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tkp
25-12-2011, 21:28 PM
Hello,

I rented a flat from a landlord and stayed there for 1 1/2 years starting from June 2010. I understand that my deposit was not protected in a scheme.

After vacating the property, I telephone him and messaged him for a month only to have them ignored. Finally, after 4 weeks, he text'd me that he received my messages but couldnt respond in time and asked me for my address for sending the cheque. He was not picking my calls so I text'd him insisting to deposit the money into my account because of the potential postal delay during christmas.. He refused and insisted thro text messages that he can only send by cheque so I gave my address.

After 4 days of wait, the cheque came and he had deducted 260 pounds stating unacceptable reasons like paint and for some general wear and tear etc.. I dont accept any of them. The cheque and letter was backdated as if it was issued 1 month back i.e the next day after I vacated the property.

I thought of depositing his cheque to atleast realise the amount, for the time, but also wanted to send him a letter requesting a refund for my 260 pounds.

Today I realised that the cheque has bounced. The bank asked me to call after two days (because of holidays) to find out why it has bounced.

I have copy of the cheque, his covering letter, rental agreement, all the text messages.

Appreciate if someone could guide me on this.

Many Thanks.

GTEC Property
25-12-2011, 21:57 PM
I had cheques bounced recently-you can lodge them again and the charges go to the person who wrote it..try doing that-but unprofessional but itll make you feel better knowing they get charged each time you lodge it..

How far is the agent from you anyways?

Snorkerz
25-12-2011, 22:57 PM
Sue for the full deposit value at http://www.moneyclaim.gov.uk
You will definately get an award for the amount he wrote a cheque for, it is called "the cheque rule" http://corshamlaw.co.uk/cheque-rule/

Presuming the landlord can't provide that any damage is above fair wear and tear then you should get the £260 ordered too.

tkp
26-12-2011, 00:06 AM
Thanks for the advice. very helpful..

a)should I go to the citizen advice bureau for this (or) do I need to send him a mail, give him a week to respond before suing him ?
b) He is claiming damage for a few things which I am not even aware of.. He is making up stories. There is no inventory taken before and after the tenancy. Could he defend in this circumstance ?
c) the deposit was not protected. can I sue him 3 times ?

Many thanks

Snorkerz
26-12-2011, 00:16 AM
a) Letter before action would be wise
b) He is unlikely to be able to defend the £260, he can not defend the cheque value
c) Sorry, no.

tkp
28-12-2011, 19:55 PM
Hello all,

Letter before action - Is this a normal letter requesting a deposit - wait for 14 days before starting small claims? (or) is this a letter to be sent along with the small claims form ?

It is already 1 1/2 months since I vacated. I have only text messages to prove that I am chasing up with this guy.. Will the court consider them ? I havent sent any mails so far to him to prove that I have tried my best before starting a small claims ?

Moreover, how many days of time can I give in the letter I am sending for him to respond ? 7 or 14 days ? from the dt. of letter or time of receipt of letter ?

Moreover, the bank hasnt not given any reason as to why the deposit cheque has bounced. The comment was that the other bank has refused inward remittance. What does this mean..

Appreciate your help in this regard.

Many thanks.

Snorkerz
28-12-2011, 21:25 PM
1) Letter before action . . . Just a regular letter saying what you want, why, and what will happen if you don't get it (ie court action).

2) Can you print off the text messages? They may not be essential, but useful.

3) 14 would probably be considered perfectly reasonable. As he won't read it until 1 or 2 days after posting it is best to specify a date around 16 days later than posting.

4) If you want to know why (it isn't necessary for the claim) you may be able to ask the bank for a copy of the cheque which may have some clues on it. A copy of the cheque would be useful evidence that the cheque had been issued when refering to 'the cheque rule'.

tkp
28-12-2011, 21:43 PM
I will check with the bank if they can provide a copy. Nevertheless, I had taken a copy of the cheque even before depositing it..

Thanks for your help.. Much appreciated.