Many thanks BazzaS, it is so good of you to post.

Yes I am now of the opinion that I must not start any stone throwing.

I am just so worried now that a Judge would wonder how on earth would the LL spend so much money if there was no substance to his claim?

The facts that have so far been presented by the claimants are frankly ludicrous and I have little doubt that it could not possibly stand in court.

Now that I realise that a Judge could find for a partial claim plus that the LL can still come up with some, so far unmentioned, "evidence" is becoming extremely stressful.

However, it still remains that I can prove that I did in fact undertake work so that must be very damaging for the LL.

I just wish that I would hear something from the solicitor.

I am still confident but not quite as much as earlier.

Thanks again and kind regards. -- tibar

May I ask what stage this litigation is at? I see that you filed your Defence, and I assume you have not yet received a Notice of Proposed Allocation from the Court?

Did you submit a Counter-Claim and pay the Court Fee?

As well as the points raised above you probably need to have a think about what you now want out of the litigation.

I.e. are you willing to make a settlement offer? If you submitted a counter-claim are you looking to recover all your monies paid for repairs? Will you fight this all the way?

Remember even a partial win is a win. If this gets as far as Court with the landlord claiming £24k, and he gets awarded e.g. £8k you'll still have lost and will be on the hook for his legal costs. This is a fast track dilapidation claim with expert evidence, that appears to have been going on for a while, so you'll easily be looking at legal costs of £15k in my opinion.

Very grateful for your post SuperVillain.

The case is at the allocation stage,

I have submitted a counter claim but I do not think I have done it correctly,

I have just claimed for my estimated costs.

I do not intend to claim for my expenses for my repairs and I do wish to fight it all the way.

I the Landlord (LL) dropped the claim I would probably let it all go.

I was in little doubt that I would win as the expert evidence which I have seen so far is full of contradictions.

The only piece of evidence is a Surveyors Report (SR) which was given to me, uncosted, two weeks after I had vacated the property.

A clause in the lease required the LL to give me at least 28 days notice of his repair requirements prior to my leaving, he did not do so.

When he gave me the uncosted SR which listed the requirements I hired a skip and with help from four people I completed the repairs as per the SR.

I then returned the keys and thought it was an end o the matter.

Two months later I received a demand from the LL solicitor demanding that I paid for the SR and two months rent as he claimed that he could rent the property.

I refused on the grounds that any delay was of his own making and that he had engaged the Surveyor not me.

This seemed to incense him as a few weeks later I received another solicitor letter for a ludicrous amount of money which the LL claimed he had spent to repair the property.

It seemed laughable at the time and I would add that the shop was in good order when I had first vacated, it was a Bathroom Showroom in a Town Centre and had to be in exellent order to attract customers.

I admit that I left various lighting, racks and fittings but they were in good order and could have been useful to a new tenant IMO.

The shop was in far better condition than when I initially took it on.

I refused to pay despite several more threats and then it all went quiet for more than six months, when, I received a letter from the LL solicitor telling me that court action had commenced.

Shortly after I received their evidence which was another copy of the SR which this time was costed and the costs corresponded with the amount claimed.

Strangely the costed SR stated the work was still required and was signed and dated two months after the new tenant was in the shop, absolutely crazy.

I was shocked that they had started proceedings but not too concerned until I now realise that a partial settlement could be awarded and that any more "evidence" could be considered from the LL.

It does seem unbelievable that the LL, a wealthy businessman, would pursue this matter and spend so much money chasing it but it is true.

I would also add that he would be fairly sure that I could not pay this and that I would be forced into Bankruptcy, I have very little assets.

He is obviously being vindictive.

am surprised by his Solicitor as she has failed to follow Law Society guidelines that state that a Letter Before Claim (LBC) should be issued and especially so in cases where the defendant is defending himself, this was not done, I hope that will annoy the Judge, should it come to that.

My evidence includes four signed witness statements and the dated official receipt for the skip, delivered and collected from my former shop. It seems absolutely ridiculous that the LL could expect a court to consider all of this false. The four witnesses have all agreed to appear at court if necessary.

That is a brief account of events and I would be most grateful for any views or comments.

