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stunning101

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About stunning101

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  1. It is being held by the TDS and they will release the funds after we send the court papers that will be sent to us in the next few days. Both the Claimant and Defendants need to send these to get their proportion returned. I think we will still send a letter of complaint about the agent as overall they really caused a lot of these problems as had they been more professional the court hearing would never had been needed. The harassing is the last straw for us. The Landlord went completed on her advice and that was to take us for all we had (old school tactics) and it backfired on him. I actually felt sorry for him in the courtroom as he was totally unprepared and it was clear that this was not something that he actually wanted to do. The Judge saw through most of his/the agent's arguments and said they had been unnecessarily aggressive and exaggerated towards us.
  2. Hi all Court hearing happened today and I feel went well and was dealt with fairly. The only thing we were a bit annoyed about was because he won some proportion he got his expenses and court fees paid for: Point One: Claim £519.98 Won £250 Cost of Materials Only Point Two Claim £180 Won £0 Found he lied Point Three Claim £270 Won £110 Cost of Materials Only Point Four Claim £150 Won £0 Exaggeration of the situation Point Five Claim £180 Won £180 We had accepted that this point was valid all along Total Claim was £ 1299.98 Won £540 but was also awarded £80 Court Fees (He did have more fees that he paid about £260 in total) & £50 travel and £5 parking. His total award is £675 which means that we did well in continuing this route. I think the Judge was sympathetic towards us and the Claimant's conduct in front of the Judge was not that of a understanding Landlord. Additional information was the Agent submitted last minute information saying they wished to defend themselves from the statement about the forged documents (weird huh) and turned up at the court. The owner tried to get into the room by talking to the Clerk on numerous occasions. She came up to us before we went in and tried to harass us and we had to ask her to leave us alone four times. When the Judge was reading all the information and before the Judgement was made she did this again and we had to ask her to, again, leave us alone as she was harassing us. We wrote a letter of compliant to this Agent 7 weeks ago which has been ignored and wondered if we should include this new detail in the letter that we will write to the Ombudsman? Please note she deliberately tried to manipulate our case by writing to the Judge on numerous occasions and has always stated that she is impartial.
  3. Yes sorry I was too vague. He has sent lots of photos he claims he took at the end of November 2012. In order to prove the date he took a picture of himself hovering the mouse over the pictures and the date coming up as being 27th Nov 2012. I know this can be manipulated and I have sent the following to the Judge as it was ordered for all parties to disclose all information 14 days before the hearing date, he has failed to do this and has had 8 months to communicate with us: Dear Sir/Madam I refer to the above case. We received today by special delivery new information and numerous new photographs never seen before or submitted to either the courts or the defendants. We do not feel that this submission is honest considering the huge delay on supplying. The Claimant has failed to adhere to the Judge *******’s deadline informed to both parties in your letter dated ***** and ordered on the 26th of April 2012: The parties should send to the court and each other not later than 14 days prior to the hearing [a] written statements of the evidence of themselves and of any witness whose evidence is relied on in support of the claim or the defence and copies of any documents which they propose to rely on at the hearing. It is of utmost importance that the parties do comply with this direction. Otherwise, the court may consider whether the claim of a claimant who has not complied should be struck out. In light of the fact that the claimant has failed to adhere to this deadline along with the deadline of 14 days after the service date for the Particulars (submitted to us three months after the service date) and has failed to provide us with the detail of the claim within the considerable time period given in Judge *****’s order we find our defence has been compromised. We no longer have suitable time to prepare a further defence. He has withheld this information from us deliberately over the period of 8 months and we find this unacceptable considering our repeated requested for information outlined in our original defence included within numerous e-mail requests. The Claimant was aware of the basis of our defence as it is included in the lengthy e-mails that we send late last year and early this year so he has no reason to delay this submission. We attempted this communication, which as our evidence shows the Claimant ignored, to prevent this claim from going to the TDS or Courts. I respectfully request that the Judge and Court disregards this new information and recent photos as the Claimant has repeatedly missed deadlines and disrespectfully ignored Judge ******’s orders. The Claimant’s actions thus far have caused avoidable delays and cost to us in this dispute. We respectfully also ask that the Judge disregards the Claimant’s information on the mediation as he is not at liability to include any statements or ‘hear-say’ perceived by the Claimant. We feel that the Claimant has acted dishonourably in this case.
