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Has anyone ever gone through the small claims court(landlady not retuning bond)

(34 Posts)
bikergran Thu 15-Sep-11 18:29:55

Will try make it short....daughter has moved house (thats another story for a rainy day)!
initialy she paid months rent /bond £525 it has now been 18 days...(according to contract the bond is supposed to be back with in 14 days) also!! it is supposed!!! to be held in a "secure bond scheme" not sure if any of you have herd that..but basicly when you pay bond it goes to a thrid party who looks after it...and so long as no damage etc to property then you get it back...anyway we are almost certain daughters bond is NOT in secure scheme which is illigal and if taken to court landlady then has to pay costs and 3 times the bond.....we have asked for the certificate or at least a copy 3 tiems no but nothing..landlady says daughter will get bond back when she has inspected th house..!! this has been promised since 28th August....daughter lives here in lancashire landlady lives in Scotland and we know she has money problems ....as debt letters concerning non payment of mortgage were coming to house....soooooooo has anyone taken any one to small claims...it looks like we are going to go down that route....and it could cost as much as £500 to do that......?? any help anyone.......it is very distressing as daughter cannot move on...with the bond money...and the upset it is causing me and hubby...he is that distressed that earlier today after I made no further progress with the letting agent was ....and these were his exact word!!! " if I had the courage to commit suicide then I would"!! as you can imagine this is very distressing ....as he is quite down most of the tiem these days.....but that si yet another story he soon gets depressed etc.....so i am trying to find the best solution..I have a rung a free helpline but as daughter works it is going to cost her/us money I can go CAB in the morning but to be honest they just rhyme off whats on the net which I already know....so small claims anyone???

em Sun 18-Sep-11 21:19:38

I do understand your dilemma as my DD got herself into real financial bother a few years back. Although she was entitled to Housing Benefit, she messed things up (severely depressed at the time). Landlord had not received the rent from Housing Benefit Dept and wrote to me as guarantor demanding back rent plus threatening court action and or eviction. Long story short - rather than risk losing good credit rating I paid up and it cost me £ several thousand. Just couldn't see an alternative at the time. You seeem to be far more 'on the ball' than we were so good luck.

bikergran Sun 18-Sep-11 22:26:23

Hi em I think we would all do the same in your shoes if we could and eys I too have and still help daughter who has also in the past got into debt..and to be honest i think the companies/store cards/credit cards/etc etc are as much to blame as they entice people and don't give a hoot or consider if they are able to pay back...we can all juggle figures about to make it look good that ohh yes we can afford the monthly payments , until1 an emergency crops up or some one loses their job, or a split in the family relationship...whos doesnt want a little bit of a teat when its handed to hem on a plate..!

I hope your daughter is now in a better position and keeps here head above water..(not sure if my daughter at 28 will ever learn)!! hmm
some are great mamagers and others ! well!! to them finances are just "mixed up numbers" lol.
as for being on the ball..I think its just when you come across a problem, you try your best to resolve it as easily and as less stresfull as you can, I am not an educated person, far from it, but hate being and others taken for a ride...

just an example we have at the mo...!! my husband bless himm has a model train layout....I buy him odd things from ebay and sell on things he doesnt need any more....2 weeks ago we bought a model train "ROYAL SCOT" IN MAROON to be precise....!! the seller decribed it as ..when on the track it made the hissing & chugging sound that the steam trains make...(ohh grandson will love that he thought) well yes the trian come...and he unwrapped it all excited (hubby I mean not grandson) took it upstairs... put it on the track... it zoomed along nicely..but!!!!! the hissing sound and chugging sound were not to be heard...!! to cut long story short the seller had told lies...he reckoned you put a battery in the back of the trian etc etc ...I sent him photos that no way did any battery go in the back.....so I AM "DISCUSSION" with him also!! demanding a part refund and postage huh!! he is very long in answering my emails....apparently he is a paramedic! and been very busy! well yes I thought and forgive the pun ! but I do not like being taken for a ride! either
so..."onward christain soldiers" lol....
on the other side of the coin..I do not liek confrontations..i will do anything for a quiet life, most people thimk I am soft and let things go....but this last year or so I seme to have become more..ermm. lets say,,determined (maybe my age I dont know) (55).lol..smile

lola Mon 19-Sep-11 07:51:52

I'd certainly support going to your CAB. I'm a little rusty on the procedure, but used to work for them. They have masses of information on any subject you can think of and will offer support if you get stuck. Occasionally they have people who do duties at the local court and can go along with you, but even if not its always nice to have a bit of FREE advice. Often better than you might get if you paid. Depending on the area you live in it can sometimes be difficult to get an appointment with your local CAB, especially with all the cuts going on so I'd advise going to see them now even if you don't need to go through with the procedure, just as a back-up.

lola Mon 19-Sep-11 08:01:49

I've just re-read your post (properly this time) and see that you don't have a lot of faith in your local CAB. Do you have previous experience with them? Maybe if you don't think they are that good there may be another branch which you can go to. Obviously they will only be able to give you advice within the bounds of what is actually possible and sometimes that is not welcome news, but I would still hope that they might support you in what you decide to do and strongly advise that in the case of the Small Claims Court you do not need to pay for advice or representation as the whole idea is that people could complete the procedure themselves without great expense. If you do get a judgement of course you still have the problem of extracting the money from the person concerned. Persistence often pays off. I wish you all luck and hope things improve for your family. As a first step the claimant should start writing letters to the landlady/agent and send them by recorded delivery keeping hard copies so that you are partway along the path.

bikergran Mon 19-Sep-11 10:34:39

Hi lola...thanks for advice..... in a past experience (daughters debt etc)....afetr going to the CAB...things seem to go worse as the first thing they said is "stop! paying the amounts to the creditors" offer £1 a month....etc.......they were supposed to write to the creditors but to eb hinest we never heard another thing form anyone..only the demand letters..in the end daughter psoke to CCS they sent a pack with templates in etc and we took it from there and sorted it out ourselves.....but I will pop down to our local CAB this morning.....I would still use them and encourage people to use them...in fact at soem time I wouldnt mind working for them! smile I just need some one to tell me either bide your time 9its another week gone bu since the landlady said she would have the deposite back with a fortnight) so we will pron wait another week but in the meantime I will seek further help.....ohhhhhhhh for a quiet life!! confused smile

Annobel Mon 19-Sep-11 10:44:50

biker, I am ashamed to learn of your previous experience with the CAB. I know that no adviser in our Bureau would get away with such sloppy and uncaring service. I do hope you get a more sensitive and efficient response this time. And I'm sure you'd do a great job as a volunteer.smile

bikergran Mon 19-Sep-11 13:47:44

lol oh thanks Annobel...im sure it may have been a one off bad experience.its just when we put forward the problems..we nevr seem to hear anthing again...!
but It doesnt put me off using them...smile in fact I called in this morning (not a good morning to clal MONDAYS) LOL.
of course by time I got there at 10-30 they had allocated the time they had..but the person did say if I would like to pop down tomorrow may earlier 10-am then they would see what they could do to advise me...but im tied up tomorrow so look slike Wednesday (unless of course by some miracle the "nice" landlady pays up!.....hmm

" some days your the fly " !

" some days your the windscreen " ! smile

bikergran Mon 19-Sep-11 13:48:45

please can we have a spell checker lol.................grin