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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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Hi Was lodging with someone. No contract, nothing signed,

Customer Question

Hi

Was lodging with someone. No contract, nothing signed, no formalised agreement. Paid a deposit and regular rent via bank transfer. Moved out.
She retained deposit. No agreement ever made regarding bills.
She is now pursuing me for £182 and threatening to put me on a bad debt list via county court.
Can she do this given there is no written agreement?
Should she have registered my deposit with a tenancy deposit scheme?
If so and she hasn't should she now pay me 3 times the deposit amount as a counter claim?

Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.

No need for TDS and no right to compensation as you were lodger not AST tenant.

 

What does she want £182 for? How much deposit does she have?

Customer: replied 3 years ago.

£700


 


£182 is for bills

Expert:  Stuart J replied 3 years ago.


In which case, I would get in
first and issue small claims court proceedings for £700. Let her counterclaim
for the £182 if she feels that she is entitled to be paid for bills and let the
judge decide whether she is entitled to that, over and above the rent you paid
or not.

Even if you lose and she is
successful with her counterclaim, you normally have between 14 days and 28 days
(depending on the court order) to pay the sum without it being registered as a
County Court judgement. In that case, provided you pay within the relevant
period, it will not affect your credit rating however much she may like it to
or however much she threatens it



 



Does that answer the
question?



Can I help further? I am
happy to answer any specific questions.



Please
don't forget to positively rate my answer J service
(even if it was not what you wanted to hear).

If you don't rate it positively, then the site keep your deposit and I get 0
for my time L. It is
imperative that you give my answer a positive rating.

It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask.



I am
offline shortly until later and will pick this up then if needed.

Customer: replied 3 years ago.

Can she issue anything against me with just a name? She has no contract and no details for me other than a work phone number.


 


What will it cost me to issue?


 


Is a court appearance necessary?

Expert:  Stuart J replied 3 years ago.


If you do
it online, the fee is £60. It is £70 and you do it on paper forms. If it goes
to court because she does not pay up, there is a hearing fee of £80. If you
win, you get those costs awarded against her.

It will be
necessary to go to court if she does not pay up.



She cannot
issue proceedings against you unless she has a physical address for you

Customer: replied 3 years ago.

What is a bad debt list?

Expert:  Stuart J replied 3 years ago.


She means the credit
register. There is no such thing as a bad debt list.

Private individuals cannot
put entries onto the credit register, that is done by the credit company
getting details of unsatisfied judgements from the court system



Does that answer the
question?



Can I help further? I am
happy to answer any specific questions.



Please
don't forget to positively rate my answer J service
(even if it was not what you wanted to hear).

If you don't rate it positively, then the site keep your deposit and I get 0
for my time L. It is
imperative that you give my answer a positive rating.

It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask.



I am
offline shortly until later and will pick this up then if needed.

Customer: replied 3 years ago.

Essentially there's nothing she can do to cause me any long lasting damage in terms of CCJs or make any alterations to my credit history?


 


She has no address therefore cannot proceed


She has no recourse within the court system because she cannot issue


She cannot register a bad debt with the credit register as this would be as a result of a CC ruling.


 


If I were to issue she would know my details and therefore be able to proceed with the counter claim which could result in me paying for everything?

Expert:  Stuart J replied 3 years ago.

Correct on all counts, unless she goes to court and gets a judgement which you don't pay within the period specified in the judgement

 

Please don't forget to push the positive rating button or I don't get any credit.

The thread stays open afterwards for follow ups.

Thanks

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