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Duck24
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advice re: small claims court

Duck24, 15 September, 2009 at 12:35 Posted on Off Topic Posts 0 5

Hi all, need some advice! You may remeber I wrote a post about 3 months ago, but I will recap:

We rented a house from Feb '07 until Oct '08, while we saved a deposit to buy our own home. Our landlord was always a dodgy character. When we first moved in, we paid the rent in cash, he refused to let us set up a direct debit, so he collected the rent in cash at the end of every month. After 6 months of this, he then decided that we should have being paying the rent 4 weekly, instead of monthly. He claimed that because of this, he would have to keep our deposit ( a months rent) as he claimed we had missed a payment ( basically we were paying 13 months rent in a 12 month year!)

Our boiler then broke in the July, and I phoned him. We have a friend who is a plumber and he came and looked at it for us. He said the boiler obviously hadn;t been serviced in more than a year and it would need replaced. I told him this, he denied this being the case and blamed us for breaking it. He caled in his own 'plumber' who was a friend (and not a plumber) who replaced the boiler with an old one that he had at his house. After 'fixing' the boiler, there was black thick smoke coming out of the vent, which we reported, and he never took any action with.

So roll on October when we bought our first house. We gave him a months notice, he requested that he couldnt pick the keys up the day we were leaving, so to put them through the letterbox.

He then arrived on our doorstep about 3 weeks later in a threatening manner, accusing us of stealing his TV stand and bed (the house was partly furnished when we first moved in) I told him to come into our home and look, he did and admitted we obvisouly didn't have his stuff. (his son had previously picked up the tv stand and bed a few months after we moved in as we had bought our own.)

6 months passed, when we received a letter from the small claims court to say that he was making a claim against us for the following:

- He states that he had to pay £400 to have the house repainted

- he states we broke the boiler and had to pay £250 to have it fixed.

Now we know this is lies. We drove past out rented house and looked in the window, and the living room in still the same colour we had it painted (with his permission). The court hearing is next week and I'm so nervous as I hate confrontation (and the fact that I am almost 8 months pregnant). Does anyone have any experience of being wrongly accused? How does the judge decide what is lies and what is truth?

Thanks for any advice and sorry this is long.

5 replies

Latest activity by Quentin, 13 April, 2010 at 07:50
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    Beginner November 2005
    Skittalie ·
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    Was there no tenancy/rental agreement at all? Do you have anything written down? Did you take any pictures of the house when you left? did you get a cleaner in to give it a clean, is there a receipt?

    Get a written and signed statement from your plumber friend about the state of boiler that was in the house, to take with you

    Make sure you write down everything that happened when you lived there, how much was paid each month, about loosing your deposit when he changed the arrangement - make sure you can explain this very clearly as it really shows him up for being the dodgy bloke he sounds like!

    If suddenly he just decided to take you to court the court won't like that, small claims is meant to be a last resort, he has started off on the wrong foot with them already, hopefully he'll put his foot in his mouth bigtime. Maintain your calm and stay utterly utterly polite whatever he tries to say, when you get your chance to speak make it worthwhile.

    This is a really good site (I'm sure you've seen it before) /law-and-courts/legal-system/small-claims/deciding-whether-to-make-a-small-claim/

    Good luck next week I'll cross my fingers for you?

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  • Duck24
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    Duck24 ·
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    Thanks skittalie.

    There was a contract, which he lost and asked us to resign, which we refused to do as we were already moving out. Our father-in-law helped us moved out, and we are hoping his word will be taken that the house was left in a decent condition. We didn't take any photos, as we didn't see the need at the time. there has also been 2 different sets of people who have lived in the house in the 6 months it took him to contact us. He never tried to phone us, or contact us in any other way bar this court letter.

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  • I
    Beginner October 2012
    irishsorone ·
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    I was at small claims court, but i was the one taking someone else there, but in my opinion its a whole big sham! Basically, a dry cleaners ruined my wedding dress! Anyway, they listened to both sides of the story and sadi that without solid proof they could do nothing! I also seen them tell another 2 people to just go and sort it out between themselves as they couldnt do anything! Its def not as stressful as it sounds tho, i was really panicing at the thought of court!

    Not sure if ive been any help really, i just think small claims court is a sham!

    Sorry

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  • Duck24
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    Duck24 ·
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    Thanks irishsorone, i'm sorry to hear about your wedding dress though. I'm just so angry that this man thinks we are stupid enough, and to make up all these lies. i'm trying not to get stressed for the babys sake, but it makes me cross!

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    Beginner October 2012
    irishsorone ·
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    Here, Id probably be loosing the head, lol! Good luck tho, i will say tho that the judge wasnt impressed with the man from the dry cleaners because he went to lift my dress toshow it to her, she had to remind him that the dress belonged to me, and he kept interrupting me! Always be polite and rise above the other person, no matter how hard, lol!

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    Quentin ·
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    It is quite obvious that Free Public Court Records site was given a great deal of consideration before it was developed. If you are looking for anything that has to do with the courts in Pinal County, Arizona, you should be able to find timely and accurate court information quickly and easily in an organized and well displayed manner.

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