Landlord not returning deposit

[Esio Trot]

Just wondering, if he calls me and tries to arrange a 4th time, should I accept to meet him yet again?

 

For what purpose?

 

He either pays you or provides you with written evidence. Don't be sidestepped. Tell him that having broken 3 appointments, you have no confidence that he will attend, and that all communications should now be done in writing only.

[Nightmare4banks]

Hi all!

 

castor,

 

I would just like to add:

 

You MUST show willingness to resolve the matter without court hearing so yes you should try to meet up with this plonker and make sure not to stay in the rain.Meet him in a pub or a cafe and take at least one witness with you.

 

Good luck and keep us posted!

[Esio Trot]

Obviously, there are different opinions, and so I must disagree with the previous poster.

 

Willingness to resolve does not mean having to meet with the landlord. It should be done (and must be now so you have a paper trail) in writing. So:

 

Letter 1: asking for the money or justifiable reasons for withholding.

 

Letter 2: Letter Before Action: shows willingness by giving landlord notice of legal action if not resolved before.

 

CC Action: the previous letters show willingness to resolve, so no need to delay on asking the court to assist.

[Planner]

I agree with Esio Trot, many people have a "poor" grasp of the truth, at least if its on paper you have a record of whats been said.

[Joa]

Whilst recently in court, the usher and then the judge asked me what efforts have both parties made in order to settle. I described, what I thought were reasonable efforts on my part, but the hearing was adjourned because the other party made a promise (liar liar pants on fire!) that they will settle within 7 days.

My opinion has changed since then; any hint that you have acted too rashly and the hearing will go puuffff!

So, to summarise, I agree with N4B, however it pains me to say that (nothing to do with N4B, lol, I just hate hanging around and being taken for a fool)

[Nightmare4banks]

Hi all!

 

I would just like to add:

 

1.Well said,Joa! Thank you.

 

2.What I have mentioned as guidance/suggestions is actually based on my own personal ways of dealing with these sorts of disputes that I have had and "almost reached" court hearings.

 

3.A court hearing is the last resort in resolving any financial dispute.The spirit of the civil justice system is to see to resove matters both amicably and cost effectively.To behave in any other manner would in the end backfire against the mis-behaving party(ies) and this would also be potentially treated harshly and classed as wasting judicial time by the judge in the event of the case having to be heard in court.

 

Please do not say you have not been warned!

[castor]

Hello all, using the template letter a few posts before I sent the Letter Before Action on the 12 of July.

As I expected the 14 days have passed and I had no reply whatsoever from the landlord.

 

What should my next step be?

[demon_x_slash]

You've sent the Letter Before Action - now it's time for the Action! Fill out your claim forms from your local court and send them off, and send a copy of the forms with a covering letter to your LL stating something along the lines of "You failed to respond, this is a copy of the court papers, to reiterate I'm claiming for this blah blah, I'm now also claiming for court costs, see ya there!"

[Nightmare4banks]

Hi all!

 

castor,I would just like to add:

 

Make sure around a month has lapsed before issuing the summons - remember what you have been told regarding doing your best to resolve the matter in an amicable manner with court action as the last resort.

 

Good luck and keep us posted!

[NORTHERNGUY]

Just to add - I too have had simlar problems , left property 6/04/07 - deposit not returned , written to landlords - june , july and issued letter before action 2/07/07 - copied to original letting agent , letting agent made pressure , still nothing , issued county court (via mcol) cost £120 , - only thing u can do , keep all delivery reciepts and copies of letters.

[castor]

So I will always spend at least £120 pounds to get the lawsuit going? Is there any cheaper way?

[NORTHERNGUY]

No other cheaper way , £120.00 cost is based on £1500.00 owed which I think you said , which is the same as mine owed. This is added on to the cost so the landlord would have to pay - go to MCOL online its very useful and has a good helpline.

What I did all along is wrote letters to the landlord telling him what I was doing and send by special delivery , I know this is extra cost but you could add this onto the county court action as long as you keep reciepts , it also proves you are giving him the chance to pay.

Also if he defends your court action , you have all the evidence - I also found copying the agent who was acting for the landlord (if theres one) helps , as they will put pressure on him and don't like to be dragged into anything messy.

Although have'nt said that , my ex landlord ignored the court papers and I have today entered judgement agianst him , and asked for a warrent to send the balliffs in.

Good luck - I can't belive these people can operate like this.

[castor]

That makes me think that he is aware of he costs.

It was a private landlord so there was no agency involved. And from the 1500 he gave us back £1000, which makes me think twice in spending the £120 knowing I might not get them back.

[castor]

Another update, just got the LBA back, the letter is closed so he never picked it up. On the letter it says "We were unable to deliver this item because not called for" so I guess he never went to the post office to collect it.

Is this good? Bad?

[NORTHERNGUY]

Well , what I would do is , just serve him with a county court summons via mcol - is he an individual or company - what address has he given you on the agreement you had? Serve it there , do some reaserch on him see if he is on the electral roll there , I would do asap , is he still letting the property out?

[castor]

What is a "county court summons via mcol"?

 

He is an individual and the adress on the agreement was the same adress as the one I lived in but he divided the house in 3 floors so mine was for Ex 41A and in the agreement was 41C (third floor).

Yes, he was searching for a new tennant when I left so I'm sure he is renting it now.

 

How do I see if he is on a electral roll there? Can I just call the electric company and ask?