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Belaflat

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About Belaflat

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  1. Had my day in Court today but not gone as hoped. The LL had a lot of his claims dismissed and of those allowed the Judge cut them by 50% for wear and tear, He said it was betterment and would not allow it. I faced a possible £3500 bill with costs but ended up with adjustments at £1550. The LL lied through his teeth and some of his claims were ridiculous. I produced pics of rising damp and the Judge said it looked like rising damp, he replied he didnt know but it was possible a dog in the house had used that part of the wall to urinate on. There had never at any time been a dog in the
  2. Did think it was a long shot. The paperwork also mentioned any other submissions to the court must be made at least 3 days before the hearing. Does this mean the LL could spring something else on me which I will have had no time to refute ? I have also located a couple more photos so was wondering if I could submit them as an addition to my current defence.
  3. Update. Have submitted defence denying liability together with photos I have which contradict his claims. Also submitted the letter from Fire Safety Officer stating they inspected the property and fitted smoke alarms. Hopefully little things like this will show him in a bad light. I have a Court date of 14th October with 2 hours allowed for hearing. The judge is apparently a bit of a consumer champion having made the papers when he found for motorists against private parking companies. http://notomob.co.uk/discussions/index.php?topic=2793.0 Since he also ordered the LL t
  4. Thanks steampowered. I will set to work on it. My original defence was vague as all he claimed was a sum of money due for repairs and lost rent as I was a guarantor and that was basically it. I stated his POC were vague and that's why he was ordered to resubmit his claim. Its still not much clearer although since he has now basically revealed everything he has got by sending all documents, photos, e mails etc in relation to the tenancy it gives me a better idea where to aim my defence. Bit concerned about separating liability for loss from amount of loss though. If I am found liabl
  5. He sent to me the same documents he sent to the court (see previous court order) which consisted of a statement from him together with a series of invoices and a load of photographs. The statement alleges I agreed for him to do all the work and send me the bill which is just ridiculous. He claims I said this on the final inspection...he wasn't even there. He has included all e mails sent which don't worry me as there are lots of things I asked for which he didnt do or respond to and therefore shows him in an un co-operative light. He backs up his right to charge for these items which in
  6. Have just received latest Court Order. It reads as follows. The Court noting that the Tenancy Agreement was in the name of XXXXXXX Property Services IT IS ORDERED THAT 1. The Claimants name be amended to Mr XYZ t/as XXXXXXX Property Services. 2. The Claimant will confirm what,if any of the amount claimed has been submitted as part of the form returns to HMRC by his accountant by the next hearing. 3. The defendant shall submit a fully particularised defence by 4pm on 17 August 2015. 4.Either party may apply to have this order set aside, varied or stayed, but s
  7. Have just called the Court and asked about my case. The person I spoke to asked me to drop them a quick e mail expressing my concerns and she would hand it to the District Judge as he now had the files for consideration today. Caught on the hop a bit as I am still very tired and the time available was limited but I have fired off a quick message expressing my concerns about the claim as I am still confused by his rambling bundle. I stated I did not believe he had complied with the order as I would still not be able to defend the case on a point by point basis due to insufficient det
  8. Will try and ring today...have been working all night so will have to set alarm to catch the office. According to the web site it's only open 10 til 2.
  9. The bundle was sent from the Claimant to me. Meant to add, he included clauses of his contract which he said he BELIEVED entitled him to claim for items such as future lost rent etc
  10. Hi Caro. The order was exactly as typed apart from a 2nd paragraph which stated " This order is made by the Court of its own initiative without hearing the parties ir giving them an opportunity to make representations. Any party affected by this order may apply to have it set aside, varied or stayed within 7 days of service upon them of this order." No mention of me putting in an amended defence.
  11. Well the deadline was yesterday at 1600 and he did submit more information but if it complies with direction I don't know. He sent a statement from himself claiming that I was denying being a guarantor but also that I had agreed to pay all his bills at the end of tenancy meeting. Since he wasnt there at that meeting I find that amazing. He also claims in that statement that since I had asked him if he had obtained quotes for all the works that must prove I agreed. He also sent bills from various tradesmen which I had already seen together with copies of all the contracts and ac
  12. Latest update (is anyone following this anymore, lol) Have today received copy of order from the Court that states... IT IS ORDERED THAT By 4pm on 22 July 2015 Claimant will send to the Court and to the Defendant an amended claim with specific detailed and particularised details of the dates and amounts claimed and legal basis for the claim to comply with CPR 16.4 and in default the claim is struck out. I defended on the basis he had not sufficiently particularised his claim as the demand suddenly went from an itemised bill to a general sum without details of what was bein
  13. Still not got any further with the Court other than notification it is being transferred locally. Spoke to my local Councillor who is helping me in all this and he tells me he attended an end of tenancy inspection for another friend (we formed a group on FB to share stories and try to help each other). The Landlord in this instance was politeness itself apparently, the tenant was gobsmacked at the change in him. In this case though, the Guarantor is being pursued for so called arrears which amount to charges that the tenant was unaware of. It seems the LL has got wind of the help I am bei
  14. Ok....have opted for Mediation. This should be interesting. Just another question though...since I also have a counterclaim, what happens to that in the event of mediation concluding the matter.
  15. Have received Notice of proposed allocation to the small claims track. Claimant has put he agrees to arbitration but I am thinking No...since he was not prepared to discuss when I offered him via e mail. (Solicitor says he will deny thing sand backtrack without any proof of conversation) Going for my day in court as I can produce photographs there...would not be able to with mediation.
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