Just another point, I feel that the SR could have been costed by the LL and not the Surveyor as I have requested this information from the solicitor and she has failed to answer.

I have now submitted a formal request to the LL solicitor.

To reiterate the initial SR was not costed and I can not imagine how a bona fide Surveyor could justify the outrageous costs.

would obviously insist that I am allowed to examine the Surveyor if it comes to court.

Thanks again -- tibar

Seems to me the dispute boils down to:

a - 2 weeks before you leave he gives you a list of things to fix

b - you fix them

c - he gets a costed surveyor's report and starts chasing you for money - what isn't clear here is whether he's saying the items aren't repaired at all, or not repaired to a satisfactory standard

d - you maintain that you repaired the items therefore the sums claimed are not due

The only piece of evidence is a Surveyors Report (SR) which was given to me, uncosted, two weeks after I had vacated the property. A clause in the lease required the LL to give me at least 28 days notice of his repair requirements prior to my leaving, he did not do so. When he gave me the uncosted SR which listed the requirements I hired a skip and with help from four people I completed the repairs as per the SR.

Did you agree with everything on the list at the time, and therefore address each item by repairing it? And, did you inform the landlord that (a) you were going to repair the items on the list and (b) that they had been repaired? If you have that in writing that will help.

What isn't clear (to me at least) is if the Landlord wasn't happy with the state of the property, has he since carried out the repairs on the list? If he has there should be invoices and this should be the basis of his claim. However there is no mention of repair invoices from the landlord, only the costed surveyors report.

You mention that there was a tenant in there two months after you moved out so presumably repairs have been carried out?

I think all will become clearer at the disclosure stage of the litigation, which is a little way off yet.

tibar, I think the key thing you need to bear in mind is that there is a specific court process which the applies to all cases. That process broadly works as follows:

- A claim is filed by the claimant.

- A defence is filed by the defendant.

- A directions questionnaire is completed by both parties.

- The claim is allocated to a court.

- The court gives directions. Directions cover whether permission is granted to use expert evidence, how evidence is to be provided (in small claims the parties are usually asked to exchange the evidence they intend to rely on in court 7 days before the hearing) and the hearing date.

- Both parties attend a hearing where the judge reviews the evidence and makes a decision.

It sounds like you are frustrated by the claimant and want to resolve this quickly. This is totally understandable. But you can't short circuit the process. Getting frustrated with the process is pointless. The process is set is in stone.

I am now understanding more of the issues and I am more stressed than ever. One of the problem is the LL solicitor does not seem inclined to respond despite me asking several direct questions.

You can't litigate a claim by arguing with the defendant's solicitors. The judge is unlikely to look at the letters you exchange with the defendant's solicitors. You should restrict your correspondence with the solicitors to negotiating any settlement offer which is made and sorting out procedural issues such as the logistics for exchange of evidence (when the time comes).

She stresses the need for me to respond within seven days but then takes weeks herself. I realise that she is acting for her client but on a website posted by the Law Society (LS) there is guidance for solicitors regarding dealing with Litigants in Person (LiP), she is not following them. When I have complained regarding no Letter Before Claim (LBC) or not mentioning mediation she merely states they are not obligatory. The LS guidelines state that a LBC is most important. I will have to hope that despite her apparent glibness she realises that she could be in trouble with the Judge.

They didn't serve a letter before action. If you win the case, at the end of the hearing you could allege that this is unreasonable behaviour which justifies a cost order being made in your favour at the litigant in person rate. To be honest that is the only relevance of failing to serve a LBA.

The whole claim seems to be an attempt to use court action as a weapon

This is exactly what court action is.

no evidence such as receipts or invoices have been produced, now they can simply "produce" some and they will be considered by the court, it seems so unfair.

As I advised, the directions usually require each party to exchange evidence 7 days before the hearing. The claimant's solicitors do not have to give you any evidence at this stage. You also do not need to produce any of your evidence at this stage.

Yes it is stressful having to wait. But you do have to wait.

Remember that exchange of evidence and exchange of witness statements happens at the same time. If you provide your opponent with your evidence early, you are giving them an opportunity to take that evidence into account when preparing their witness statement. This is a bad move tactically.

