landlord has spent deposit money...

[Groove]

Hi guys,

Me and the wife where going to be renting out a set of stables and land to run a equestrian business.

After meeting the landlord we could tell he was a idiot but agreed to let the stables after we came to an agreement of price and services included in the rent.

After a week later we contacted him to see if the contract was drawn up or not as yet and he said he was waiting for the deposit money (£1600) before contacting the agents to draw the contract up. We contacted the agent and they said that he wants it this way as he has been messed around before and has had to pay for each contract that has been made out of his own pocket and that if we paid him the deposit first for his own security it would be fine.

We reluctantly gave him the cheque of the full amount and we transfered money in to the cheque account a little bit late so the cheque bounced (money went in a day after so he obvioulsy deposited cheque the day we gave it to him).

We appologised for this and said we would come up on the Tuesday with the full amount in cash, he said could we do half on the Monday and then the rest a week later so we agreed if that would get the ball rolling.

My wife took £800 cash on the monday and once exchanged he said "same time again tomorrow then?" Now bareing in mind that this was a 2 and a half hour round trip what was the problem in coming up with the full amount the next day rather than make 2 trips? Who knows! We declined his offer on that one and came up on Friday to give him the rest and the contracts where still not being drawn up.

Finally around 4 weeks ago the contact was drawn up but there was far too many new rules etc that the landlord has since added after taking the deposit. He now also wanted an extra £400! We could not work out a contract that suited us as the landlord was not up for comprimising on the new rules so we mutually decided to not go ahead with the contract.

This is where the trouble really begins, he starts making excuses and says that he will hang on to the deposit untill christmas incase we change our minds. So we tell him direct to the point we want our money back and did the long trip back to him to collect a cheque of the full amount. Great, we thought!

5 days later the cheque bounces, he makes his excuses and said "oh well, yours did too!) Which is correct, except we didnt have his cash in the first place when he had ours!

We continue to ask for our money back and he claims "I will not be rushed!"

We agree on a bank transfer last Wednesday, after still seeing no fund on the Friday we contact him and he says we will have it by the end of the week, we exchange some more messages and then dont hear back from him till today when he is meant to be making the transfer.

He said he now wants proof that it is going in to my wifes account as its a different name (her account is in her pre-married name) we explained this shouldnt be a issue as the contract is in her pre married name! He demaned proof so we said fine, cash and we will come today! He made more excuses and said he would sort it out and call back in an hour.

We then get a text saying that he had someone to view the yard and if they take it he would use their deposit to pay us and that he has used our deposit on the new locks for the yard! He hasnt done this as he has said previously that the locks were too expensive and he was trying to get the quote down!

So basically he has spent our money on god knows what and is waiting on someone else to rent the yard before giving it back. Baring in mind the yard has been available for around a year.

So, what can we do to get the money back, the agent doesnt seem interested and we want it back sooner rather than later.

Is it just a case of giving him a letter giving him 14 days before taking it through a claims court?

Many thanks for any help!
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|| Past: 1991 Kawasaki ZXR 250 ~ 2003 Honda CBR 600 F Sport ~ 2004 Kawasaki ZX6R B1H 636 ~ 1999 Yamaha R1 ~ 1999 Kawasaki ZX6R J ~ 2004 Kawasaki ZX6R B1H 636 ~ 1998 Honda VTR1000F Firestorm ~ K1 GSXR 600 Track bike ~ K6 GSXR 1000 ~ 2006 Speed Triple 1050 || Current: 2005 R1 https://www.adrucore.co.uk

[herulach]

Did you get a reciept?

I hate to say it, but you've been pretty naive, If you've no documentation whatsover try and get something from him in writing agreeing to make the payment (email may be easiest way to do this without arousing suspicion). That way at least you have some evidence the money is owed.

Might be worth contacting a solicitor, half an hour should see you straight, and won't cost too much.
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YBR 125>FZS600

[Paxovasa]

Start a small claim against him or get a solicitor to write to him.

The down side is either of the above will cost you some outlay.
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Suzuki GSF600 K3 (in the fastest colour, black).

[Groove]

We have a reciept which says on it full amount to be re funded if terms can not be met regarding contract and the locks being put in.

We have several emails and texts regarding days that he will send money over etc.
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|| Past: 1991 Kawasaki ZXR 250 ~ 2003 Honda CBR 600 F Sport ~ 2004 Kawasaki ZX6R B1H 636 ~ 1999 Yamaha R1 ~ 1999 Kawasaki ZX6R J ~ 2004 Kawasaki ZX6R B1H 636 ~ 1998 Honda VTR1000F Firestorm ~ K1 GSXR 600 Track bike ~ K6 GSXR 1000 ~ 2006 Speed Triple 1050 || Current: 2005 R1 https://www.adrucore.co.uk

[pinkyfloyd]

[herulach]

In that case small claims court straight away. The process is pretty simple and laid out well on the court service website.

Make sure you fill in all the forms correctly, courts are sticklers for stuff like that.
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YBR 125>FZS600

[Imonster]

Someone put this link up the other day on here;

https://www.gillhams.com/articles/386.cfm

Looks to be a far more effective solution in a situation such as this to a small claims court, if I'm reading it right...
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Those who make peaceful revolution impossible will make violent revolution inevitable.

[Ste]

https://www.moneyclaim.gov.uk/

If you paid cash and didn't get a receipt then it's going to be your word against his.

You need/want to be able to show that you've attempted to resolve the situation prior to seeking legal recourse. So I'd suggest sending him a letter by recorded delivery that sets out the situation and giving him a fair deadline to pay you the full amount, I'd go with 14 days from the date of your letter.

[stinkwheel]

Go to his yard. Remove goods to the value of £1600 but be very careful not to break anything.

Tell him he can have them back when he pays you.

This works. My Dad did this recently with a shyster builder who took money for materials and didn't do the work. He went up to the guys yard with a trailer, waited for him to go out, loaded up an expensive looking cement mixer and locked it in his garage. Left a note saying he could have it back when he payed up.
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“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.

[pa_broon74]

I would be inclined towards stinkwheel's idea.

However, before you do small claims you need to show you've done everything you can to get your cash back, write him letter asking for it and send it recorded delivery, explain on it that he has 10 days to refund the money or legal action will follow.

I know you done some to-ing and fro-ing but the small claims don't like being used willy-nilly and will ask if you've given formal notice of intended action.

I still prefer stinkwheels one though.


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Didn't catch anything.

[Fawbish]

Is it just me that would have been there with a few mates to have a quiet word?

Shouldnt have given him money in the first place but seriously, anyone tried that with me and he'd been shitting his little pants before we'd done anything.
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"Oh....it looks like Average Joe's is forfeiting the match!" - "Yeah, its a risky strategy but lets see if it pays off for 'em Cotton."

[Pie-Roe]

[Fawbish]

Double postage
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"Oh....it looks like Average Joe's is forfeiting the match!" - "Yeah, its a risky strategy but lets see if it pays off for 'em Cotton."

[Fawbish]

[Hetzer]