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What are my rights?

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  • 10-02-2011 11:10am
    #1
    gagiteebo
    Closed Accounts Posts: 524 ✭✭✭


    I posted here a while back on a related topic but it has since progressed to a nasty stage and just wondering what my rights are.

    I gave my landlord a month's notice to move out of the house. The landlord lived there as well. He checked the room and was satisfied and wrote me a cheque for my deposit. That was on the 1st Feb. I lodged it on the 2nd, I have since gotten a letter from the bank with cheque attached saying it could not be cashed as he had said it was stolen. I rang the bank to double check and they assured me he had done this. I have called him and texted but he said he doesn't know what happened. He is now not answering my calls I want my deposit back but he is playing nasty. I have called Citizen's Advice but they couldn't really help me.

    Does anyone have any advice? Thank you :)


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    #2
    ragg
    Closed Accounts Posts: 1,853 ✭✭✭ragg


    Wow, don't know how i found this thread, never posted here before.

    Get the guards involved, this is likely fraud or at least theft.


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    #3
    housetypeb
    Registered Users Posts: 1,192 ✭✭✭housetypeb


    Post it in the legal forum-sounds like the landlord has libeled you by saying the check was stolen, sue the fecker, might be an option.


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    #4
    Cathmandooo
    Registered Users Posts: 17,324 ✭✭✭✭Cathmandooo


    You're probably going to have to go to the Small Claims Court for this. You're not covered by the PRTB because your landlord lived with you. I can't see what the gardai can do for you either. Send a text saying the matter is in your solicitors hands and you'll be going to the small claims court, if he doesn't react to that then you'll have to go through that process. You could contact Threshold for some advice on the matter.

    A few links for you:
    Citizens Information

    Small Claims Court Application

    Threshold


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    #5
    youcrazyjesus!
    Closed Accounts Posts: 1,146 ✭✭✭youcrazyjesus!


    Eh this is an allegation of fraud. This is very much a matter for the Gardai. You've also been slandered. The bank should surely have contacted the Gardai too no?


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    #6
    gagiteebo
    Closed Accounts Posts: 524 ✭✭✭gagiteebo


    youcrazyjesus! wrote: »
    Eh this is an allegation of fraud. This is very much a matter for the Gardai. You've also been slandered. The bank should surely have contacted the Gardai too no?

    No. They just sent me the cheque back and contacted me twice. I contacted him but he is ignoring me. I've sent him a letter saying he has 5 working days to give deposit back or small claims court it is. That was Friday and no word from him. Citizens Advice said the fact I have the cheque should stand in court i.e he has admitted by writing it that he owes me....will just have to see what happens.


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