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Filling in a N9D form


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I am helping a friend who has received a claim.

 

They have to fill in an N9D form based on the allegations in the particulars of the claim, now the N9D says to supply your defence.

 

The problem we face is, the allegation is vague and does not offer ANY evidence other than to say that the claimant 'has' evidence.

 

It is difficult to write a defence against an allegation that does not present evidence, and therefore is just an allegation?

 

The claim is from a previous tenant claiming the landlord withheld a deposit for rent arrears (some £3,000) when it was actually withheld for damage to the property (over £2,000 of damage)

 

Literally it say, "xyz owes me £700 for illegally withholding a deposit for rent arrears which it cannot be used for"

 

The defence is really, "The £700 was withheld to cover the £2,000 worth of damage cause (full evidence available)" and has nothing to do with the rent arrears for which a count court has already made judgement against you, in our favour"

 

 

SO, my question is, do they just write a defence to the allegation on the basis of not evidence being provided as the claimant claims to have full supporting evidence that the money was withheld for rent arrears?

 

After reading some other threads, I belive the defence should start something like:

 

 

I, xxxx xxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxx xxxxx.

 

Save as specifically admitted in this Defence, the Defendant denies each and every allegation set out in the particulars of claim.

 

 

 

But unsure of what detail to go into about an allegation without evidence?

 

 

Any advice is much appreciated.

 

Thanks

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When do you need to have the defence submitted by ?

 

I will try and find someone who can help.

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Can you confirm that the following is EXACTLY what is on the claim form ?

 

 

Literally it say, "xyz owes me £700 for illegally withholding a deposit for rent arrears which it cannot be used for"

 

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If the claim was issued through Northampton (MCOL) then there is no requirement to present or attach any evidence at this stage...that will come later at disclosure once a defence has been submitted and the claimant wishes to respond.

 

So your response defence should be of the same manner...you go into detail later with your witness statement.

We could do with some help from you.

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The defence is required by 7th feb 2015.

 

There was more in the particulars, not much more but i will add this later today.

 

Just googling and noticed the claimant should have sent a letter before action. They have not done this so the claim is very vague and we have no logical idea why this claim was made?

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The claim was recieved via mcol. My friend was out of the country when it was served and arrived home on the evening of the day the response deadline was due. Mcol assisted in getting a respone deadline extension by requesting an acknowledgment of service. This was accepted and a defence is now required by 7th feb.

 

As stated in the last post, no letter before action was sent, no communicafion at all. This is totally out of the blue.

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More questions :)

 

Couple of things I would ask to help since this is to do with Tenancy Deposit:

 

1. Was the Deposit referred to Protected in one of the TDS Schemes?

 

2. If Deposit was protected was the Tenant given the relevant info of the TDS scheme

 

3. Did You or the Tenant raise a dispute with the relevant TDS Scheme for the amount to be returned to Tenant?

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Uploading documents to CAG ** Instructions **

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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A very short Defence which just says that you were entitled to withhold the Claimant's rental deposit because the tenant breached their lease agreement by damaging the property, should be enough. There are no magic words you need to use. It might be good to just have a sentence or two describing the damage.

 

 

As this person caused £2,000 worth of damage but the claim is only for £700, your friend might want to think about doing a counterclaim for the remaining £1,300. A counterclaim can be done at the same time as the Defence.

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Sorry for the delay in replying,

 

Yes, the deposit was protected in a TDS scheme

The tenant had full details of the TDS scheme

The tenant did not raise a dispute with the TDS scheme.

 

 

In addition, the deposit in the scheme is only protected for 3 months after the property was vacated. The tenant has not made any contact for almost 10 months after vacating the property querying the withheld deposit although two formal letters had been sent to them at their address (at the rented property) explaining the reason for the withheld deposit. They had not redirected their post and refused to leave a forwarding address and at this time, had abandoned the property.

 

Any further advice appreciated.

 

More questions :)

 

Quote Originally Posted by stu007 View Post

Couple of things I would ask to help since this is to do with Tenancy Deposit:

 

1. Was the Deposit referred to Protected in one of the TDS Schemes?

 

2. If Deposit was protected was the Tenant given the relevant info of the TDS scheme

 

3. Did You or the Tenant raise a dispute with the relevant TDS Scheme for the amount to be returned to Tenant?

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