Cash payment. T claiming more than paid

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    #16
    Originally posted by intelligence69 View Post
    Did you have a witness with you when the initial monies were taken?
    Unfortunately I had noone with me at the time, otherwise it'll be much easier, but the good thing is that he did not have anyone with him either.

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      #17
      Originally posted by VictoriaLL View Post
      Now knowing the nature of this person I am quite sure he will 'loose' the receipt and I have no other copy, so slightly concerned with that.
      I don't understand what you are concerned about exactly. You're saying he paid some rent in cash and you gave him a receipt to that effect.

      Are you worried he will claim the cash was not rent but a deposit? If so, he'll have to prove he paid you a deposit. It is not enough not to show the receipt you gave him. I presume you also have records showing sums received from T equal to the rent due for his tenancy.

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        #18
        I am worried that he will say that he gave more money than actually did and will not provide the receipt, and as per above I do not have a copy.

        His claim is that he paid more than i received. I think though that this is not something small claims court is going to deal with, to me it sounds like a criminal offence.

        What he is alegedly doing now is submitting the claim for 3 x deposit and as he said claim for 'failure to provide Gas and Electiricity safety certificates in accordance to housing act 2004 and the Safety Regulations 1998'.

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          #19
          Originally posted by VictoriaLL View Post
          I am worried that he will say that he gave more money than actually did and will not provide the receipt, and as per above I do not have a copy.

          His claim is that he paid more than i received. I think though that this is not something small claims court is going to deal with, to me it sounds like a criminal offence.
          It it up to T to prove he made any alleged payments, not for you to prove he didn't.

          You haven't committed a criminal offence in not receiving the money he claims to have paid you.

          What he is alegedly doing now is submitting the claim for 3 x deposit and as he said claim for 'failure to provide Gas and Electiricity safety certificates in accordance to housing act 2004 and the Safety Regulations 1998'.
          As I said, he has no grounds for a civil claim for compensation for you failing to show him the certificate, for the simple reason that he suffered no loss as a result of this failure. No loss, no compensation.

          If he claims for deposit non-compliance, he will first have to prove he paid you a deposit. If he didn't pay you any money as security, and all he paid you was rent, then his claim is almost certain to fail.

          I think you are worrying too much. He may never issue the claim. Personally, I would write to him and politely tell him either to proceed with his claim or leave you alone (keep a copy and proof of posting). Don't waste your time on any further communication with him. He sounds like an idiot and a tyre-kicker.

          In the event that you do receive a claim, post back on this thread. Remember that if he names you personally as the defendant (and not the limited company which is the landlord/owner of the property), your defence is simply that you are not the landlord/owner, and ask for the claim to be struck out.

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            #20
            I surely will post the update as this is quite an interesting situation =)

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              #21
              Hello,

              just a quick update on this case. I recently received an email from the T stating that he will not be taking matter further. What a relief!

              I suppose he got an advice and was told that there is very little ground for this.

              Thank you all for your help and advice it surely helped not to panic at the time.

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                #22
                Thanks for the update. Glad to hear it's all over.

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                  #23
                  spam reported

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