Outstanding Debt

[Scarlett]

Can someone please advise.

The tenants wrecked my property and lost their deposit but this did not cover the damage. They agreed to pay the outstanding costs originally rather than go to court, however they have now been to a solicitor who has one side of the story and has offered only one third of the amount.

I was going to write to the solicitor with evidence of damage and their agreement to pay but should I do this or should I go through a solicitor and have more costs.

[Richlist]

Why not claim thru the county court ( small claims court).

No solicitor required, add court fees to claim and providing you have all the necessary evidence to support your claim it should be successfull.

Send your tenants a 'letter before action' detailing costs you are claiming. Give them 14 days to pay and if they don't pay in full .....take court action.

Presumably you had inventories moving in & out, a protected deposit, no guarantor and the claim is under £5000 ?

[Carryon Regardless]

As best possible try to asses their ability to find funds, in other words your likelihood of getting them.

Their employing a solicitor indicates they have funds or are going to spend them all on him.

Without knowing all details and amounts an opinion is difficult here, suing in the court might be worthwhile but also might just result in you battling against lies and given sympathy and / or getting an award of £5 pm never to be seen anyway.

Negotiating through their solicitor and agreeing settlement, remembering the 1/3 is the 1st offer, could be a better result over all. A problem with dealing with their solicitor is that if you make a mistake with your terminology it could create their defence.

My fast thoughts are to negotiate twice their offer for a fast settlement, the courts often just halve your claim and leave you to cover your own expenses anyway.

As RL, do you have a check in / check out inventory ?

[Scarlett]

Everything was done through an agent and I have every piece of paperwork from them.

They were claiming maintenance wasn't done etc but every phone call is logged and every piece of information regarding their tenancy is on this paperwork showing this is nonsense. Also the agency did a pre-move out inspection and gave a list of contractors they should use to put right the damage to the house.

Claim is under £5,000

If I communicate with the solicitor should I avoid these details?

[Carryon Regardless]

If you are dealing with 'their' solicitor you've got to accept that he isn't going to act in your favour.

This could have dangers, he my pick up on any 'errors' to use against you, he is more experienced.

Using your own solicitor and very soon it 'may' become apparent that they are both acting to their own advantage, a possible catch 22.

If you negotiate showing your strength and confidence is good, be aware that recorded phone calls have limited allowance as evidence.

The lies have started, there may be more ahead. They clearly don't have good ethics.

There is little point hoping for more money than they have, hence the suggestion to assess.

Throwing good money after bad (solicitor costs just to get no or little return) isn't good.

County Court action along with a letter to them (you don't have to communicate with their solicitor) designed to support your case, could stimulate a response from fear ??

A Court would expect you to attempt to reach settlement rather than rely on the Courts efforts. Following a Court claim The Mediation Service is offered to both parties, this could be good in this case.

[Scarlett]

Thanks very much, really helpful. Will keep you posted on outcome.