BotLuckMate Posted June 18, 2015 Share Posted June 18, 2015 (edited) Hey guys, any advice would be appreciated. I'm being taken to a small claims court to pay a fee of 3,000 pounds for the acedemic year at university living in a landlords house. The reason I'm being charged this is because basically last year at university I was in the halls, in second year everyone usually moves into 5 bedroom houses. I was unsure who to live with, these guys on my street I hardly knew kept asking me to live with them, i was unsure and told them. They kept calling at my door and pressuring me to just live with them to fill up the extra space, otherwise they can't get the house. I kept telling them 'Maybe, I'll think about it'. Before I knew it 3 days later they had the landlord over to sign the contract forms for the house. They called to my door and told me to come over asap, I didn't really have a choice at this point so i went. The deposits for the house were 100 pounds each, I did not have the money with me at that moment since I was unsure still. During the 'meeting', he told us the basic house rules and that if one of us decides we don't want to live there after signing these forms, it's up to us to find a replacement otherwise we will have to pay the full year. I told him I had no deposit, although because there were 3 other boys there I didn't want to mention that I wasn't sure about this (the pressure was real). They paid the 100 pound deposit, I said I'd pay mine later and we all signed the forms (I immediately knew this was a bad idea). The landlord also mentioned that we were getting a 5 bedroom house but he didn't mind that there was 4 of us and would accept that only 4 pf us would be living in the 5 bedroom. Basically 1 week later, It's like the boys knew I wasn't wanting to live with them so i got my friend who was friends with them to tell them I'm not living with them next year (This was last May). He told one of the guys, they said right thats ok. I was then told by my friend that they had a replacement for me and another guy was living there. As I now thought this was sorted, I then proceeded on to getting a house with the people I wanted to live with. During the summer, I got no letters or anything regarding the fact I never paid the 100 pound deposit (As deposit is needed to be paid in order to live there) So ofcourse, I thought I was off the hook. During the year of university, the first payment for housing was due on October 28th, I did not recieve any letters or anything from that land lord regarding I had to pay anything or regarding the fact I wasn't living there or anything so I thought it was over. On nights out clubbing, I recieved threats from the boys from the house, them telling me it's my fault they have to pay the extra 3000 pounds, they made my life hell. I noticed that they had a replacement who wasn't there during the meeting that was now living with them, so I didn't get why this was any of my concern. Moving on towards the end of the year, I recieved a solicitors letter from the landlords solicitor stating that I didn;t live there throughout the year and owe him 3000 pounds and that I have one week to pay it otherwise I'm being taken to court. Ofcourse I wasn't going to pay this as I never even lived there or recieved any letter or warning throughout the whole academic year to why I wasn't living there..1 month later, I thought it was over and he was just chancing his arm to get the money, although I was wrong. I recieved the court date letter today and I am being summoned to court against him in the next month. NOTE: He also lied in the solicitors letter mentioning that I had paid my 100 pound deposit, which is false. So i'm assuming during court he will tell them this lie that I paid the deposit when I know fine rightly I didn't give this scum 100 pounds of my money! I also did not have a garuntour form signed by my parent to approve I was living there. Does anyone know where this will go? Will I have to pay this fee? I don't understand how even if they got someone else why hes still making me pay? He's just chancing his arm to get more money and using the fact theres a free bedroom space against me. PLEASE HELP!! Edited June 18, 2015 by BotLuckMate Quote Link to comment Share on other sites More sharing options...
The_Red_Flag Posted June 18, 2015 Share Posted June 18, 2015 I think you are fucked. You signed a contract saying you would pay that amount. Even without the deposit. Not paying the deposit makes it look worse, not better. Quote Link to comment Share on other sites More sharing options...
Appelflapjes Posted June 18, 2015 Share Posted June 18, 2015 (edited) Write everything down what you know, in case you get to do your story, you don't leave out details.When they don't have proof of something you clearly haven't done, it'll be your word against his (theirs?). Do not, in any case, get uncertain about your position. Keep the focus on the fac that YOU are the victim, not him. Good luck Edit: Do you have some kind of proof the contract didn't go as planned first? Because technically you signed it... Edited June 18, 2015 by Appelflapjes Quote Link to comment Share on other sites More sharing options...
BotLuckMate Posted June 18, 2015 Author Share Posted June 18, 2015 I think you are fucked. You signed a contract saying you would pay that amount. Even without the deposit. Not paying the deposit makes it look worse, not better. I kind of disagree, in order to live in the house the deposit has to be paid. It looks worse on his part as he didn't get in contact until the end of the year about this. If it was such an issue he would surely have contacted me regarding this when the first payment was due. Write everything down what you know, in case you get to do your story, you don't leave out details. When they don't have proof of something you clearly haven't done, it'll be your word against his (theirs?). Do not, in any case, get uncertain about your position. Keep the focus on the fac that YOU are the victim, not him. Good luck Edit: Do you have some kind of proof the contract didn't go as planned first? Because technically you signed it... I have bank statements showing I havent withdrawn 100 pounds during the period it was due. I also have a witness/friend who was amongst all this and told them I wasn't living there anymore. Quote Link to comment Share on other sites More sharing options...
slurge Posted June 18, 2015 Share Posted June 18, 2015 Honestly there is not much point posting here, the best thing you can do is make sure you save any conversations that you had with these people that wanted you to live with them and the landord (such as email, letters, texts, etc) and also make sure you have copies of your contract or whatever you signed. The next step is of course to lawyer up! Ask your family and friends for any lawyers that they use and trust. Quote Link to comment Share on other sites More sharing options...
