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Legal matters

Deposit issue

4 replies

cansu · 27/07/2014 08:16

So moved out in December and requested repayment of deposit twice. Landlord disagreed so asked for it to be adjudicated by ADR of protection scheme she said no. Left it for a few months, tried again, still no so DPS said I would have to use small claims as she wasn't obliged to use their dispute resolution scheme. Sent a letter before action again asking her to use ADR, no response. Waited about three weeks then did small claims paperwork. Suddenly she initiates a single claim which we responded to asking for ADR which seems to be going ahead. She hires solicitor to respond to small claim and has now sent us a letter saying we should withdraw court case or they will ask for her solicitor costs if they win as our small claims case is 'an abuse of process'.

Have now sent letter back saying that if she is prepared to abide by ADR decision then yes claim can be withdrawn from court process. Am worried that if I simply withdraw claim she will then just withdraw from ADR process and we will be back to square 1. Am I doing right thing? Feel slightly bamboozled by solicitor stuff as I can't afford to pay for solicitors etc.

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apermanentheadache · 28/07/2014 13:31

Can you go to a CAB? They will be able to advise.

here is some advice from Shelter

I hope you get it back.

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prh47bridge · 28/07/2014 15:07

Ignore her threat to claim for solicitors costs. As this is a small claim she cannot claim her legal costs from you.

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cansu · 28/07/2014 15:46

Thank you, letter threatening this came from her solicitor. Are they just trying to scare me off then ??

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prh47bridge · 29/07/2014 00:33

Yes.

She can ask for her solicitor's costs but she won't get them.

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