It is usually better to wait until you have the opponent's witness statement. Your opponent will then look ridiculous if their witness statement clearly contradicts the evidence. Giving them your evidence now deprives you of that opportunity, since the witness statement could then be drafted taking your evidence into account.

The only merit of providing evidence early would be to try and encourage the claimant to settle the case, if your evidence is overwhelmingly strong. But it doesn't sound to me like this case is likely to settle so providing evidence early is pointless.

I have little doubt that the Judge would agree with the defence that work was done but now I fear that the Judge might conclude that I must have not done enough and find me liable for some of the claim. It is without doubt a personal issue and it would never have happened if the LL was a large firm. I do understand what you mean regarding accusations of dishonesty and I have refrained from making any such accusations in my submission to the court. However I have pointed out to the solicitor that as the LL is fully aware that work was undertaken by myself he was therefore being dishonest by claiming that no such work was undertaken. Do you feel it would be appropriate for me to mention, in future submissions to the court, that the LL harbours a deep resentment of myself, hence the reason for the claim, or would it make things worse, in your opinion? I will just have to hope the Judge ensures that the LL does indeed have to prove everything he claims.

The only thing the judge will decide on is whether you were in breach of the lease and, if so, what damages should be awarded for that breach.

The judge will not give a monkeys whether the landlord resents you or not. I suggest you focus on the real issues in the case.

Just another point, I feel that the SR could have been costed by the LL and not the Surveyor as I have requested this information from the solicitor and she has failed to answer. I have now submitted a formal request to the LL solicitor.

This is a waste of time. Realistically, the landlord's solicitor will not turn around and say "whoops I am sorry Mr Tibar my client's claim is rubbish". It is for the judge to decide the claim, not the landlord's solicitor.

My evidence includes four signed witness statements and the dated official receipt for the skip, delivered and collected from my former shop. It seems absolutely ridiculous that the LL could expect a court to consider all of this false. The four witnesses have all agreed to appear at court if necessary.

Yes, the witnesses will need to provide witness statements and it will be necessary for the witnesses to appear in court.

It sounds to me like the key issue in your case is whether you breached the lease by failing to leave the shop in good repair. You need to focus on proving as best you can that it was left in good repair.

Thanks SuperVillain

Sorry I realise I have not explained it very well.

The tale is a little long winded but I think it would explain things better and answer your points: I gave the LL two months notice, he was most disgruntled that I was moving to another shop just up the road and said words to the effect "iv`e been good to you, I did`nt think you would do this to me"

A Clause in the lease requires The LL to give me 28 days notice to undertake restoration/repair prior to me leaving, he did not give me any such notice or requests of any nature. I vacated and the LL then gave me the uncosted SR this was appox two weeks after I had left and therefore some six weeks late.

I hired a skip and did all the work listed on the SR and ticked it off as I went. This was two weeks after I was no longer his tenant. The LL had retrieved the keys from me when I left and he had to arrange each morning to let us into the shop and to call to close the shop. He is denying any of this took place!

I have witness statements from the people who helped me and a receipt for the skip which was delivered and collected from my former shop. I undertook the work myself with some help, I am a builder, I used my own materials.

Upon completion, to what I would call a good basic standard, the LL claimed the keys and I considered it was the end of the matter. The LL expressed no dissatisfaction at this point but it is fair to say our relationship had deteriorated.

Approx two months later I received a solicitor letter demanding payment for the SR and two months rent as he blamed me for a delay in re-letting, I refused as I considered any delay was due to the LL failing to follow protocol and that he had engaged the Surveyor, not me.

He then became incensed, (he actually threatened me in the street and told me he would Bankrupt me, however I realise that this is unsubstantiated so I have made no mention of it in any official missives)

I received a further demand and the figure had risen to a ludicrous amount, it was stated that the LL had paid that amount to re-let the shop. I am of the opinion that he has escalated this claim to such a ridiculous sum because I refused to pay the initial demand IE two months rent and the cost of the SR. I am almost sure he did no work whatsoever and if there was any it was nominal.

