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Moved in September 2018, as a lodger. No paperwork or inventory taken. I did however take pics of the place when I moved in. Bank transferred her £500 as a deposit.
She was controlling, would leave her mess and expect me to clear it up. Would enter my room when I was away and clearly went through my things. Living situation made me very uncomfortable so on December 21st I cleared out my belongings and wrote her my notice. As a goodwill gesture, I said I would give 10 days notice, til the end of the month. I said I would come and give her the keys in person. However, when she came home and saw I had cleared out the room, she got angry via text and said she would rather not have me back and to post the keys, and then blocked me on all social media accounts. I took this as her notice for eviction.
A few days later she texts me on imessage saying she expects the keys by post by the 30th or she will have to change the locks and she will send me a bill. I had sent her the keys via recorded delivery (signed) on the 29th, however she wasn’t in when they came so she didn’t actually sign for the keys until the 3rd January.
After that, I was still blocked. I wrote her the three letter before action letters threatening court action. I also asked for the 10 days of rent from 21-31st back since she had told me via text she didn’t want me back. Still nothing. Clearly she wanted to just steal my money.
Life got busy, I went abroad etc and didn’t get round to starting court action til later last year. I started the money claims process, and sent the paperwork to her last known address (last correspondence according to Companies House to her address was 5th November, I sent my paperwork on the 15th). Got no response. Spoke to her neighbour and found out she had sold the house and moved. I had a judgement by default in her name now. I contacted a tracing agent and got her new address. Including the court fees and interest, this totaled to £755.
As tracing agents use credit checks to track people down, she found out. The tracing agents gave her my email address and she emailed me to say she was very disappointed that I was chasing her through the courts and that she looked forward to seeing me in court. She also claimed she didn’t have my bank details, and that she had to make deductions. She also lied saying she had tried to text me and she would highlight how I had “ignored” her messages in court. This is a lie of course, since she had blocked me. She also lied saying she hadn’t lived at that address for over a year.
I waited until I had confirmation from money claims that they had posted the default judgement to her new address. I responded saying its interesting she mentions the courts as the tracing agents didn’t know about court action, so this indicates to me that she does know something about a court claim (so she probably got the papers). I told her that as she was unwilling to discuss the return of my deposit and had blocked me, I had to follow the correct legal procedure as recommended. I told her I sent all correspondence correctly to her last known address as per companies house data. I pointed out that she had my bank details, and attached evidence such as the letters and texts including my bank details. I mentioned that the only valid “deductions” would be if she had not received the keys, and that I had sent the keys via tracked delivery and have evidence that she had in fact received them. I also mentioned that as a debtor she is required to let her creditors know of any changes in address, and I had no way of knowing she had changed address since she had blocked me and had to go by what I had available (such as companies house data).
To this she responded saying she has “photo evidence” which she will use in court along with a cleaning bill and damages to be paid. And as the keys weren’t received on the 31st as requested (not my fault as she wasn’t in to sign for the delivery) the locks had to be changed. And as I was in possession of the keys until that date I am still liable for payment up until this date.
I haven’t responded to her yet (and don’t know if I should or will). If she wants to dispute it, I believe she would have to pay for a set aside application and start the process again. First of all, I’m not even sure if she could successfully set it aside as I have sent all correspondence to her last known address, and when I found out she had moved I had made the effort to find her new address to serve the default judgement.* Am I right in believing that as there was no inventory taken, she doesn’t have any evidence of damages? I also took pictures when I vacated the room, and have a friend as a witness. In addition, since she had essentially kicked me out via text, even if there was cleaning to be done, I was not given the opportunity to do so. As she had expressed she doesn’t want me back, surely that entitles me to a rent refund for those final 10 days? She had made no effort to discuss or negotiate the amount with me as she had blocked me.
Please advise on where I stand with this. Thank you!
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She was controlling, would leave her mess and expect me to clear it up. Would enter my room when I was away and clearly went through my things. Living situation made me very uncomfortable so on December 21st I cleared out my belongings and wrote her my notice. As a goodwill gesture, I said I would give 10 days notice, til the end of the month. I said I would come and give her the keys in person. However, when she came home and saw I had cleared out the room, she got angry via text and said she would rather not have me back and to post the keys, and then blocked me on all social media accounts. I took this as her notice for eviction.
A few days later she texts me on imessage saying she expects the keys by post by the 30th or she will have to change the locks and she will send me a bill. I had sent her the keys via recorded delivery (signed) on the 29th, however she wasn’t in when they came so she didn’t actually sign for the keys until the 3rd January.
After that, I was still blocked. I wrote her the three letter before action letters threatening court action. I also asked for the 10 days of rent from 21-31st back since she had told me via text she didn’t want me back. Still nothing. Clearly she wanted to just steal my money.
Life got busy, I went abroad etc and didn’t get round to starting court action til later last year. I started the money claims process, and sent the paperwork to her last known address (last correspondence according to Companies House to her address was 5th November, I sent my paperwork on the 15th). Got no response. Spoke to her neighbour and found out she had sold the house and moved. I had a judgement by default in her name now. I contacted a tracing agent and got her new address. Including the court fees and interest, this totaled to £755.
As tracing agents use credit checks to track people down, she found out. The tracing agents gave her my email address and she emailed me to say she was very disappointed that I was chasing her through the courts and that she looked forward to seeing me in court. She also claimed she didn’t have my bank details, and that she had to make deductions. She also lied saying she had tried to text me and she would highlight how I had “ignored” her messages in court. This is a lie of course, since she had blocked me. She also lied saying she hadn’t lived at that address for over a year.
I waited until I had confirmation from money claims that they had posted the default judgement to her new address. I responded saying its interesting she mentions the courts as the tracing agents didn’t know about court action, so this indicates to me that she does know something about a court claim (so she probably got the papers). I told her that as she was unwilling to discuss the return of my deposit and had blocked me, I had to follow the correct legal procedure as recommended. I told her I sent all correspondence correctly to her last known address as per companies house data. I pointed out that she had my bank details, and attached evidence such as the letters and texts including my bank details. I mentioned that the only valid “deductions” would be if she had not received the keys, and that I had sent the keys via tracked delivery and have evidence that she had in fact received them. I also mentioned that as a debtor she is required to let her creditors know of any changes in address, and I had no way of knowing she had changed address since she had blocked me and had to go by what I had available (such as companies house data).
To this she responded saying she has “photo evidence” which she will use in court along with a cleaning bill and damages to be paid. And as the keys weren’t received on the 31st as requested (not my fault as she wasn’t in to sign for the delivery) the locks had to be changed. And as I was in possession of the keys until that date I am still liable for payment up until this date.
I haven’t responded to her yet (and don’t know if I should or will). If she wants to dispute it, I believe she would have to pay for a set aside application and start the process again. First of all, I’m not even sure if she could successfully set it aside as I have sent all correspondence to her last known address, and when I found out she had moved I had made the effort to find her new address to serve the default judgement.* Am I right in believing that as there was no inventory taken, she doesn’t have any evidence of damages? I also took pictures when I vacated the room, and have a friend as a witness. In addition, since she had essentially kicked me out via text, even if there was cleaning to be done, I was not given the opportunity to do so. As she had expressed she doesn’t want me back, surely that entitles me to a rent refund for those final 10 days? She had made no effort to discuss or negotiate the amount with me as she had blocked me.
Please advise on where I stand with this. Thank you!
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