not getting £425 deposit back :(

[knoxvillain]

yeah, I'm watching your thread with great interest less2303, all the best with your court appearance. I look forward to hearing about it when you come back

[knoxvillain]

just moved house so have written to both the court and the defendant informing them of my new address.

[knoxvillain]

spoke to the Sheriff Court today and apparently they have received an "intention to appear" from my ex-landbaron. eeek. Off to court a week on Thu we go.

[buzby]

Well, as you raised the action, the ball is in your court. Just be factual and don't ramble or become flustered. State the facts, and take any supporting documentation.

[knoxvillain]

Although i already have several quotes for a replacement side panel for the kitchen unit (the one he's trying to charge me £800 to replace the full thing), I decided today to go and pay a visit to the company that my ex-landlord uses as his supplier and who also supplied the £800 quote. I asked them to quote me for JUST a replacement side panel which apparently they can cut to size in their factory. They have quoted £17.00 + VAT!!! I've asked them to send me a written quote but will chase them early next week if I haven't received it. Going to see the old letting agents at 3pm to get a copy of the entry report and my lease agreement. Going to ask them a few questions as well.

[knoxvillain]

went to see letting agent, she seemed quite happy that I was taking the landlord to court, she doesn't seem to like him very much. I got the entry report from them. I've never seen it before nor was I ever given a copy of it. It basically says everything is new. The interesting points are 1. it's obviously not signed by me since I've never seen it before and 2. it was conducted on 10th AUGUST 2005. I didn't enter the property until 4th NOVEMBER 2005.

[Joa]

well, that inventory carries the same value as an used piece of Andrex finest

[knoxvillain]

well I'll enjoy wiping it in his face in front of a judge

 

I sent across a copy of the letters that have gone back and forward between me and the ex-landbaron and got an e-mail back from her last night asking me to call her on Friday because she "has someone who wants to talk to me about my case". I've e-mailed her back and asked her who it is. I figure there is two possibilities, either my landbaron because they've phoned him and said get a grip you're being unreasonable or secondly she did mention her company director being interested in it, maybe they have some help they can offer. Should be interesting either way.

[knoxvillain]

going back to see the Letting Agent tomorrow as apparently the person that wants to talk to me is "a girl from work who know’s a bit about the law". i'll take all the help I can get

[Cpt Black]

go for it mate, stick it to him!

[389shell]

Ooooooh, good luck knoxvillain

[knoxvillain]

Assuming judgement goes in my favour, do you think I would be able to claim mileage as an expense for trips I've made getting quotations and going to the letting agent etc? I believe the Gov recommendation is 40p per mile?

[blacksheep1979]

Assuming judgement goes in my favour, do you think I would be able to claim mileage as an expense for trips I've made getting quotations and going to the letting agent etc? I believe the Gov recommendation is 40p per mile?

 

I think you would have had to put that in your claim - but no harm in asking the judge, last time we were in court one of the guys with us was a surgeon and the judge said (although may have been scare tactic) that he was tempted to award the costs of the surgeons time as well at £stupid. So does depend on who you get.

[knoxvillain]

Well I did put "and the costs of bringing this action" in my summons, wouldn't this cover it? I would love to get cost for the time I've spent researching stuff to be prepared to go to court but I know it's unlikely.

 

I've just got back from the letting agent again, turns out it was the company director who just wanted to give me some advice about going to the court cause they've been to it 5 times with both landlords and tenants. She had a look through all my documentation and she recons that as long as I turn up in a suit and I present my case correctly then I should "walk it". Apparently one of the Sheriff's is actually a landlord and knows all his stuff about it so hopefully I'll get him.

 

She advised that when the court sends us away to negotiate that I explain to the judge that I think the difference in amounts is too large to negotiate and ask for it to be settled by the court.

[Cpt Black]

you would have to submit it with the other documents and photos. Do onw like the schedule of charges for the bank claims

[knoxvillain]

already got a spreadsheet detailing all my expenses relating to this case

[blacksheep1979]

good luck with it - you fancy taking a photo of the landlord afterwards and posting on here

[knoxvillain]

Thanks

 

I'm really tempted to send leaflets round each one of his properties saying if his tenants ever have trouble getting their deposits back then they should visit this site.

[knoxvillain]

finally got a written quote from ex-landbaron's kitchen suppliers for end support panel for £17.00 + VAT. That'll make my case stronger

[Bookworm]

Not long now, everything crossed for you. ;-)

[knoxvillain]

the landbaron has got solicitors :s About 30 minutes before my hearing, I was greeted by one of his solicitors and handed details of his counterclaim for £662.33. I went into the hearing and the Sheriff looked at his counter claim, said his photos were worthless because of the poor quality photocopies. He then allocated a full evidentiary hearing on 24/4/07 and STRONGLY advised me to sort it with my landbaron's solicitors before then. (I've been trying to for months!) And that was it. All I got to say was "yes mylord" and "thank you mylord" and that was it. *sigh*

[Joa]

We are very often so deeply involved in our problems, so convinced about our rights that we find it shocking that others may have a different point of view or need more evidence. It is natural and all experienced advisers are taught to "manage clients expectations" to prevent dissapointments. What happened to you is a normal occurence; the sheriff needs to be convinced and he wasn't- by the l/lord's solicitors- not by you. Post Wolf's reforms also put a duty on judiciary to hard-sell alternative dispute resolutions, so I am not surprised by sheriff's words. Additionally, you have had you trial run; next time you will feel more comfortable. So, chin up, it's all good. It's bloody slow though, isn't it:rolleyes:

[knoxvillain]

Dear Mr. Purdie,

 

Small Claims: knoxvillain vs. xxxxxx Property Developments Ltd

xxxxxxx Sheriff Court Reference: xxxxxxxx

 

Following the preliminary hearing at xxxxxx Sheriff Court this morning, the Sheriff advised that we should attempt to resolve this matter our of court before the evidentiary hearing date next month. As I have said in numerous letters to your client, I am keen to resolve this matter without the use of the courts. I only resorted to court action as a last resort as your client didn’t seem the slightest bit interested in discussing the situation with me.

