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lindyhop

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  1. Hi Andy I really do appreciate your time. from 8 onwards the claimant has not included anything in their POC about the major works. So i take your point about there being too much information as there is nothing to answer to at this point. The claimants POC sticks to the numerical amount outstanding and alleged breach nothing else. i have put the additional points in to show the judge that the case should be referred to FTT on grounds of unreasonable service charges, and not heard at the county court. If i do not give the judge reasonable grounds to consider transferring the case (by providing additional information) the judge may assume it is an ordinary money judgement case to be heard by him/her(?), which i want to avoid at all costs. In any event i will review the draft and try to be more succinct about what i am asking the court to consider doing. Grateful thanks
  2. Hi Andy yes it is. the way i have laid out my defence up to point 7 is in response to the claimants POC. for obvious reasons i would prefer not to publish the POC. but can give an outline below and hopefully this will help 1 who claimant is 2 details of the lease originator and remaining terms 3 lease covenants and clauses (accepted by me as correct) 4 covenant breach and amount claimed (not accepted by me and challenge as incorrect/unreasonable as stated reasons in my points 7-13) 5 legal costs claimed (i have found and will add section 20(c) to defence) 6 interest claimed its a relatively short document. Does this additional information help any?
  3. HelloHopefully there is someone on site that can help with this. Please see below first draft, is the below draft anyway near enough?. I would be grateful to receive constructive comments and/or suggestions on amendments as I am not sure that I have drafted this right and/or included enough information. Also any links on this type of defence drafting would be appreciated. The defence is in connection to a claim for major works. I am a leaseholder. I hope that the details include in the below draft defence explains the situation. I would also like some pointers on counting claiming. i.e. Do I need to counterclaim by the time my defence is submitted? can I include counter claim as part of my defence in connection with tort interference? I have approached a solicitor but them having had my documents for 3 weeks they still haven't got back to me to let me know if they can help. I appreciate that they are a busy company, but it's nearly time for my defence to be submitted and i do not want to wait until the last minute before having to seek alternative help. If I can submit a defence of some sort myself, it may give the solicitors the extra time they need to get back to me about my case(?) The fact that it's summer holiday time im sure hasn't helped? Grateful Thanks1. I, ............,the Defendant, is a leaseholder in a building containing .... flats ,at............ and which is now a Tripartite Lease.2. Save as specifically admitted in this defence, the defendant denies each and every allegation set out in this particular of claim.3. the defendant, received the claim form, Claim No: ................. from the.................... on ...........2019.4. the defendant denies that monies are owed to the Claimant as alleged in the Particulars of Claim5. The Claimant states in the Particulars of Claim that their claim is based upon the defendants failure to pay ground rent6. The defendant denies that they have breached the covenant referred to in paragraph (a) of the particulars of claim in that monies are owed in ground rent. On the .....19 an invoice was sent to the defendant by the claimant for ground rent/maintenance/insurance and misc etc. this document does not state that any ground rent are owed or in arrears.7. The defendant is unable to admit or deny the claim of breach the covenant referred to in paragraph (b) of the particulate of claim as The Claimant has failed to provide adequate information in response to the changes in the variation of the section 20 schedule of works.8. Under section 19(1)(a) and section 19 (1) (b)The Claimant has failed to provide details of how the service charge has been varied to enable me to properly assess my position with regards to the determination of the reasonableness of and liability of this claim.9. At the date of filing this Defence the Claimant has 'signed off 'on works never undertaken but specified as part of the section 20 schedule of works, and billed for.10. Section 19 of the Landlord and Tenant Act 1985 states that a service charge is only payable in so far Section 19 of the Landlord and Tenant Act 1985, which states that a Service Charge is only payable to the extent that the works or services are carried out to a ‘reasonable standard’ and in so far as reasonably incurred and represents value for money.11. Further section 19 of the landlord and tenant act states that if a leaseholder can provide sufficient evidence to suggest that costs were not incurred, but formed part of a service charge demand, then the burden of proof lies with the claimant to provide evidence that these costs were actually incurred. 12. Having varied the schedule of works bill by at least 10% in breach of section ……(?) the claimant did not have good reasons for the decisions they made in including any such cost on the basis that these costs have not been incurred as the works were not carried out, and/or carried out all works to a reasonable standard or reasonably incurred and or that in order for works to be classed as a ‘repair’ they must be a response to ‘disrepair’.13. On the ........2019, the defendant made the Claimant aware in writing and provided photographic evidence of poor workmanship/work not completed/damage to my sole demise area to date not all of my concerns and queries have been responded to14. From the 1st October 2014 all professional property managers are equired to join one of the three Government approved statuary Redress Schemes:despite repeated request the Claimant has failed to provide information on their complaints procedure and information on which redress scheme they have been obliged to register with.15. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed. further if a Lease allows for a type of cost to recharged, that does not automatically mean that the amount which is charged is reasonable.16. the defendant requests the court orders the Claimants to provide the necessary documentation/evidence in response to my original queries in order for me to fully plead my case else the Claim should stand struck out.I7. In the event that the relevant documents/evidence are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.18. It is denied that the Claimant is entitled to the relief as claimed or at all.Statement of TruthI believe the facts stated in this defence are true.
