Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


+ Reply to Thread
Page 2 of 2
FirstFirst 1 2
Results 21 to 32 of 32
  1. #21
    Basic Account Holder dontbeaguarantor Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2017
    Posts : 15 (1.89 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    Thanks Andy


    I have submitted AOS.


    I have altered the CPR31.14 request as follows, do you mind telling me if this looks ok?


    I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.
    Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following mentioned in your Particulars of Claim:

    1: The agreement as signed by The Tenants



    2: The agreement as signed by guarantors

    3: Copies of the letters sent and details of who they were sent to and when as mentioned in the particulars as “By letters and telephone callsicon from The Claimant requesting payment, The Defendants have not paid the arrears, leading to notification of litigation to the Defendants.”



    4: Details of the time telephone calls were made and who was spoken to as mentioned in the particulars as “By letters and telephone calls from The Claimant requesting payment, The Defendants have not paid the arrears, leading to notification of litigation to the Defendants.”



    5: A full breakdown of arrears and full details of which tenant each arrear pertains to




    6: A full and clear breakdown of cleaning, repairs and damages totalling £3206.10 Including photographic evidence and receipts.



    You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

    Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

    In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

    If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm this in your response.


    Yours faithfully




  2. #22
    Basic Account Holder dontbeaguarantor Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2017
    Posts : 15 (1.89 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    My daughter has just 'found' an email from a solicitor instructed by another tenant last year to the claimant and my daughter is CC'd. They are asking the landlord for a check out report or inspection form and also an incoming and outgoing schedule of condition, neither of which are forthcoming so I will request this also in CPR as item 7.


    Solicitor also notes that maintenance/cleaning company is owned by letting company. Is this allowed? Should I bring attention to the fact?


  3. #23
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Sep 2007
    Posts : 45,454 (13.01 post per day)

    Default Re: I've received a court summons for a rental I guaranteed



    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  4. #24
    Basic Account Holder dontbeaguarantor Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2017
    Posts : 15 (1.89 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    Thanks Andy. Feeling more positive now


  5. #25
    Basic Account Holder dontbeaguarantor Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2017
    Posts : 15 (1.89 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    Can I ask a question please? If any of the other defendants no not acknowledge the claim will judgement be entered against them automatically and would that mean I am off the hook?


  6. #26
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Sep 2007
    Posts : 45,454 (13.01 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    you have only uploaded 1 page of the N1 ..what does its state in the defendants address box on page 1 ?

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  7. #27
    Basic Account Holder dontbeaguarantor Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2017
    Posts : 15 (1.89 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    The box names 4 other defendants (none are me or my daughter) and says see list. We are listed in an attached list along with three others


  8. #28
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Sep 2007
    Posts : 45,454 (13.01 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    If you could possibly uploadicon it with the names obscured...just so I can see the way its worded

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  9. #29
    Basic Account Holder dontbeaguarantor Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2017
    Posts : 15 (1.89 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    Hello, N1 is attached. Thanks for looking

    Attached Files

  10. #30
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Sep 2007
    Posts : 45,454 (13.01 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    Many thanks....so your named on an attached list for service and also named in the particulars of claim.Has you daughter received a claim formicon also ?

    Are you in contact with the rest of the defendants ? It would be wise to tell all to acknowledge service and defend all.

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  11. #31
    Basic Account Holder dontbeaguarantor Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2017
    Posts : 15 (1.89 post per day)

    Default Re: I've received a court summons for a rental I guaranteed

    Thanks. Yes my daughter also has a summons, I have defended hers in the same way and yes I am listed in particulars and also on attached list of defendants.
    I'll contact those that I'm able to but one of the tenants (the one with all of the arrears in fact) is listed but the address for him is actually the rental property (obviously the landlord knows he has not resided there for 2 years) and he has apparently moved back to the USA so it's an impossibility that all of the defendants can acknowledge. This one also doesn't have his own guarantor, there are five tenants and 4 guarantors


  12. #32
    Basic Account Holder dontbeaguarantor Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2017
    Posts : 15 (1.89 post per day)

    Default

    Any advice on the non contactable tenant please?



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
We use cookies to personalise content and ads and to provide social media features. We also share information about your use of our site with our advertising and analytics partners. See details