Landlord won't refund my deposit

cinnamony

challengemaster wrote: »

In a text, by any chance?

In an e-mail, his full name is the address as well as his main point of contact. I'd say he deleted my number...

mugsymugsy

Good luck OP. I think this will only strengthen your case in the small claims court. Best of luck and thanks for the update.

cinnamony

mugsymugsy wrote: »

Good luck OP. I think this will only strengthen your case in the small claims court. Best of luck and thanks for the update.

Thanks a million! If it wasn't for the advice I got from this forum I probably would have not pushed through with it. I just hope that by updating it helps anyone else who may go through this to get a sense of the process/length etc..

cinnamony

Hi All just a quick update again and some further advice (sorry)

But myself and my former landlord have been asked to provide proof to the court. Of course I will be providing them the e-mails and texts as well as proof I paid deposit.

The only "proof" my landlord could provide where emails from two foreign people who he claims were previous tenants stating they got their deposits back except for things the landlord told them they owed money for.

I was just wondering anyone has any idea how this will hold in court? Just because he paid them back the deposits(or part of it rather) doesn't mean he wouldn't do what he's doing to me?

Thanks again all!

The_Conductor

Cinnamony-

If the landlord is relying on his historic relationship with others- whereas you have a well documented record of your relationship with the landlord- its like one person is saying- I can't owe you money- because I paid the milkman last week......... You get what I'm saying- at best its indicative of the landlords' character- it is no proof whatsoever of his dealings with you- whereas you have cold hard proof.

I know how I'd adjudicate- I personally would consider it to be a no-brainer..........The judge may look at it differently- however, I can't see how/why they would...........

cinnamony

The_Conductor wrote: »

Cinnamony-

If the landlord is relying on his historic relationship with others- whereas you have a well documented record of your relationship with the landlord- its like one person is saying- I can't owe you money- because I paid the milkman last week......... You get what I'm saying- at best its indicative of the landlords' character- it is no proof whatsoever of his dealings with you- whereas you have cold hard proof.

I know how I'd adjudicate- I personally would consider it to be a no-brainer..........The judge may look at it differently- however, I can't see how/why they would...........

Thanks for your point of view, I am just shaking right now cause he claimed I threatened him and stuff I'm really distraught and wondered if this would back up his claim

mugsymugsy

cinnamony wrote: »

Thanks for your point of view, I am just shaking right now cause he claimed I threatened him and stuff I'm really distraught and wondered if this would back up his claim

Stand firm be polite and use the evidence you have. Best of luck

cinnamony

I'm not giving up I just can't believe he would make such false claims to a court of law.
I was wondering would it be possible to use my conversations with my family members and best friend as proof? I can use these to prove my timeline with date and time stamps etc as I noticed that my previous landlord keeps changing the dates on his timeline so I want to give solid proof for this as well.

cinnamony

Hi all,

Sorry resurrect this thread. I sent my response and all the proof I had to the court which they then sent to my former "LL".

I got a response from him saying he thought about it and wants to reject my response even though I provided proof and wants to proceed to a court hearing??

FanadMan

Go for court! LOL is chancing his arm that you'll back down.

mugsymugsy

He is hoping that you will back down. You have evidence to back up your claims. Whilst it must be worrying and a difficult time you have come this far and don't let him away with your money. Best of luck.

cinnamony

Thanks guys, I was hoping it wouldn't go this far. I find it weird how he states he "thought about it" thats such a weird thing..

I was wondering does anyone know if I'll have to bring my proof with me or will the court have it?

Also I suffer with severity anxiety and have random panic attacks, can this be used against me? I.e. Will the judge think I'm lying if I'm anxious?

Graces7

cinnamony wrote: »

Thanks guys, I was hoping it wouldn't go this far. I find it weird how he states he "thought about it" thats such a weird thing..

I was wondering does anyone know if I'll have to bring my proof with me or will the court have it?

Also I suffer with severity anxiety and have random panic attacks, can this be used against me? I.e. Will the judge think I'm lying if I'm anxious?[/QUOTE]

NO, NO and NO! OK? OK! And hugs..

