# Small Claims Court



## whirlypig (Feb 20, 2003)

I'm looking for some 'free' advice with regards a small claim action.

We rented a property until January this year and as yet we still haven't got our deposit back. There was a dispute over a charge for carpet cleaning but we relented, told them to deduct the Â£150 and sent the required paperwork back by recorded delivery months and months ago. No deposit and further recorded letters are ignored. When I ring I get some pleb who says it's being processed, ask for a manager and conveniently get cut off. I spoke to our old neighbours and they tell me that the previous tenants didn't get their deposit back either. Seems to be a common scam in that they take the chance that tenants can't be bothered with a small claims action. I wouldn't mind but this isn't some tin pot company, it's a big chain.

So is a small claim action viable, i.e. for the Â£360 deposit is it worth the hassle and expense? Will we get back our money plus some compensation/expenses? Is it easy to initiate and how much will it cost? What if we initiate proceedings and then they pay up, what happens then?

Cheers 
Iain


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## NickP (May 6, 2002)

Are the managing agents local to you?


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## whirlypig (Feb 20, 2003)

Nick, I wish they were as I'd happily pop in and kick up some fuss. All administration has moved to Liverpool, the agents in Sheffield put the boards up but that's about it.

I'm just composing a letter threatening small claims court if we don't receive our deposit within 14-days. I've sent similar letters but not mentioned Small Claims before, hopefully this will kick them into action. I think I'll send this one to the Chief Exec care of the head office in Sussex as Liverpool seem to ignore everything.


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## itextt (May 4, 2003)

Look on the net for Small Claims Courts. You can download forms etc. 
Pete
Found this:
http://www.compactlaw.co.uk/smc.html


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## thorney (May 15, 2002)

You can claim at a local CC you dont need to go to Liverpool (although they can apply to have it moved). It'll cost about Â£40 and yes if you win you'll get your reasonable expenses back. The chances are they'll ignore it and you'll get judgement in default. Actually getting the money can be harder but if its a company then a bankruptcy petition works wonders.


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## IanWest (May 7, 2002)

Ask for the landlord's details and write to him as ultimately he is the person in charge of your deposit as he will be on the agreement. If they don't give it to you. give me the property address and I can do a land registry search for you.
Complain to the NAEA, ARLA, NALS if they are members.
In fact, just IM me with their name and I'll check for you. After all, its my line of business ;D


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## r1 (Oct 31, 2002)

> You can claim at a local CC you dont need to go to Liverpool (although they can apply to have it moved). It'll cost about Â£40 and yes if you win you'll get your reasonable expenses back. The chances are they'll ignore it and you'll get judgement in default. Actually getting the money can be harder but if its a company then a bankruptcy petition works wonders.


IIRC to start a winding petition the outstanding balance must exceed Â£750.....depends how much of the deposit is left I suppose. If so then definately the best course. More money up front - Â£500 deposit to the court but you'll get it back....and you'll win.


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## whirlypig (Feb 20, 2003)

Thanks for all the advice. 

IanW, I have the landlords details, unfortunately though he lives in Switzerland. Should I be taking the action against him rather than the Agents? I'd rather persue the Agents as they are UK based.

I don't think there's any harm in naming and shaming the Agents as I've stated the simple facts of the matter. They are Sequence Homes, owners of a number of chains including William H Brown, the people we originally let the property through.

Small Claims seems to be the way forward, can't believe all the hassle just to get Â£360.


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## Rhod_TT (May 7, 2002)

If you can't decide what's the best way forward, or even if you've already decided to go to court, a trip to your local citizen's advice bureau might be of help.


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## whirlypig (Feb 20, 2003)

I'll give the CAB a try today but I think I know what they'll say. They'll recommend sending a letter threatening small claims action if no response within 14 days. I get the impression this company may still not budge so I'd like to be prepared should court be the only way forward.

I'm really fed up with these companies that try it on. We'll likely get our money back and they'll get a gentle dressing down from the court, if they turn up, and nobodys any the wiser. They'll go back to banking on that the majority of people writing the money off and any profits from the deposits will out-weigh any future court costs. I don't suppose if they're up in front of the small claims court once or one hundred times it'll make any difference. I'd like to see persistent offenders heavily fined or hung, drawn and quartered.


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## IanWest (May 7, 2002)

Write to the landlord asking him for the money and also ask for his FICO number which is the inland revenue number allowing the agent not to deduct income tax at source. 99% of foreign landlords do not do this and leave themselves and the agents liable for tax on the rent. I'm sure that a suggestion of a call to the Revenue will do the trick. I am pretty sure that the landlord will have no idea that this has happened.
I would serve a claim on him c/o William Brown as they will then have to inform the landlord who will probably go ape shit.


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## whirlypig (Feb 20, 2003)

IanW,

Cheers for that I'll make some enquiries. 
Couldn't get through to the CAB but hope to have more success on Friday when I have time to do some chasing.


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