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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Here is the story:

 

I left the house I was living in on the 23th.

 

I gave the usual one month notice, and asked him several times on the previous weeks to check the flat and see if it was all ok and all bills payed etc. He said he would check it, told me what should be fixed and I fixed everything.

I also asked him to check if all the bills were on time and he said he would so we could have the deposito on the day we gave him the keys.

 

We met on the 23th as we had both agreed for him to give me the deposit back (£1500) and I would return him the keys.

We met at the flat and he immediately started shouting and being amazingly rude. He told us he wanted the keys and he would give us the deposit on a later date after checking the apartment and the bills.

 

We told him we had discussed that previously and we had agreed to do the exchange on the 23. We also told him we fixed everything in the house as requested.

After arguing a lot and he threatned to throw us out and even trying to start a fight he finally gave us £1000 (still missing £500) and demanded us to give him the keys back.

 

We told him we wanted a date for the rest of the deposit return and he said he had to check the bills etc and would tell us later. (during our stay in the flat we barely manage to speak with him on the phone and we knew we would never be able to talk to him again).

He said he would meet us on the 25 and return the deposit or deduct what was missing from the bills and give the rest.

 

He never showed up and we have tried to call him since then with no reply at all. What should we do?

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What happens if he trashed the flat and says we did it?

 

What if he claims that he gave all the deposit back? (not only the £1000)

 

We also went to the police immediately after that and they said it was a civil issue so there was nothing they could do.

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Hi all!

 

castor,

 

I have 3 questions for you:

 

1.You say in your post "us" and "we".How many people attended this meeting with the landlord when he handed over the £1000?

 

2.Did you sign any paperwork to confirm receipt of the £1000 from the landlord?Please clarify.

 

3.Did you return the keys to the landlord?

 

The answers to these questions should hopefully enable me to assist you further.

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1. I was living with my girlfriend. We broke up so we both had to find a new place. The final month I lived alone in the house.

We both attended the meeting with the landlord.

 

2. There was no paperwork to confirm the money, he just took a huge stack of £50, counted them and handed £1000 to us.

 

3.Yes, we had to return both set of keys.He also had a new lock with him that he kept waving saying even if we didnt return them he would change the lock immediately after we left.

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Quick update!!!

 

He just call me for us to meet this friday, he says he will give the rest of the money but that the house wasnt cleaned (it was as good as we had it when we moved in) and the cleaning will cost £180!

 

We left the house perfectly cleaned. How can we discuss this issue?

Also £180 for cleaning seems a lot. I also think he will try to charge more money for something else.

Any suggestions? Any thing I should prepare or do so he doesnt try to take even more money?

 

He also insisted he wanted a forward adress from me and started shouting on the phone when I asked the reason why. Should I give one to him?

Advice would be very good. Thanks

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castor,after reading your last post and in my view:

 

1.As long as your ex-girlfriend is prepared to go to court if needed the receipt or your concerns about him trashing the flat should not be a

"big deal" as you would be each other's witness.

 

2.Pay the bills if you have not already done so and give the ex-landlord another say 2 weeks without contacting him.If he does not contact you issue a pre-action letter and then if no joy by then SUE!It is as simple as that!

 

We will help you all the way here!

 

 

By the way,did you have any previous problems with this ex-landlord?

 

He seems to be a bit of nutter!

 

Anyway,I hope you find this information useful.

 

If you have any questions,just ask.

 

keep us posted.

 

All the best!

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castor in reply to your last post:

 

1.Be casual and polite.Ask the landlord to kindly put the breakdown of the costs in writing in order for you to understand how he reached the figure of £180.

 

2.DO NOT give your new home address.I would suggest that you rent out a mailing address for a couple of quid per month.You can find mailing addresses under accommodation address in the Yellow Pages.

 

 

Anyway,I hope you find this information useful.

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Thanks for the quick reply.

 

Yes, he was by far the worstl landlord I ever had. We were living on a ground floor flat (the whole 3 floor house belonged to him) and he decided to do some rework on the 2nd floor.

 

While doing it he threw all the garbage, broken glas from windowss, cables, cigar bums and even bricks from the repairs into our garden/patio. When we confroted him about the issue he said that was normal and that is the way things are, always saying it was his house and he could do it the way he wanted to.

He also entered the house several times (without our consent) to get tools or materials that felt into the garden.

 

All the bills for the house are payed and I have the receipts.

 

So what should I say to him when he presents me a bill or something from the house cleaning people when we meet this Friday?

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castor,in reply to your last post:

 

1.Good question!The bill seems excessive plus the fact you say that you handed over a clean flat.

 

2.Personally,I would see to get as much money back of the deposit without having to go through the legal channels.

 

3.If he gives you back £320(£500 he owes you less than £180) - I would take it and run.Then sue him for the balance!It would be up to judge to decide if the £180 was excessive or not.

 

4.You could possibly sue him for any disruption he had caused you but that would depend on the severity and how long you suffered.

 

 

5.Make sure to take with you a witness(your ex-girlfriend would be the best person here) and meet him in a public place i.e. pub.

 

I hope you find this information/suggestions useful.

 

ONE FINAL QUESTION...

 

By the way,did you take photos of the flat prior to departure or not?