The_Conductor

Follow up on it.
It doesn't matter than he is a non-respondent to the RTB- if anything it actually strengthens your case.
If he is doing this to you- hes probably doing the exact same with others- in the expectation that they'll back down.
Don't back down. Assholes like this deserve everything they have coming- and if it does go to court- it'll be a clarion call to anyone else who has to deal with him- and his various businesses.

Its remarkable that he is being as stupid as this.

Heres Johnny

He's very stupid. He has documented his own downfall on numerous occasions.

This is a slam dunk win for you but be prepared for some lies from him maybe about damage etc...

But he will have no proof so you'll be fine

cinnamony

Thanks a million all No way I'm going to back down now!
I guess I should also prepare for the possibility he will hire a solicitor..

Heres Johnny wrote: »

This is a slam dunk win for you but be prepared for some lies from him maybe about damage etc...

He has already done this, he claimed I was being aggressive and screaming and he got so scared he told me I could stay in the house longer :pac:

He even claimed I I was sending him threatening emails and provided these. Basically all I did in the emails was defend myself against his claims and told him I was taking him to court. And then after a few emails I just said I was tired of his lies and that he was basically stealing from me and I would see him in court.

When he tried to offer me half of my deposit to back down after he got the court papers all I said to him that I didn't accept because he was unfairily taking my money and I had the right to the full deposit.

Literally everytime I told him I would take him to court he told me not to threaten him and that I was being abusive.

He has not yet claimed damages but of course like all of his claims he has no proof whatsoever.

Heres Johnny

Are we talking about 1 months rent as a deposit here? So somewhere between 300 and 500 euro I'm guessing?
He won't hire a solicitor to defend that I had to get one once to represent me it was in that price range for a day in court he charged me

cinnamony

Heres Johnny wrote: »

Are we talking about 1 months rent as a deposit here? So somewhere between 300 and 500 euro I'm guessing?
He won't hire a solicitor to defend that I had to get one once to represent me it was in that price range for a day in court he charged me

Exactly. Its close to 500 that he owes me. I know it may make me sound petty but to me thats a big amount glad to hear he may not go with the solicitor then..

Bob24

cinnamony wrote: »

Exactly. Its close to 500 that he owes me. I know it may make me sound petty but to me thats a big amount glad to hear he may not go with the solicitor then..

I’d say regardless of the amount, at this stage it is also a matter of principle and you are definitely right in refusing a compromise based on lies from the other party.

Assuming your recollection of the events here is accurate*, your previous landlord is taking the piss and since you already have a new place and don’t need a reference from them, they do deserve to be taught a lesson in court.



* not saying you are being inaccurate in any way, just putting a precautionary caveat as I am conscient we only have one side of the story.

Graces7

cinnamony wrote: »

Thanks a million all No way I'm going to back down now!
I guess I should also prepare for the possibility he will hire a solicitor..



He has already done this, he claimed I was being aggressive and screaming and he got so scared he told me I could stay in the house longer :pac:

He even claimed I I was sending him threatening emails and provided these. Basically all I did in the emails was defend myself against his claims and told him I was taking him to court. And then after a few emails I just said I was tired of his lies and that he was basically stealing from me and I would see him in court.

When he tried to offer me half of my deposit to back down after he got the court
papers all I said to him that I didn't accept because he was unfairily taking my money and I had the right to the full deposit.

Literally everytime I told him I would take him to court he told me not to threaten him and that I was being abusive.

He has not yet claimed damages but of course like all of his claims he has no proof whatsoever.

If that were not so appalling it would be funny. he is at last ditch and accusing YOU is a sign of that.Cornered he is. I have had that tactic played against me. And worse, far worse.
I was in SCC not too long ago and it is not intimidating at all. No robes or wigs
I was representing someone who could not speak for himself .

Log the abuse and threats from him carefully and have that report ready for the Judge.

Abusive!

martinr5232

cinnamony wrote:

Exactly. Its close to 500 that he owes me. I know it may make me sound petty but to me thats a big amount glad to hear he may not go with the solicitor then..

Doesnt matter if its 50 quid its about principle now. Too many scumbags like him around.

Heres Johnny

Dead right to fight to get it back.
It's a decent wedge of money it's not petty at all