It is a small town and I had moved to a property less than two hundred yards away and I walked past the shop almost daily at this time and I still do, I witnessed no such work. After a few more solicitor letters which I robustly challenged all action ceased and I received nothing from the LL solicitor for more than six months, I was certain that it was over.

Then on Boxing Day I was in a Pub/Restaurant with some friends and the LL was also there with friends, we sat at adjoining tables as it was busy, no words were exchanged but my party were in good spirits and two of my friends were laughing rather a lot.

The LL kept glaring at me. and suddenly stormed out leaving his friends behind. Because of the nature of his departure I had a sense of foreboding and then on January 5, almost as soon as it was possible, I received a letter from his solicitor stating that a claim had commenced. There was no Letter Before Claim issued.

The only evidence up to that point had been the uncosted SR, then they submitted a similar SR but this time costed.

The actual costed SR for some unknown reason is dated and signed 12 March which is some two months after the current tenant took possession and it still states that the work is required,

this is totally ludicrous as the tenant was and is operating a beauty business and and had extensive and elaborate furnishing and fittings at her own expense before she opened, I know this to be true as she has told me.

The actual SR is very dodgy as one of the boxes states that the tenant has made alterations to the electrical system which needs rectifying,

I have asked the LL solicitor how could a surveyor be so vague and to elaborate as I would wish to examine him on the matter, no answer from the Solicitor, I have formally asked again.

There was no further evidence and no mention has been made by his solicitor that he holds any corroborating evidence of any work he claims to had done EG receipts or invoices.

This is now my worry because if he can somehow produce "evidence" it will be considered in court, I thought that what they had already submitted was all that could be submitted.

Also I thought that the amount he was claiming was considered by the court as all or nothing. Now that I know otherwise I am somewhat concerned as a partial claim might be awarded.

I know I have been rather lax in this matter. If I had studied the lease earlier and seen the LL was required to have given me 28 days notice of work required I could have refused to do any work whatsoever after I had left. Also I should have documented the work instead of just ticking it of on the uncosted SR, I obviously never saw this coming but I should have been more alert. It is causing all my family much distress. Sorry for waffling on a bit but it is difficult to cover it all in a concise manner.

Many thanks again, much appreciated any views and advice you have.

tibar

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Many thanks steampowered,

I sent my above post prior to receiving yours and you have answered much of my queries.

Just for clarity, I am at the stage where a Notice Of Proposed Allocation to the Fast Track (NPAFT) form has been issued. I had previously returned my evidence to the court and this form states as such it also states that copies have been enclosed to the claimant, therefore it appears that the claimants have my evidence, witness statements etc. I have not received any communication regarding this NPAFT from the claimants. It seems a little complicated to complete the form and return as it is somewhat unclear to me if the directives are for the claimant or defendant or both, I shall ring the court tomorrow for advice but I will probably have some more questions for here.

Fully appreciate your points of expectations from the LL solicitor and I will amend my thinking also about concentrating on the case being decided on if I left the shop in good order and not breaching the lease.

Kind regards. -- tibar

Many thanks steampowered,

 

I sent my above post prior to receiving yours and you have answered much of my queries.

 

Just for clarity, I am at the stage where a Notice Of Proposed Allocation to the Fast Track (NPAFT) form has been issued. I had previously returned my evidence to the court and this form states as such it also states that copies have been enclosed to the claimant, therefore it appears that the claimants have my evidence, witness statements etc. I have not received any communication regarding this NPAFT from the claimants. It seems a little complicated to complete the form and return as it is somewhat unclear to me if the directives are for the claimant or defendant or both, I shall ring the court tomorrow for advice but I will probably have some more questions for here.

 

Fully appreciate your points of expectations from the LL solicitor and I will amend my thinking also about concentrating on the case being decided on if I left the shop in good order and not breaching the lease.

 

Kind regards. -- tibar

The Court cannot, and will not, give you legal advice or help you fill in the forms unfortunately so don't waste your time.

The draft Directions should be agreed between the Parties beforehand ideally, failing which both sides submit their own and the Court will have the final say.