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Hello Nightmare, your advice is sound.Castor,DO NO BE INTIMIDATED,I know you don't like the stress,no-one does, that is EXACTLY how these people manage to screw more money from us.

Accept the money he gives you, get a receipt, have a witness to co-sign the receipt, and after you pocketed the money, tell him you are going to file a small claim against him..ON NO ACCOUNT give him your new address.

Kind regards....

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Hi, what a surprise, the landlord didnt show up, AGAIN!

He tried to schedule for today (Monday) but we dont know what to do, its the third time now and for sure he will do this again, just schedule and then not show up. And the worst thing is that he doesnt even give reason.

 

Should I keep trying to meet him?

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Give him a third chance and as and when he doesn't show sue his bottom.

A LBA threat maybe all he needs to recant and pay up.

Be VERY careful whose advice you listen too

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Give him a third chance and as and when he doesn't show sue his bottom.

A LBA threat maybe all he needs to recant and pay up.

 

Don't bother scheduling a meeting. Just work on documentary facts.

 

Did you sign a condition and inventory report before moving in? If not the landlord is stuffed. Just do a final demand, then letter before action, then a cc claim. Before embarking on this action though, you must do a land registry search to check that he is the owner.

On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Read anything I write with the above in mind.

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Ok, stupidly I gave the landlord another chance and...he didnt show up, half an hour in the rain waiting for the bastard. Once again tried to call him and he didint answer the phone.

 

I want to sue the f***ing idiot the best I can.

He only gave me £1000 from the 1500 but there is no proof whatsoever, I'm so ****ed off I feel I want to demand for the whole amount, is that viable?

 

Anyway, what is the first step now to start the process? I read a few other posts and people wrote registered letter is that the way to start?

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There was no inventory whatsoever, the contract only spoke about him checking the house to see if everything was ok but it never stated how the house was and is now.

 

I also went to that registry search website but it seems to ask from £3 per record? Is it worth paying for it?

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No inventory - no deductions. Yes, you can sue for the rest owing to you, the full £500, if he has no inventory. Be prepared to lose part of this in court if you get a funny judge (some will deduct part for cleaning even though there is no inventory) but the LL cannot justify £500 for cleaning.

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Issue him with a written request for the return of the rest, citing the number of times he's broken the arrangement to meet you and pay, and give him 14 days to come up with the money otherwise you'll start court proceedings to recover it. This is an LBA, a letter before action, and the first step in the Small Claims process. It would help you to read the onsite bank reclaiming FAQs - while the particulars relate to bank charges, the general details of the court process are pretty much the same.

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I tried using some letters I saw on some other posts, any good?

 

To

 

The claimant entered into an assured shorthold tenancy with the defendant on 22/09/2006 and paid £1500 deposit to reside at

 

The defendant never provided the claimant with an inventory and condition report. The property was vacated on 23/06/2007 without breach of any of the conditions of the tenancy.

 

The defendant has failed to repay the claimants £500 from the deposit of £1500.

The claimant has requested reasons and details for the just retention of any part of the deposit but the defendant has failed to disclose this information.

The claimant claims that the £500 are being withheld unfairly.

 

If you do not reply with a satisfactory response within seven (should I put 14 then?) days I shall have no alternative but to issue proceedings against you in the County Court.

If I am forced to take my claim to the small claims court, I will also be claiming the fees incurred by myself.

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I tried using some letters I saw on some other posts, any good?

 

Good, yeah - I've tweaked it a bit, hope you don't mind. Send it Special Delivery (signed for) to get proof of receipt.

 

To

 

Letter Before Action

 

I entered into an assured shorthold tenancy with you on 22/09/2006 and paid £1500 deposit to reside at

 

You have provided me with neither an entry/exit inventory nor a condition report. The property was vacated on 23/06/2007, without breach of any of the conditions of the tenancy, in a condition found verbally acceptable by you on XX/XX/XX.

 

You have so far failed to repay £500 from the deposit of £1500. I have requested verifiable justification for the retention of any part of the deposit but you have repeatedly failed to disclose this information. You have broken several mutually arranged appointments to meet and discuss this matter. I therefore contend that the £500 is being withheld unfairly and unlawfully.

 

Please take notice that if you do not reply with a satisfactory response within fourteen days of receipt of this Letter Before Action, I shall have no alternative but to issue proceedings against you in the County Court for the remainder of the deposit. If I am forced to take my claim to court, I will also be claiming the fees incurred by myself in persuing this matter.

 

Sincerely

 

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Click the scales if I've been useful! :)

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Thanks! Already printed and should send it tomorrow.

 

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

I also wanted to avoid giving him a forward adress, is there a solution for that other than renting a temporary one?

 

Also my ex-girlfriend said she was fed up with the problem and doesnt want to get in the issue anymore which means I just lost my "witness" for his actions, will this affect the outcome a lot?

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Do you have a family member that could take in mail for you? The only other option AFAIK is to rent a PO Box for a few months.

 

If you meet him after you've sent the LBA, make sure that you have a friend or two with you; you can meet him as much as you like to try and get it sorted before court, it shows that you've been trying to resolve this without court action, which always looks good.

 

Witness-wise, it would have strengthened your case if she had agreed to help, but many people on here have reclaimed their deposits as single tenants with just as much or as little evidence as you. I'd suggest you read through a few 'retained deposit' threads in this particular section and get a feel for what to expect.

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