  4. Hi Andy Many thanks Exactly what i needed.
  5. Hi Looking for help to write a letter to the courts, following agreement by the other party (claimant) to allow an extension so that i can formalise my defence.
  6. Hi Grinchy Please be careful here and read up a bit more on this issue, and/or report back on your experience/outcome, because....... if this was a water bill, it runs differently as they are currently allowed to have a rolling default. IE defaulted in 2013, no payment. new bill 2014. new billed amount added to existing default. no payment. new bill 2015. new billed amount added to existing default. ETC When sending out each new bill for the next financial year, the water board state on the bill that they are including the new amount owed onto the existing default. and what is worse is - because it is a rolling default the original default does not drop off your credit report after 6 years (+ 1 month) Information about how this works can be found here. 'Water Companies CAIS Reporting Guidance Final May 2012' i understand from a post on another site that someone is trying to get clarification on this from the ICO, but no update as yet. All seems outrageous to me. but that is my understanding of the situation. Anyone else on here had the opportunity to have read this report, or aware of the update as a review of this special privilege afforded to the water companies should have take place last year?
  7. There you see DX What a bonus. Any confusion on my part has proved useful. Others seeing this thread along with myself will note the valid points you have made about the difference between the mortgage debt and store cards debt. Patient and conducive points will always be welcomed because of the help and clarification they provide. Most of us on here, are here to learn which is why the willing sharing of knowledge and information is such a good thing (when not conveyed in an attempt to 'put down'). Many thanks DX
  8. DX I do know that, but wanted to demonstrate to other readers of the thread that they may also have an outstanding point, which can be useful when users are reading threads on points of research. a positive and helpful attitude is always best don't you think DX, especially with encouraging users to carry out further research and/or obtain answers - i was not attempting to take over this thread but raise a point that others could possibly use.
  9. Hi DX with my own case and having checked the log provided by Next, and received their SARs docs, there is only a copy of a letter of threat to report to CRA if debt not cleared, (which took repeated demands for them to produce and which i suspect has been created latterly) no copy of DN, and no mention in their log that a DN was sent. however reported to CRA. Hence my query on the correct procedure for reporting to the CRA.
  10. Quick question with ref thread 2. if nram had not issued a default notice, does that mean they cannot/should not default you to a CRA?
  11. bg tried to order me to set up DD stating no longer do bso's. i refused point blank, ended being late with payments, so had to enter an arrangement. wrote in and asked for their bank acc details - provided, used this and my ref number to set up bso. bg get their money, but I'm still in charge and can budget accordingly. all done without the need of a bg mandate form. alt, you could set up a monthly bill payment - you maybe able to arrange this with online bank acc.
  12. Hi WW I understand that there is a court case pending that may settle and set precedence on the SB argument. In the meantime i follow your own thread with interest.
  13. check through their paperwork with a fine toothcombe. Next will try to fob you off with a doc that does not comply. a pre April 2007 true copy/recon can be problematic for the creditor, where enforcement via the courts is concerned (ccj). They can however sell the debt and/or try to chase for payment. If the paperwork they have sent does not comply and they sell on the debt or a dca sells on the debt, you can send Next or the dca a sold whilst in dispute letter. check on this site as to what should be included following a c/a request and what is, is not enforceable.
  14. Hi i fully understand about the 'letter tennis', but reply 3 talks about unenforcabilty which i needed clarification on - I'm still not clear from your response Dx does the selling on of a debt whilst CCA request is outstanding make debt unenforceable? Response from anyone in the know appreciated:-)
  15. Hi Kkatie I had to appeal a Lloyds complaint team decision recently. i took it to the CEO. He didn't respond to me in person but my complaint got upheld and in addition a cheque for £+ to cover the inconvenience was sent to me. Drop a line addressed to the CEO, you have nothing to lose, at least then you know you have tried everything to get your complaint looked at a bit more fairly and not being 'fobbed off' Send recorded delivery of course or if money is tight, use certificate of posting:-)
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