When do you have to file your Directions Questionnaire and draft directions by? The Court Order should give a date.

After reading your post 68, I would say, please consider carefully the points in Steampowered's post number 67. At the moment focus on preparing your draft directions and directions questionnaire. DONT MISS THE COURT DEADLINE.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part28#28.3 - this is CPR 28.3 - that details all the things that your fast track directions should deal with. Also see practice direction 28 paragraph 3.12 which suggests the timetable that the steps should take.

Basically your draft directions will be along the lines of:

1. Case allocated to Fast Track

2. Parties to give each other standard disclosure by list no later than [Date]. Requests for inspection must be served within 14 days, and requested documents must be provided within 14 days.

3. Claimant has permission to rely on the report of [surveyor's Name] dated [Date of Report]. Defendant may raise written questions to the expert no later than [DATE] which must be answered no later than [Date +21 days].

4. Parties to mutually exchange witness statements no later than [DATE].

5. Claimant may file and serve update schedule of loss by [DATE].

6. Defendant may file and serve a counter-schedule of loss by [DATE].

7. Pre Trial checklists to be filed at Court by [DATE].

8. Trial listed in a 3 week window beginning on [DATE] with a time estimate of 1 day.

Do not just copy and submit the above to court - no doubt some parts will need amending...

Hello Tibar, as this is a fast track case rather than a small claims track case, the set date on which you and the claimant should exchange your evidence may be a bit more than 7 days before the hearing. This will depend on the directions.

Standard fast track directions are set out in the Practice Direction to CPR rule 28, available here: http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part28/pd_part28#I. This will give you an idea of what the directions will look like.

The directions set out what both parties are required to do in the lead up to trial. The main points are setting a date for the parties to exchange witness statements, arrangements for any experts that need to be instructed and a date for each party to exchange their evidence.

The parties are expected to prepare the directions themselves. The parties are also expected to liaise constructively with each other to try and agree the directions without needing to involve the court. The court will decide on the directions if the parties cannot agree them, but the expectation is that this should not be necessary.

The purpose of the directions is to provide for an efficient process leading up to trial. In particular the directions should state sensible dates on which the parties are required to exchange evidence with each other. The purpose is not to give one party a tactical advantage over the other and they have nothing to do with arguing your case.

As the claimant is represented, perhaps the claimant's solicitor should prepare the draft directions and send them to you for comment. It may be worth contacting them to see if they are going to prepare a first draft of the directions.

A copy of anything you send to the court should be sent to the other side as well. You should not send anything only to the court.

As you are worried that the court may make a partial award against you, you should consider making a settlement offer to resolve the case. Even if the offer does not get accepted, there is a tactical advantage to making the offer. You should read up on Part 36 offers.

You should also be aware that losing a fast track case would usually mean being asked to pay the claimant's legal costs in addition to the claimed amount.

Many thanks all,

Yes I will try to understand all that you are saying. At the moment my head is spinning however I willl set aside some time and study. No doubt I will have more questions but I am truly grateful for your advice.

Before I tackle the form (deadline is 3 April) incidentally. I would value opinion on my interpretation of a clause in the Lease.

One of the clauses states: -- "To remove any additional building additions alterations or improvements made to the premises at the expiration term if so required by The Landlord by notice in writing to the Tenant giving not less than one month prior to the determination of the term and to make good any part or parts of the premises which may be damaged by such removal".

am hoping that as the LL gave me no notice in writing one month before, or at any time prior to my vacating, that I can argue that it was the LL and not myself that has breached the Lease.

The first time I received any notice was when I received an Un-Costed Surveyors Report (SR) this was handed to me 12 days after I had left the premises (so at least six weeks late) and I had no access to the shop as I had returned the keys, I agreed to do the work listed on the Un- Costed SR.

This obviously gave me no opportunity to either engage my own surveyor or challenge the Un- Costed SR. I was in a hapless position.

Do you think that I might have a chance of arguing that it was actually not myself but the LL that has breached the lease by failing to give the stipulated one months notice in writing of any requirements he wished for me to undertake whilst I was still his tenant. I could and would have completed any list of his requirements if I had known them.