 

With the exception of the shower seal, none of the damage detailed on Letting Solution’s exit report is disputed. I have never denied the damage exists or that I am liable for the cost of repairing it. I am more than happy to compensate xxxxxx Property Developments Ltd for the regrettable damage but I will only pay reasonable costs. Some of the costs provided by Mr. Louis xxxxxx on behalf of xxxxxx Property Developments Ltd are unreasonable.

 

I will set out below my position on each of the items.

 

Kitchen Unit - £798.58

 

I am unable to accept this charge for a number of reasons.

• The item damaged was the End Support Panel of a cupboard not a set of drawers. The quotation provided by you client is for a “three drawer pack”. There were no drawers in the item damaged.
  
• The End Support Panel was the only part of the kitchen unit that had any damage. I have enclosed a copy of the photo, provided by your client, of the damage in question. I presented this photo to Smith & Frater Ltd and asked them to quote me for the part required to repair it. I have enclosed a copy of the quote. As you can see the unit could be easily repaired for £17+VAT plus labour.
  
• I have requested, from your client, justification for replacing the whole unit. I have yet to receive a response. I do not believe replacement of the whole unit was in anyway necessary.

I have enclosed a copy of The Association of Residential Letting Agents’ “Summary of the principles of dealing with DEPOSITS, DISPUTES & DAMAGES” which I think is a good measure on how to deal fairly with such matters. I refer to page 2 where it deals with “Fair Wear and Tear” and “Avoiding Betterment & Consider Apportionment”. Your client has made no attempt to take any of these into consideration.

 

I am happy to pay to repair the End Support Panel but I do not think it is reasonable for your client to expect the full unit to be replaced at my expense for such a minor amount of damage. I certainly would not be paying to replace a kitchen unit with a different item under any circumstances.

 

£19.98 for the replacement End Support Panel plus 2 hours labour at £9.25 per hour. Totalling £38.48

 

Shower Seal - £20

 

As previously mentioned in letters to your client, I do not recollect any damage to this item nor did Letting Solutions indicate any damage to this item in their exit report. This was added at a later date by your client. At the most, this item was subject to fair wear and tear. I will consider paying for this item if your client is able to provide evidence of the damage, and if so provide evidence that it goes beyond fair wear and tear.

 

Exit Report - £58.75

 

Your client claims that this is the first time he has ever had to have an exit report done in the 20 years as a landlord. I have had several meetings with Letting Solutions who confirmed to me that xxxxxx Property Developments Ltd have indeed had other exit reports done by Letting Solutions. I have rented several properties over the past couple of years; each one completed both an inventory upon entry and an exit report upon departure as a standard part of the process of dealing with tenants. Also, I am not aware of any requirement under my lease agreement for me to pay for an exit report to be completed. I believe this is a reasonable expense that a landlord should expect to incur with each and ever tenant he deals with. As such I don’t believe I should be expected to pay for this when other tenants are not.

 

Carpet Cleaning - £80

 

I agree it is reasonable for the landlord to have the livingroom carpet professionally cleaned after giving me permission to keep a dog in the flat. I don’t agree that the bedroom carpet required the same level of professional cleaning since the dogs were never ever allowed in the bedroom. I am, however, willing to accept this charge as a show of goodwill and to go some way to hopefully making this situation easier to resolve outside of court.

 

General Cleaning -£80

 

I agree that this was required and agree to this being deducted from my deposit.

 

 

 

Painting/Repairs - £60

 

I agree that this was required and agree to this being deducted from my deposit.

 

Summary

 

Item

Requested by defender

Offered by Claimant

Kitchen Unit Repair

£798.58

£38.48

Shower Seal

£20

£0

Exit Report

£58.75

£0

Carpet Cleaning

£80

£80

General Cleaning

£80

£80

Painting/Repairs

£60

£60

Total Deductions

£1097.33

£258.48

Minus £435 deposit

£662.33

-£176.52

 

 

I require the defender to reimburse me the £39 court fee as I feel it could have been avoided had he been willing to enter into meaningful discussions with me before I entered the Small Claims Action.

 

I will accept payment of £215.52 as full and final settlement. I have compromised on a number of items in an effort to reach an agreement out of court. Unfortunately, the main item of dispute and cost, the kitchen unit, is not something I feel I can compromise on.

 

I look forward to your response.

 

Yours Faithfully,

 

 

 

knoxvillain

 

Enc: Photo of damage to kitchen unit

Quotation from Smith & Frater Ltd

ARLA Document

 

The real bummer is the next hearing is 24/4/07 which is 2 days after I come home from my honeymoon :s

[Joa]

This is an excellent letter- well done you!

The next hearing may not happen and if it does, you will go there are tanned, refreshed and relaxed.....right?

[knoxvillain]

true but my fiancee is worried it's going to get in the way of our wedding which it won't. it's important to me but not more important than the wedding.

 

Although it's frustrating to have to wait more (I spent 4 hours last night preparing for the hearing today and didn't get the opportunity to present any of it) it will be better because i've seen the court now and it's not so scarey so I'll be more confident second time round. It's funny, when standing in front of the judge, I felt something I haven't felt in years, the same way you feel when you are standing in front of your head teacher at school lol. He does look a bit like Gandalf though