Anyone any experience with small claims?

First.Aspect

I do think a local authority is hugely more likely to do the right thing than a private landlord, mind you.

TheBigBean

First.Aspect said:

surrey_commuter said:

First.Aspect said:

surrey_commuter said:

First.Aspect said:

Your problem is that the landlord hasn't made a mistake and you are asking them for money. They might help you, but they may quite reasonably decline.

How much money are we talking about here?

I can not see how they can "reasonably" refuse to return money that was incorrectly paid to them.
I would expect a polite letter would see a return of the money, save any threats for later.
Our managing agent was a local estate agent, if similar could you go and see them?

Why was it incorrectly paid?

As I say, they may do the right thing. But I don't see how they are obliged to.

I mean if someone accidentally pays for my petrol at the local station having pointed to my car and pump number and I then drive off having been told by the petrol station owner that my petrol had been paid for, would that person get their money back?

how about you cancel your season ticket at the football but accidentally make a payment to the club. Is it a windfall for whoever sits in that seat or should the club return your money

The ticket is associated with the person, not the seat. This payment is associated with the flat, not the person.

It's a weird argument you've picked here.

First.Aspect

TheBigBean said:

First.Aspect said:

surrey_commuter said:

First.Aspect said:

surrey_commuter said:

First.Aspect said:

Your problem is that the landlord hasn't made a mistake and you are asking them for money. They might help you, but they may quite reasonably decline.

How much money are we talking about here?

I can not see how they can "reasonably" refuse to return money that was incorrectly paid to them.
I would expect a polite letter would see a return of the money, save any threats for later.
Our managing agent was a local estate agent, if similar could you go and see them?

Why was it incorrectly paid?

As I say, they may do the right thing. But I don't see how they are obliged to.

I mean if someone accidentally pays for my petrol at the local station having pointed to my car and pump number and I then drive off having been told by the petrol station owner that my petrol had been paid for, would that person get their money back?

how about you cancel your season ticket at the football but accidentally make a payment to the club. Is it a windfall for whoever sits in that seat or should the club return your money

The ticket is associated with the person, not the seat. This payment is associated with the flat, not the person.

It's a weird argument you've picked here.

I'm not sure that it is. If I pay for my season ticket, for me, and I haven't got a season ticket, it isn't validly paid. And nor is anyone else's.

If I pay someone else's tax, or shopping bill for them, it is validly paid.

The question of whether I intended to, or whether the recipient could have known, is separate.

The problem is still that the landlord currently isn't owed money, and the OP is asking them to put themselves in a worse position as a consequence of his mistake.

The current tenant has paid what he's been asked to pay by the landlord.

The morality of the whole situation genuinely might not come into it.

Longshot

Sure - you're probably right. What the f**k would I know - it's only my job.

TheBigBean

Longshot said:

Sure - you're probably right. What the f**k would I know - it's only my job.

Your value added has been noted by the OP.

First.Aspect likes an argument, but has chosen poorly here.

First.Aspect

Longshot said:

Sure - you're probably right. What the f**k would I know - it's only my job.

You said money was being held in trust. The OP says he's paid a service charge on the flat by mistake. I don't think a service charge is held in trust. Am I wrong about that?

Ben6899

Update.

Freeholder/LA advised that because the Service Charge account has been legally transferred to our buyer, the funds in there are legally theirs and not the LA’s to refund from.

They advised that to do so they would need to seek - and get - authorisation from the buyer to withdraw funds from the account to then pass to us.

The best course of action, therefore, is to go through our solicitors and have the funds passed over privately / via the solicitors.

So we asked (didn’t instruct, we’re not paying a fee for this closure) our solicitor to speak to theirs.

Both solicitors agree it’s a black and white case, but the buyer’s solicitor is having to continually chase the buyer for the funds… with no success so far.

Failing this, we will be going through Small Claims, as advised by our solicitor without any prompting from us.

surrey_commuter

Ben6899 said:

Update.

Freeholder/LA advised that because the Service Charge account has been legally transferred to our buyer, the funds in there are legally theirs and not the LA’s to refund from.

They advised that to do so they would need to seek - and get - authorisation from the buyer to withdraw funds from the account to then pass to us.

The best course of action, therefore, is to go through our solicitors and have the funds passed over privately / via the solicitors.

So we asked (didn’t instruct, we’re not paying a fee for this closure) our solicitor to speak to theirs.

Both solicitors agree it’s a black and white case, but the buyer’s solicitor is having to continually chase the buyer for the funds… with no success so far.

Failing this, we will be going through Small Claims, as advised by our solicitor without any prompting from us.

I would write to them directly, if you hear nothing then write again saying you will start proceedings on a set date

Pross

One thing to bear in mind is that if you win the case you will still need to get them to pay up and the onus falls on you to chase this. That was where my own open and shut, uncontested case fell apart. There are various enforcement actions you can take but you have to pay up front for them and the cost then gets added to the bill. In my case I settled for taking out a CCJ against them and the satisfaction that it was hopefully giving them grief getting credit elsewhere, I think if you know where they work you can get an order that you get paid directly by their employer. Hopefully they'll just pay up when / if they get notified that the Court has found against them but from all you've said they seem like the type that will just ignore it.