I understand that it will be up to the Judge but your opinions would be much appreciated.

Many thanks, as ever. -- tibar

As you say, the extract you have posted appears to only apply if the landlord gives you notice one month prior to the end of the lease.

I don't think you should express that in terms of the landlord 'breaching' the lease. The landlord didn't breach anything. He just didn't give you notice, so the clause doesn't apply.

Surely there must be other clauses in the lease which are also relevant, though? For example provisions around when you are permitted to make improvements and provisions around keeping the property in good repair?

Is that really the only part of the lease referred to in the particulars of claim?

Yes, you are right steampowered, there is a clause that states that I was required to keep the premises in a certain standard of repair.

One clause: To repair the interior (including fixed glass in the premises) and keep the interior of the premises in good and substantial repair and condition excepting damage caused by insured risk other that insurance being irrecoverable etc. Another.

To replace from time to time the LL fixtures and fittings which may become beyond repair at any time.

I can try to download the full Particulars Of Claim but it looks like my only option now is to argue that I was not afforded the opportunity to dispute the SR as it was given to me un-costed two weeks after I had left the shop and I had no access to the shop again until I did the work myself.

Also that some of the fittings I was required to remove were left in good faith as I genuinely thought they would be useful to a new tenant.

There were window lights, glass racks, a partition (two of the men that helped me restore took the lights and fittings as part payment, they were that nice)

The shop was in excellent condition, it was a Bathroom and Kitchen Showroom.

I did have a very expensive marble tiled floor fitted at my own expense some three years prior to leaving it is very impressive and it is still in use there today, could that be relevant IYO?

It is crazy the amount that is being claimed as the shop would have been derelict to justify £20k plus.

I can prove that I did the work but it is looking doubtful that I will escape without conceding something, after all the SR, though it is dodgy, would be hard to discredit completely plus of course I did the restorative work so in a way I am admitting that the shop was not fully restored.

If the Judge took the view that the claim is unjust but that I must have left the shop not fully restored then presumably he would find me partially responsible.

Thanks again so much steampowered, I cant begin to tell you how grateful I am.

it looks like my only option now is to argue that I was not afforded the opportunity to dispute the SR as it was given to me un-costed two weeks after I had left the shop and I had no access to the shop again until I did the work myself.

I think we are slightly jumping ahead of ourselves here. The basis of this claim seems to be breach of contract. The claimant needs to identify a term in the lease which it says you have breached.

You said in your opening post that "The landlord has since complained that I had not left the property in a good state of repair". So surely the crux of this case is whether you complied with the repair covenant in the lease, or not?

If you did comply, then you weren't in breach of the lease so no damages would be awarded. If you did not comply, then you were in breach of the lease and so damages will be awarded to put the landlord in the position he would be in if you had complied.

Also that some of the fittings I was required to remove were left in good faith as I genuinely thought they would be useful to a new tenant. There were window lights, glass racks, a partition (two of the men that helped me restore took the lights and fittings as part payment, they were that nice)

There is presumably a clause in the lease somewhere which deals with removing things at the end of the tenancy? In any event I can't imagine it would cost much to remove a few lights and a partition.

I did have a very expensive marble tiled floor fitted at my own expense some three years prior to leaving it is very impressive and it is still in use there today, could that be relevant IYO?

You don't get credit for this unfortunately.

I can prove that I did the work but it is looking doubtful that I will escape without conceding something, after all the SR, though it is dodgy, would be hard to discredit completely plus of course I did the restorative work so in a way I am admitting that the shop was not fully restored.

You have to try and think about this from the judge's perspective. The judge has never visited the premises and doesn't know what state it was left in. You will go before the judge and say the property was left in mind condition. The claimant will go before the judge and say the property was left in a mess. What evidence can you give the judge to convince him of your side of the story?

You could also get an independent expert to look at the premises and prepare a report, there is a section dealing with this in the directions questionnaire, although that might be pointless if the premises have since been refitted.

I did the restorative work so in a way I am admitting that the shop was not fully restored. If the Judge took the view that the claim is unjust but that I must have left the shop not fully restored then presumably he would find me partially responsible.

