Completing Particulars of Claim for non-return of deposit - help!

[Jon12345]

I am an ex-tenant have been corresponding with my landlord - with several letters flying back and forth - about a non-return of deposit. Each time they send me a new letter, they change what they are claiming for. The last letter they sent says they have decided to waive the cost of xyz.

 

When I complete the Particulars of Claim, do I list and describe the items they are claiming (and which I dispute) only in the final letter? Or do I need to include the stuff in earlier letters?

 

My concern is that I make a claim and then they start talking about the earlier stuff too, if that makes sense.

 

Thanks,

 

Jon

[BankFodder]

You jst state your facts very simply

 

If you are doing it on moneyclaim online (best), then something like:-

The claimant seeks the return of £XXX held by his ex-landlord by way of a deposit on a rental property, the tenancy of which terminated on XXXdateXXX and which he has failed to retrun despite repeated requests.

 

And the claimant seeks £XXXX plus interest per s.69 County Court Act 1984

 

That's all you need - if those are indeed the facts.

 

You don't need to include your arguments in a particulars of claim.

 

Then wait for the defence and see what the defendant says as to why he is hanging on to your money.

 

then come back here

[Jon12345]

In our conversations, they have already detailed why they are hanging on to my money and offered £500. I thought the Particulars of Claim was for the detail and evidence you have for your case. Am I wrong?? Do I not state in writing why I dispute what my landlord is saying?

 

This is what I did so far:

 

The defendant has not repaid the deposit due (£800) and the claimant disputes some of the defendants deposit deductions.

 

Landlords deductions claimed but disputed

1. New lock for the rear gate and door skimming costing £130.

In attempting to remove a large sofa from the premises, we needed the yard door open. On turning the key, it snapped in two, leaving it stuck in the lock. Due to the lack of upkeep on the property, the door appears to have fallen into disrepair. Also, the part of the £130 fee is for skimming the door to get it to close. This had to be done before and is part of the Landlords responsibility.

 

2. Contribution to replacement dishwasher of £150.

When I left the property, the dishwasher was working fine. Also, there was no mention of a faulty dishwasher in their initial letter to me sent 6 weeks after I left the premises. The landlord only notified me of this faulty dishwasher approximately 3 months later. The landlord is supposed to make a prompt assessment of deductible charges and so I dispute their right to make this claim several months after I left.

[BankFodder]

No you don't plead evidence in a POC. You plead the bare facts.

 

I think that as you admit that there has been some damage, send him a statement of the amount you do admit and then claim for the rest if he won't pay you. However, you are obliged to mitigate your losses so you should accept the money which he is offereing you and then sue for the balance.

As he is the business, he will have to travel to your local County Court.

 

On the basis of what you have said, I owuld word the POC:-

 

The claimant seeks the return of £XXX being the balance outstanding held by his ex-landlord by way of a deposit on a rental property, the tenancy of which terminated on XXXdateXXX and which he has failed to retrun despite repeated requests.

 

And the claimant seeks £XXXX plus interest per s.69 county court Act 1984

[Jon12345]

So if I accept that say £150 should be taken from my deposit, I just state "seeks the return of £150", right?

 

While there has been damage, I am claiming that it was caused by lack of maintenance by the landlord and so therefore I should not be liable for the entire repair. Unless I say I go halves or something?

 

When does the arguments stage come in? Is the Particulars of Claim just brief information? My landlord made 3 pages of bulled claims in earlier letters and has pruned this back over time, but always saying without prejudice. Are you saying I only put in my response to the latest letters and ignore the earlier claims?

[BankFodder]

Prune the amount outstanding to the bear minimum by accepting what is on offer, offering what you believe you can successfuly argue that the damage is worth and then sue for what is left.

 

Just express the claim as I have set out above and then wait until you see what he says in his defence. then you know what are the points you have to answer.

 

You and your ex-l are making it over-complicated.

 

I hope that you can see the wisdom of getting the value of the claim down to the minimum.

 

Sure you can see that there is no point now in disclsoing all of your arguments - and anyway that is not what a POC is for.

 

Arguments are dislcosed at trial. Evidence to be relied upon is disclosed in the pre-trial bundle.

Why don't you buy the County Court guide. Money well-spent.

[Jon12345]

I do have that guide already. Its too late for me to accept their offer because I already rejected it saying I will go to court.

 

I can see that I am arguing my case in my example above, while the Particular of Claims talks about giving concise facts. I was thinking that if I didn't give all the detail, I could not use those bits of information in court. But by the sound of things, you can bring evidence into court that isn't stated in the Particular of Claims, is that right?

[BankFodder]

Yes. That's right. The evidence is adduced in court to support the factual points you make in your POC.

 

Rejecting money which has been offered to you is not a good thing to do. It won't be appreciated by the judge.

You shoul accept the money and make it clear that you reserve the right to claim for the rest.

 

Then if the LL refuses to make at least the partpayment, it is he who is wasting time and not mitigatng his loss.