 (deposit+court fees) - but they didn't respond. They then submitted an acknowledgement of service and stated they were going to defend all of the claim.

 

They have until Saturday (10/2/18) to file a defense however they haven't yet done so. On Thursday (08/02/18) they sent me an email in response to mine I sent them in which I stated i'd accept £660 and withdraw the claim. They put at the top of the email "Without Prejudice" and then wrote how they will offer me £600 in total, with £200 payable on 28th Feb and £400 on 30th March. They have fully admitted in the email again that they owe me the money. I have a few concerns:

 

1. I will only accept £660 minimum outside of court - and seeing that the email says "Without Prejudice" if I accepted then I could only claim a max of £600;

2. The "Without Prejudice" means that this isn't admissable in court meaning that if they don't keep to the agreement I wouldn't have any come back, correct?;

3. If I agree and they initially pay the £200 but not the remaining £400 I could only claim for this amount in future, meaning that I could not longer use HCEO to pursue the amount owed if they don't pay.

 

I want to reply to the Landlord stating I do not wish to accept their payment plan offer. If i put in the reply I would accept £660 to withdraw the claim as per my previous email and letter, then if this proceeded to court would this mean the maximum I could claim would be £660 as I stated this in response to their "without prejudice" offer.

 

I don't want to accept their offer because I will be out of pocket on the court fees and I genuinely don't think they'll stick to it as they have bailed out on informal agreements before and never paid.

 

How do you think I should respond to this?

 

Any help would be greatly appreciated! Thank you!!

Edited February 9, 2018 by flyveryhigh-
Correct place?

[renegadeimp]

So they didn't put the deposit in a deposit protection scheme? You realise you could claim much more through court?

[flyveryhigh-]

I think because I was classed as a lodger the rules are different, meaning they aren't required to put the deposit in a DPS

[king12345]

Stick to your guns.

For £60 they will bulge.

Nobody wants a ccj and bailiffs at the door for the sake of £60.

They messed you about for over a year, now it's time to cash in the money you are owed.

 

Maybe be worth sending them all communication in which the admit the debt and tell them you will use it in evidence.

 

That could make them realise that time is up and they need to open the wallet.

[AndyOrch]

Thread moved to Residential and Commercial lettings/Freehold issues Forum...please continue to post here to your thread.

 

Regards

 

Andy

[dx100uk]

please keep to one thread

threads merged

[Old Cogger]

well my daughters old land lord regrets being taken to court as cost him/his wife (big mouth I wear the trousers here) 3 times the amount originally claimed, even then the Judge told them they are lucky it was not for more against them,

 

as I see it most of these rogue landlords expect people to not follow up with court action?

[ericsbrother]

by changing the service address they are propbaly trying to dodge collection activity at their current addy when they decide not to pay up.

 

Wont matter as the total will be enough to get the matter sent up to the hight court for enforcement should the LL not pay.

 

If you get a default judgement it would be worth letting the LL know that you have the powers at your disposal and the bill will at least double for the bailiff costs.

 

I suspect that at the moment they are in denial due to a fit of pique over this.

[Steve__M]

2. The "Without Prejudice" means that this isn't admissable in court meaning that if they don't keep to the agreement I wouldn't have any come back, correct?;

 

This letter relates to your current disagreement. If you come to an agreement, then they break the agreement, that is a new disagreement and you could produce this letter.

 

3. If I agree and they initially pay the £200 but not the remaining £400 I could only claim for this amount in future, meaning that I could not longer use HCEO to pursue the amount owed if they don't pay.

 

As far as I'm aware they could always decide to pay you £200 even without an agreement to pay the full amount.

 

One option is to accept the agreement if they agree that you can add on the £60 court costs and interest if they renege.

 

It's not pleasant to be out of pocket, but it's also a lot of work to prepare for court, and you are at risk of losing the lot if they work hard to never pay you, including lying in court.