BotLuckMate Posted June 18, 2015 Author Share Posted June 18, 2015 Honestly there is not much point posting here, the best thing you can do is make sure you save any conversations that you had with these people that wanted you to live with them and the landord (such as email, letters, texts, etc) and also make sure you have copies of your contract or whatever you signed. The next step is of course to lawyer up! Ask your family and friends for any lawyers that they use and trust. Man I don't have the money for a lawyer tbh. I don't have any texts/emails etc as all this was face to face conversation Quote Link to comment Share on other sites More sharing options...
Appelflapjes Posted June 18, 2015 Share Posted June 18, 2015 I have bank statements showing I havent withdrawn 100 pounds during the period it was due. I also have a witness/friend who was amongst all this and told them I wasn't living there anymore. Bank stats don't really show anything, you couldve withdrawn more than 100 at that time, maybe you had it in cash already. I'd suggest write down all facts down, and get as much proof you possible can (ofcourse...). Remember is you tell your story straight, with alot of details, without hesitation, it will be ALOT more convincing. Man I don't have the money for a lawyer tbh. I don't have any texts/emails etc as all this was face to face conversation Mails/texts to someone else to tell them you're doubting/not doing it? Quote Link to comment Share on other sites More sharing options...
BotLuckMate Posted June 18, 2015 Author Share Posted June 18, 2015 Bank stats don't really show anything, you couldve withdrawn more than 100 at that time, maybe you had it in cash already. I'd suggest write down all facts down, and get as much proof you possible can (ofcourse...). Remember is you tell your story straight, with alot of details, without hesitation, it will be ALOT more convincing. Ok man thanks for advice. I will be very nervous as I have never been in this predicament. Don't have any past criminal charges or allegations of paying rent etc on my record either. Bank stats don't really show anything, you couldve withdrawn more than 100 at that time, maybe you had it in cash already. I'd suggest write down all facts down, and get as much proof you possible can (ofcourse...). Remember is you tell your story straight, with alot of details, without hesitation, it will be ALOT more convincing. Mails/texts to someone else to tell them you're doubting/not doing it? Neither that, Just a few witnesses who lived with me that year which I told I didn't want to live there. Quote Link to comment Share on other sites More sharing options...
Comet Posted June 18, 2015 Share Posted June 18, 2015 I'm going into my second year at university in September, and this exact thing just happened with one of my friends. I've chosen to stay in halls, while my flatmates chose to get a house. They all signed the contract. One then decided that he didn't want to live with them next year, and signed another contract with the halls to come back in September. He cannot find a replacement for the house, and now has two contracts. He has to pay both. The same goes to you. Quote Link to comment Share on other sites More sharing options...
Appelflapjes Posted June 18, 2015 Share Posted June 18, 2015 Ok man thanks for advice. I will be very nervous as I have never been in this predicament. Don't have any past criminal charges or allegations of paying rent etc on my record either. No probs. Be sure to also mention that in court. Don't consider it of a test, but more of telling a story. Don't be that guy who loses the case because he's sweating/hesitating/mumbling/... 1 Quote Link to comment Share on other sites More sharing options...
BotLuckMate Posted June 18, 2015 Author Share Posted June 18, 2015 Ok man thanks for advice. I will be very nervous as I have never been in this predicament. Don't have any past criminal charges or allegations of paying rent etc on my record either. Neither that, Just a few witnesses who lived with me that year which I told I didn't want to live there. Like one guy I lived with who is going to be witness knows how much I was trying to avoid them, but they came into my house and kept knocking my room door. I even tried pretending to be asleep lol. I'm going into my second year at university in September, and this exact thing just happened with one of my friends. I've chosen to stay in halls, while my flatmates chose to get a house. They all signed the contract. One then decided that he didn't want to live with them next year, and signed another contract with the halls to come back in September. He cannot find a replacement for the house, and now has two contracts. He has to pay both. The same goes to you. Not necessarily though, the contract needs to go through via the deposit in order of completion and a garuntour form. I had neither, as well as that it was unprofessional on his part to not contact me in October regarding the first payment if this was going to be an issue..Theres alot of mistakes on his part too, not just mine. The fact he only contacted me after the year was over is an indication to how he's just chancing his arm I have a feeling the boys lied to him and paid my deposit behind my back. He said we won't be getting the house if one of us drops out, so why did he give them the house if he knew there was only 3 remaining? Quote Link to comment Share on other sites More sharing options...
