How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Lodger is just leaving a house in shared accommodation after

Resolved Question:

Lodger is just leaving a house in shared accommodation after about nine years.
The cash payments book shows that over the period. He is outstanding. About £9000.
My wife (very largely) took the receipts of money over the last six or seven years (she is almost 81), and she says that when he went on holidays, which might have been more than once a year. He would simply not pay and promised to make up the payment by Christmas and did indeed make some additional payments, but nothing like enough and in differing amounts which she found confusing, but she trusted him and he wrote her some notes (which have been kept) confirming that he had not paid and would make it up, but he did not. Personality wise He came across as an upright citizen and he worked in the court service and was very religious and quite dominant and has not made any payments over the last four months since he was issued with notice to leave. I have already issued him with a notice before action about two months ago and giving him two weeks to respond, but he has not. Apart from the initial few months when he signed the rent book it has only been signed by myself or my wife and after a while by my wife, who simply filled in the lines when he actually made a payment and without any gaps disguising the fact that there were gaps in payments of one or two months every year. It is only when he was due to leave that I thought to check up the whole background of payment and was amazed to find this shortfall. Given that my wife comes across as very straightforward and honest and the cash book is clearly filled in over the whole period, and his sporadic notes saying that he will make up shortfalls what are the chances of recovery in a court?
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.What is it you want to achieve please?Alex
Customer: replied 1 year ago.
Given that my wife comes across as very straightforward and honest and the cash book is clearly filled in over the whole period, and his sporadic notes saying that he will make up shortfalls what are the chances of recovery in a court?
Expert:  Ash replied 1 year ago.
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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Based on what you have said and the notes saying he will make up payment I think you would be successful in courtCan I clarify anything for you about this today please?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 4 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Bearing in mind the period over which his short or missing payments was 9 years how far could one claim back in years and does it come under contract law because he signed an agreement as a lodger or is it limited to some other time period?
Expert:  Ash replied 1 year ago.
6 years under the Limitation Act 1980Alex