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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70414
Experience:  Over 5 years in practice
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I moved out of a rented property a short while ago. There were

Resolved Question:

I moved out of a rented property a short while ago. There were three of us in there and we got the deposit back today, but it only went into one account. The person who's account it went to has only given up £58 to me instead of £278. We all paid the deposit equally between the three of us, but the third person is saying I owe them money when I don't and the person who's account the money went into has given them what they say I owe them. Surely that's my money and this person can't do whatever they want with it and hold it back from me? What can I do?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What is his explanation for this please?
Customer: replied 3 years ago.
He says that I owe the third person money. This is untrue, but the third person is claiming that I do and seeing as they both now live together he's just given it to her and given me what's left.
Expert:  Jo C. replied 3 years ago.
Does the alleged debt relate to the rental agreement?
Customer: replied 3 years ago.
The debt I apparently owe? No.
Expert:  Jo C. replied 3 years ago.
Thanks.

Then he can't do that. Its not for him to act as a debt collector in this way. He might have a stronger argument if he could say that it related to the contract between the three of you but thats not the case.

If he refuses to hand it over though then your only option is to sue. It seems rather disproportionate for this sum of money but you either sue or write the money off and thats not attractive. You will be able to claim costs back.

Its worth sending him a letter before action giving him 28 days to make payment though first. It might succeed or it might not but its free to do and it will protect you from a costs application.

You can issue here

www.moneyclaim.gov.uk

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.
No I think that is all thank you, XXXXX XXXXX going to cost me another £25 to claim from the site you just recommended.
Expert:  Jo C. replied 3 years ago.
The costs are actually £35 for most claims but even claim it back from the defendant. That is why you should try letter before action 1st.

No problem and all the best.

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