Cash payment. T claiming more than paid

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  • VictoriaLL
    replied
    The contact was for 2 months only, therefore these sums were taken as rent and therefore no additional payment were ever received.

    But the T is stating that he submitted a 3rd payment, which in fact never happened.

    Leave a comment:


  • asquithea
    replied
    Originally posted by VictoriaLL View Post
    - 1 month deposit, which on the contract was actualy an advanced rent and was used for the last months rent payment.
    Erm, that does actually sound like a deposit. Did you protect it?

    Leave a comment:


  • VictoriaLL
    replied
    Just been in touch with him via email asking exactly what he wants to be refunded and why, and the reply was:

    - 1 week holding deposit for the property, which was actually counted towards the rent when T moved in. I done it to secure the deal, I suppose many LLs do that when the contract is not signed but you do cancell all the viewings and start the process.

    - 1 month deposit, which on the contract was actualy an advanced rent and was used for the last months rent payment.

    And some additional amount of £100 which I can not even understand what that is for.

    He stated that the claim is not submitted as he was trying to find my home address, which is strange as there is my company address on the contract and this is what I use for all the correspondence.

    Leave a comment:


  • westminster
    replied
    Originally posted by VictoriaLL View Post
    I see, i hope this will stop him, however will not be surprised if T will fake some papers to confirm it. I could not believe the claim on the first insatnce and have no idea what to expect now.
    Well, he can't fake your bank statement. If he tries to fake your handwriting on a receipt you might have to get a handwriting expert to be an expert witness (the judge would probably award you their fees if you won the claim).

    Ask again on here when and if you receive a claim.

    Leave a comment:


  • tom999
    replied
    If T does make a claim for 3x deposit; it's highly likely to fail if T has no evidence of deposit payment; and T will be liable for the substantial court fees. Also, if T fakes papers, then he may be found guilty of purgery.

    Leave a comment:


  • VictoriaLL
    replied
    I see, i hope this will stop him, however will not be surprised if T will fake some papers to confirm it. I could not believe the claim on the first insatnce and have no idea what to expect now.

    how frustrating!

    Leave a comment:


  • westminster
    replied
    T would have to prove the deposit was paid in order to make a claim.

    Leave a comment:


  • VictoriaLL
    started a topic Cash payment. T claiming more than paid

    Cash payment. T claiming more than paid

    Hello,

    I am in a quite difficult situation at the moment where T paid rent in cash and deposit was not paid, however now T is stating that he paid in cash as well and actually claims never received deposit back. Moreover he is apparently going to submit the claim to court for 3xdeposit!

    I never received these funds and have no idea what to do now as it was not mentioned anywhere. The contract stated that he is to pay deposit but does not actually clarify whether this has been done or not.

    If you have any ideas please let me know whether I will have to prove non receipt of the funds or T needs to prove the fact that the funds were paid. Help!

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