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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In 1990 I bought a flat in Bristol. I had to leave the country

Resolved Question:

In 1990 I bought a flat in Bristol. I had to leave the country in. I asked the Building society permission to let. They wanted key back. Upon return to this country I asked for the £5000 deposit back. They said they have no record. I just forgot the whole issue. Lately I have been told it could be illegal. I am bouncing back on this because I am living in a housing association's sheltered housing flat where there are constant problems with noisy neighbours. At present I am suffering at the hand of tenant under my flat. Had I been allowed to rent out I would have had my own place where if I had the same problem I could have sold and moved on.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Do you know where the £5,000 deposit is?

Customer:

Britannia Building Society. The branch in Clifton Bristol is closed. Upon my return I went to the Broadmead branch. They told me to come back in a few days and when I returned I was informed they have no record. I want the deposit and the compensation to buy my own place. At the age of 76 I no longer want to keep facing situation as it is present and have been facing since I became tenant to one or other landlord. The Flat was in a very sought after road in Clifton Bristol with large open garden and the garden shade at the back of the house. My full name is Pir (Not often used as its my title but being on the first name list is on some documents) Abul Khair Jan Sarhandi.

Alex Watts : Are you happy to sue them?
Customer:

Thinking back I am not certain as to exactly how much the deposit was and have the exact price was but I think that it was around £100000 and the deposit was around 5000. The address of the flat was Ground Floor Flat ( could be Flat 1 or A )*****Clifton Bristol BS8 2SW and the Building Society is Britannia Building Society. Though I did not bother to do I was told that what that what the society did was wrong may be illegal. If so I am very much fine to sue them. However my financial situation is such that I am on pension credit.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.



Can I clarify anything for you about this today please?

Customer:

Was their action of taking flat from me illegal because I had asked their permission to let it out while away. Many people I had known in the past had let their properties off without telling their financiers. If illegal than I want full price ( in compensation ) of my flat not just the deposit and even more because they have made me virtual homeless all these years. Rented properties are not without encroachments . The situation I am in at present is such that I need my own place to avoid constant worry of other tenants and uncooperative landlords.

Alex Watts :

Indeed I understand.

Alex Watts :

But you can issue proceedings and attend here in the UK

Alex Watts :

Does that help?

Customer:

Thankyou. Proceedings for what? What about the cost? I am in UK

Customer:

Thank you for your prompt reply. Proceedings for what and what about the costs?

Alex Watts :

Costs are limited in the small claims

Alex Watts :

You can get the cost here:

Alex Watts :

https://www.justice.gov.uk/courts/fees

Alex Watts :

If you win then you get the costs back

Alex Watts :

Does that help?

Customer:

I am not talking small claim. I am talking of full price of injustice of taking my flat from me which by now would have been almost paid off. I want to be fully compensated to buy myself a house or a flat in Bristol.

Alex Watts :

Yes as long as it is £10,000 or under it would be a small claim. Over £10,000 then it would be a full trial and you would need to be represented.

Alex Watts :

Costs you are talking around £15,000 for Solicitor and Barrister fees

Alex Watts :

If you win you get that back

Alex Watts :

Does that help?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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