If the judge finds that the property was not left in a position which complies with the terms of the lease, the judge would award damages to put the claimant in the position he would be in if the lease were complied with. If the remedial work had already been done and paid for, then the claimant does not get further damages for that.

Thanks yet again steampowered,

Yes the POC states that -- Pursuant to clause 5 of the lease the defendant was required to keep the premises in a certain standard of repair. Then it lists the various extracts of clause 5 are listed.

They do not seem to be of great concern just general maintainance and decorating etc which I did. As stated, the shop was a showroom, I could not have lasted in business if it was squalid.

It seems the LL whole case is dependent upon the SR, most of which is easily challenged IMO as it is so far from the truth as is possible and vague to say the least.

If by repair it means that I would only need to prove that the shop was in excellent condition and not necessarily stripped back to bare bones then I think I can do this.

I have just had a thought. I was allowed to sell a certain brand of bathroom equipment and the rep from the firm came and looked all over the shop prior to allowing me to stock their items in my area, their stuff is quite exclusive.

I would have never in a million years have been allowed to stock their goods if the shop was other than A1. It is part of their remit that they look over the shop each time they visit. I still stock their items in my present shop and the rep still calls, would it be worth me asking her for an official letter from the firm IYO?

One of the items in the SR states that more than 120 ceiling tiles were either damaged or severely stained which is absolute tosh, there were fewer than 100 tiles anyway and apart from three or four being very slightly cracked they were immaculate, who would buy a bathroom for £10K from a showroom like that?

I genuinely thought they would be useful to a new tenant.

Another item on the SR states that I had altered the electrical system and that I rectify it, that does not make sense, no other explanation.

I would ask from what?

and to what?

Even what exactly is an electrical system?

How could he possibly know what the electrical system was like before I "altered" it?

Almost the whole SR is frankly a joke and it was un-costed.

I very much doubt that the Surveyor would want to turn up at court.

Beginning to feel a bit more upbeat now, I just hope I am understanding it correctly?

Thanks again steampowered and all who are helping. -- tibar

I was allowed to sell a certain brand of bathroom equipment and the rep from the firm came and looked all over the shop prior to allowing me to stock their items in my area, their stuff is quite exclusive. I would have never in a million years have been allowed to stock their goods if the shop was other than A1. It is part of their remit that they look over the shop each time they visit. I still stock their items in my present shop and the rep still calls, would it be worth me asking her for an official letter from the firm IYO?

If the firm is able to confirm that the shoproom was left in good condition, that would be helpful (although I'd be surprised if they would be prepared to confirm this).

Yes, I have contacted the rep and she has stated that it should not be a problem for them to state that the shop was always in an excellent clean condition. I have not asked her to state that it was left in that condition. However it would, hopefully, show the LL and the Surveyor are way out with the claim of £20000 and therefore, again hopefully, the Judge might believe my version rather than the LL.

Thanks again, as ever. -- tibar

Hello all,

Just an update on this case, yes you were spot on steampowered, it does take a great deal of time.

I have recently received an offer from the claimant solicitor offering to reduce the amount claimed from almost £25,000 to £5,000, quite a drop. in one go. It does however state that, upon acceptance, I would be liable for the, undisclosed, costs. I have refused to accept and instead have offered to accept £1,000 from them. They have also stated that it is not their wish for it to go to court, a bit late to say that as they instigated proceedings without notice and no mention of negotiation.

I have disputed all the items and costings on the surveyor report and have obtained a headed letter from my supplier attesting to the condition of the shop.

Would appreciate any views and opinions, as ever. I am starting to feel upbeat about it now as surely they must be concerned of losing to start making offers.

Many thanks and kind regards -- tibar

That is a staggering drop.

Is their offer a Part 36 offer? The reason I ask is that there are potential penalties in terms of the costs you will have to pay if they win at trial and beat their offer.

Have the Court set out any directions, or a timetable, for how the case will proceed leading up to trial?

Many thanks SuperVillain

There is no reference in the solicitor letter (part 36), it just states that they have a strong case but are willing to accept £5,000 plus costs.

