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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I wrote to him as requested via my friend. she emailed

Customer Question

hi i wrote to him as requested via my friend. she emailed him my message from me, whatsapped it and sms'ed it. No reposnse.
Do i have to wait 14 days before doing anything?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiYes you need to wait 10 days before you issue the proceedingsClare
Customer: replied 1 year ago.

in my email i said if i did not hear in 14 calendar days i would issue proceedings and not 10. can i issue after 10 days?

Expert:  Clare replied 1 year ago.
no you have to wait 14 days from the day the message was sent
Customer: replied 1 year ago.

could i get someone to call him?

Expert:  Clare replied 1 year ago.
Hi
It would not change anything - and is not necessary
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.

ok thanks

Expert:  Clare replied 1 year ago.
You are most welcome
Customer: replied 1 year ago.

hi there has been correspondence from him and i need advise on how to proceed

Expert:  Clare replied 1 year ago.
I hope that the matter will resolve for you
Customer: replied 1 year ago.

Hi

He has replied by demanding 1425 pounds off me!

we lived together and were both on the tenancy agreement. i had 2 cats who live with us for a number of months before i sent them abroad as i was moving abroad. when i left the landlady did not do a check out. my full deposit of 675 pounds was not returned, only 500 pounds was returned. the cats had slightly damaged the hall carpet by scratching at it. the damage was not visible unless you looked for it. He said he would keep the money until he left the flat in case he was charged for it. i told him that when he leaves he needs to provide me with a receipt on how much the carpet damage was and that right now i needed the deposit back. i told him call the landlady for checkout but he did not. i tad him the whole carpet will not be replaced by me as he was living in the flat for about 7 years before i moved in, meaning there was a lot of wear and tear on it.

i got in touch with the landlady in april this year and advised afternoon months of asking, he had not returned the deposit in full, she was very surprised and said she agreed with him not to do a check out as she was told the flat was left in very good condition. she emailed him demanding he pay the 175GBP back. He paid me GBP100 and she emailed him again stating he must pay the remainder GP75. he then text me saying he would tell her about the cats and the carpet damage. after a few weeks we got back together again. but the split after about 4 weeks as he was unfaithful. after we plot he made one more payment of 100pounds. i have sent him the credit card statements and the cash bill breakdown that he owes at least twice over the course of the year. he has never disputed it.

he emailed last night demanding 1425 for the 'destroyed' hall carpet. he said he would contact the landlady and tell her and that she will start proceedings against me.

its as though he is making a threat to me. when we were together he did mention a few times he thought he would lose all his deposit as the landlady will try and charge him for wear and tear. i told friends many times that he will try and get that money from me. incidentally he has had 2 tenants since i left s there is further wear and tear on that carpet.

where do i star legally with this? what should i do? should i contact the landlady and let her know about the cats and the small damage to the carpet? She really should have done a check out. i really do want to file in small claims now as he is trying not to ay me my money back.

Thanks

Expert:  Clare replied 1 year ago.
when did he move out?
Customer: replied 1 year ago.

he has not moved out. he still resides there.

Customer: replied 1 year ago.

also the tenancy agreement stated that no pets are allowed yet i did have cats.

Expert:  Clare replied 1 year ago.
How long were you living together
Customer: replied 1 year ago.

10 months

Customer: replied 1 year ago.

i moved out 11 months ago.

Expert:  Clare replied 1 year ago.
Do you have pictures of the damage
Customer: replied 1 year ago.

no

Expert:  Clare replied 1 year ago.
Just to check - were you ever on the tenancy agreement?
Customer: replied 1 year ago.

yes i was

Expert:  Clare replied 1 year ago.
Hi
This is clearly an attempt to distract you from the monies that he owes you- and that you can prove he owes you
Since it seems that the Landlady has accepted that you left the property in good condition then technically any claim that she has will be against your ex and not you.
If you are reasonable terms with the Landlady you may wish t write and warn her about what is happening
Clare
Customer: replied 1 year ago.

hi

I emailed the landlady and told her about the cats and the minor damage to the carpet caused by their scratching. She said she will go and take a look and get back to me if she feels it needs compensating, otherwise there is no need for me to pay her anything. She also said this has nothing to do with my ex as he is not the property owner, he is only the tenant. She is aware of smoke damage done to the property by my ex before I moved in which requires the flat to be repainted paid by him, whenever he exists the property. So it seems he may be trying to use me to pay for that using the carpet as an excuse.

I emailed him today and forwarded him a breakdown of the cash he owes me, along with the credit card statements which have his name on them but the account was mine. I did mention in my email that I sent these to him twice last year and I also forwarded those emails to him from last year.

He did not object to any of the monies that he owes and neither did he dispute it when I sent him these emails last year. In fact he paid me GBP500 back out of the total which is an admittance that he does owe the total amount I gave him.

As of today he has 7 calendar days to respond with when he will make payments, but I think he is stalling and that he will try to buy time by saying he does not owe the cash.

Can I go ahead and file a claim online in 7 days, if he does not provide a clear plan as to when he will make repayment?

What if he objects to the demand in any way, can I still go ahead and file the claim in 7 days.

Can I make a complaint to his police station where he works that he has been trying to get GBP1425 out of me?

Please advise.

Thanks

Expert:  Clare replied 1 year ago.
If he does not pay then you can simply issue the proceedings.It would NOT be appropriate to report him - this is a private matter and nothing to do with his employment
Customer: replied 1 year ago.
Can I issue proceedings after 7 calendar days if he does not provide how and will he will pay? That will take me to the 14 calendar days I gave him initially.
Thank you
Expert:  Clare replied 1 year ago.
Yes you can!
Customer: replied 1 year ago.

Hi Clare

Thanks for your advise.

I have prepared the particulars of claim and have just kept to the basic facts as there is not enough character space to add anything else. I have not included the fact that he tried to get me to pay him GBP1425. If the court wishes later on I can submit the credit card statements and emails that I sent to him last year outlining what he owes and to which he did not dispute.

He has until Sunday 20 September to come back with a proposal for repayment of the remainder of the debt, otherwise I will submit a claim via MCOL.

Can you advise if the below makes sense and is it ok to submit via MCOL.

Thanks

In 2014 I was in a relationship with the

Defendant.I loaned him cash of £1432 & the

use of a credit card, which was on his name.

The total amount spent on the card is £1645.

The total amount loaned is £3077.From March

-October 2014 he repaid £802.From April-

September 2015 he repaid £500.In total he

repaid £1302.He owes a balance of £1775.In

October & December 2014, he was emailed

the balance & sent credit card statements

on his name & the cash breakdown listing the

money loaned on each occasion & the amount

he paid back along with dates. He has never

disputed the cash or credit card bills that

he owes. He stopped payments in June 2015

& made a payment of £100 on 2 September when

my friend text him on my behalf. I emailed

him on 6 September asking for the full amount

or a proposal that he adheres to, to return

the money, otherwise proceedings will be

initiated. He responded & disputes the debt.

I am initiating proceedings to recover the

debt. Documents can be produced to support

the above.

Expert:  Clare replied 1 year ago.
Hi
That will be fine
Clare