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Landlord withholding entire deposit

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  1. #51

    Join Date
    Jul 2019
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    Another update!

    This time I have found out that the landlord has indeed committed some kind of fraud.

    After 5 months, I have finally persuaded her to provide me with a receipt and invoice. She has only agreed to do this because essentially she has no choice - she has to submit these to me and to the court by the end of November.

    Looking at the invoice, I can see the company she has used to do the repairs is... <drum roll> ...

    Her husband's company.

    Yes. It is named after him. The contact phone number is his phone number that I have been Whatsapping.

    So she has a receipt that essentially says she paid her husband.

    Obviously I am happy to go to court with this, but the case won't be heard until next June! I haven't told her that I am aware of her despicable behaviour, not least because I'd quite like to expose it in front of a judge.

    What are people's thoughts on this? It is fraud, right? To obtain a quote from your own family (very dodgy due to the conflict of interest) and then to pay them (surely it means she has suffered no financial loss?!)

    Coolboy likes this.

  2. #52

    Join Date
    Feb 2005
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    Manchester, UK
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    7,796

    So till now the scumbag LL still has not given you back any portion of your deposit???


  3. #53

    Join Date
    Jul 2019
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    305

    landlord committing fraud

    So my landlord took my entire deposit to pay for some minor repairs in my apartment back in April. I had a long thread about it here, but the website recommends I start a new thread today because that one is so old.

    Basically there is some minor damage to one or two walls which can be easily fixed by painting over a few small areas where the paint has come off. There are some marks on the floors where furniture has rubbed away the finish on the (cheap) fake wooden finish on the tiles. I think this is fair wear and tear or at worst, they could be repaired by replacing some of the tiles.

    The landlord has charged me over 2 months' rent (37,000) to repaint all the walls and the ceilings and polish all the floors in the apartment. None of these had been repainted or polished before I moved in, although the apartment is only 3 years old now.

    I have taken the landlord to court as she refused to even communicate with me back in April and rejected all my offers to have my own repairman come and do the work.

    She and her husband also refused to give me any kind of invoice or receipt... until last week.

    We are at the court stage where evidence has to be submitted and she has to submit it to me and to the court by the end of November.

    Finally I now have the "invoice" and "receipt" from her. I noticed, in total disbelief actually, that the name of the company she paid to do the work is... her husband's own company. It's named after him and the contact number is his phone number.

    This is fraud, right? I mean, she has an invoice, from her husband, (conflict of interest surely?) and a receipt showing money was paid to his bank account. I also have proof she refused to allow any other company to do the work, including another firm who offered to do it for 10,000 cheaper (in any case I believe most of the "damage" is fair wear and tear, can could have been repaired for just a few thousand.

    I haven't confronted her with the knowledge that I know who owns the repair company as I would quite like to take it to court and shame her there. What do people think? It is definitely dodgy to charge me for using their own company to do the work, right?


  4. #54

    Join Date
    Dec 2002
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    Is the husband or his company registered as a contractor?

    https://www.bd.gov.hk/en/resources/o...isclaimer.html

    hike likes this.

  5. #55

    Join Date
    Aug 2012
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    Location Location
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    1,201
    Quote Originally Posted by njstone9:
    Another update!

    This time I have found out that the landlord has indeed committed some kind of fraud.

    After 5 months, I have finally persuaded her to provide me with a receipt and invoice. She has only agreed to do this because essentially she has no choice - she has to submit these to me and to the court by the end of November.

    Looking at the invoice, I can see the company she has used to do the repairs is... <drum roll> ...

    Her husband's company.

    Yes. It is named after him. The contact phone number is his phone number that I have been Whatsapping.

    So she has a receipt that essentially says she paid her husband.

    Obviously I am happy to go to court with this, but the case won't be heard until next June! I haven't told her that I am aware of her despicable behaviour, not least because I'd quite like to expose it in front of a judge.

    What are people's thoughts on this? It is fraud, right? To obtain a quote from your own family (very dodgy due to the conflict of interest) and then to pay them (surely it means she has suffered no financial loss?!)
    It might not be fraud. Maybe she had quotes from other companies, but finally decided to use her husband's company.

    If you can ask if she did receive competitive quotes before carrying out any work.
    Coolboy likes this.

  6. #56

    Join Date
    Jul 2015
    Posts
    60

    "her husband's own company. It's named after him and the contact number is his phone number."

    Have you done a company search?

    Coolboy likes this.

  7. #57

    Not very smart landlord...

    Does the quote state what the job is e.g. painting walls.

    Go back to her and ask her for the other quotes
    ( which she won't be able to produce).

    Also, is her husband's "business" registered as a limited company or a partnership or sole proprietorship ?

    Follow the money.

    You can make things complicated for her by asking the judge to ask her to show evidence that the money was paid into her husdand's business account?

    Don't suppose you could show us a copy of your dummy receipt (tel and name redacted )...does it look fake ?? Does the quote have a date ????


  8. #58

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    Jul 2019
    Posts
    305

    I searched for his company on https://www.hkgbusiness.com/ and I got the company registration number.

    It says it is a private company.

    I used the Chinese name of the company to get a result on Facebook and that is how I got the phone number, which is her husband's.

    I have searched on the website you gave using that registration number and it says nothing is registered. However, he did claim in a message to me he has his own repairing company.

    Maybe I am not using the website properly.


  9. #59

    Join Date
    Jul 2019
    Posts
    305

    I don't think the receipt is fake necessarily. It has a date on it but it could have been printed and stamped at any time; there is simply no way to tell.

    The fact that she refused to show me invoice whenever I asked for it, including when we had mediation, suggests there is something up with it. The top part isn't in the photo she sent but I presume it has the incriminating phone number in it.

    According to https://www.hkgbusiness.com/ the company is real and it says it is a private company limited by shares. I am not sure what I should do with this information though. I have no idea.


  10. #60

    Join Date
    Jul 2019
    Posts
    305

    I don't believe she did.

    My agent obtained a secondary quote which was for 27,000 (theirs was for 37,000). The landlord was not interested in this and never offered it to me as an option.

    When we met at the court, the clerk asked her why she had chosen the higher quote and she just said it was because she knew about that company. The clerk said this would not satisfy the court: she had to have a very good reason for insisting on the higher amount.

    She did not have any alternative quotes and only asked the agent for the alternative quote he obtained yesterday.


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