I have received a Draft Directions and I have until 30 June to submit standard disclosure of documents. It then lists different timetables for forthcoming steps of procedure.

Another point has arisen and I would appreciate any help.

Is the claimant solicitor duty bound to show my letters to herself to the claimant?

The reason for this request is that I have now received an answer to my offer to accept £1000 from the claimant to settle the case, she has replied stating that the claimant rejects my offer to pay him the £1000.

he has completely misread my letter.

I had also stated that because she has failed to comply with pre-action protocol the claimant might well have the costs nullified.

I wished for the letter to be shown to the claimant as it could well cause discontent however I now feel she has not shown him as he would have noticed that the offer was for him to pay; it was very clear.

I know this is a strange one.

Regards as ever.

tibar

At post 63, you said you do not wish to claim for money you spent repairing the place.

So does the £1,000 relate to your estimated costs? In which case the offer isn't quite worded right. What you are seeking is for the Claimant to discontinue his claim and pay your costs. Realistically I don't think they will do this.

And as for showing him the letter, I don't think there is any legal obligation for her to show it to him. She can just advise him on the content. If he asks for it then there will be a professional obligation to do so.

Many thanks SuperVillain

Yes I agree I have probably worded the claim wrong. It was just a return of serve type of letter and I was testing the water after such a dramatic reduction. The unbelievable bit is that I have now received a reply from the solicitor stating that her clients rejects my offer to pay £1k to him. She has totally misread my letter. I have also found, and can prove, that the solicitor has made a misleading statement to the court, in the actual Statement of Truth on the claim form, she is very rattled.

Another very recent development is that they have outlined the details of the case again and this time they state that I did not complete all of the work, whereas previously it was contended that I completed none of it. This might bring the whole case into question. Things are, hopefully, unraveling for them. Any views, as ever, on this point would be much appreciated.

As to showing the letter, yes I thought as much. I thought if her client sees that she is struggling with the misleading statement he would kick off, I know him so well. I am sure she will not show him unless she has to. Would it be permissible/acceptable for me to send him copies to stir it up? I do not want to upset the Judge if it goes to court.

Thanks again and kind regards.

tibar

Don't get caught up in small technicalities at this stage. The statement of truth, if signed by the solicitor, should say 'the claimant believes the facts stated in these particulars of claim are true'. As such she is attesting to the Claimant's belief in the content of the document.

As for sending him documents directly, it's bad form to do so when you know he has a solicitor instructed. If you were a solicitor it would be a breach of the code of conduct to communicate directly with a legally represented party.

Coming to what you do next. You may want to write to the solicitor to clarify that you weren't offering to pay £1,000.00 and that your suggestion was for them to discontinue their claim and pay your costs.

To be honest I don't see the point of engaging in letter tennis with them at this stage. Nothing has really changed since you filed your defence. So, my inkling would be to wait till disclosure, see what they disclose and take it from there. In the meantime you could start preparing your disclosure list and gathering your documents together. The relevant Court form is the N265 'List of Documents: Standard Disclosure' and you should be able to download it from the MOJ website.

Another poster on here may have a different suggestion, but that's my view.

Thanks again SuperVillain,

Yes I shall do as you suggest and study the documents and forms.

Regards, as ever.

tibar

Another update and three questions, if I may. I have now received a letter from the Court naming a day for the hearing, not the case itself. I will go to the hearing however I would like the case itself to be held at another court and I shall make the request. The court I would prefer is considerably nearer, geographically, than court of the hearing but it is in another county whereas the hearing venue, and the claimants preferred court, is in the same county of the relevant premises. it is not a huge issue but any thoughts would, as ever, be appreciated.

It has all gone very quite from the claimant, I have sent two letters during June/July but I have received no response despite asking questions. Do I have to submit my full disclosure before or at the hearing? I have looked at various websites but I value the Cagger`s views very much. Finally in their last letter they stated that they would be prepared to have a "round the table" meeting at the solicitor premises, I declined to attend their office but I did state that I was fully prepared to attend any type of negotiation at a neutral venue; have I been a a bit too bolshie?

Many thanks and regards. -- tibar