  4. Hi just to let you all know he has ignored Judge's order and submitted 12 new photos (hoovering mouse over to prove date) and loads of new information only a week before the court case. I have sent, via e-mail, a request for the Judge to disregard as he has deliberately done this all the way through this dispute. I am hoping that the Judge can see is character traits from these recent actions. Court case in a week, will inform of outcome.
  5. Ok I will leave it. I will update you on outcome. Be interesting to see if he does turn up or not!
  6. Hi Just to let you know that the Claimant has failed to adhere to the order made by the judge on the 3rd of May (documents and all witness reports etc to be supplied to the court and other parties not later than 14 days before the hearing date). He was three months late in getting the Particulars after the service date and two weeks late on the allocation questionnaire. Do you think I have grounds to ask this case to be struck out or should I leave it to be considered on the day?
  7. Hi More to this thread now: We used court mediation which failed as we could not come to an agreement on any figures or values. I would, however, recommend using the mediation as it was very useful and I could see it working in a lot of cases. We have finished our defense which is a bundle of e-mails, letters and photos. The deadline for this document to be received by all parties is this Tuesday. I am sending by recorded delivery to all concerned. My question is this - The Claimant has consistently failed to submit documents within the timescale required and has had repeated extensions from the courts. If he does not supply any further information can he 'surprise' us in court? If nothing is sent on Tuesday should I send another letter saying that I assume the Particulars are his only evidence? He claimed to have a witness but we have received nothing and I understood that he required permission from the courts to do this. Should I request this information? Thank you
  8. Hi Ganymede. I have scanned them today and am sending them. I am only sending the wage slips with commission to prove how much I get on average per week so they can work out my losses that way. Do you think they would want them all. Lots of scanning/copying otherwise! Thank you
  9. Our assessment was with a Dr and Physiotherapist who works on behalf of the Law Firm. We had to complete questionnaires detailing the symptoms and duration of time effected along with detail on how our life was impacted during that time. This is used to quantify the claim. I did discuss the commission and bonus I lost out on but did not give the wage slips and e-mail from my boss with the details. I am going to send this to the solicitor as I wish for them to be included. I feel that they will make up a large amount of the claim.
  10. We've had our final examination and are awaiting details of the compensation from the accident in pain and suffering and extra costs. I am also including my lost earnings as this is what has stung me the most as I had expected to earn these and since I was off for so long I lost a total of £4500 from bonus and commission.
  11. I apologize I copied from my e-mail communication his complete name and did not mean it to be a link. I gained his information on the thread that was talking about the S.O.S and where people got with complaining. As I understand it not many have been unsuccessful using this complaint process and now knowing what they do regret not taking it to a small claims court as once you complain via a Ombudsman body and have their decision then it's very hard to get anywhere in court. I feel that we have a valid case as their actions have been dishonest and illegal.
  12. We agree with your statements and were aware of the above points you have made. We were trying to make the point that the letting agent involved tried to persuade us that they were indeed completely impartial and were endeavoring to find a fair resolution to our dispute. At every juncture of our communication with said agent we made our feelings known that we thought them to be representing the interests of the landlord given their vested interests. The reasons we are angry with said agents is their attempts to mislead us, their lying to the courts which can be proven via written evidence and their forging of a document with our signature again provable in court.
  13. I will post the results on this page as I have just been for my final assessment and am sending all the documentation over the next few days so a figure should be mentioned soon.
  14. We have asked but I will ask again now we're further along in the process. I think our claim is small in comparison to some of the larger things that are being dealt with and that is why it has been hard to get advice as it's probably not worth the time arguing in some cases. Wondered if there is some sort of PI calculator or format to follow depending on time off/doctors apps etc. I've read a few other posts on here which are in the region of about £1000-£2000 for an injury that lasts for about 3-6 months with a full recovery so maybe a slightly higher figure than this?
  15. Hi All, We have a pending court case with our LL for the deposit of our old property that we let off him. He and the Agent acting badly during the end of our tenancy and I have proof that the Agent has lied and harassed us to get us to relent the deposit. I am preparing our defense for the court case and sent a letter to the Agent that read this on the 24th of May by recorded delivery: We wish to make a complaint about the conduct of ******. 1. We have found that you are acting on behalf of our previous landlord in recent court procedures in that you have provided services akin to that of a legal representative as detailed in our letter dated 24th of May 2012. 2. On our leaving of the property we received no written guidance from you about the end of tenancy. This led to a confusing time in which we repeatedly requested an exit survey considering our Landlord’s concerns. This was ignored and your employee ****** made it clear than considering ****** did not manage the property you could not be involved. 3. The supply of a previous signed document being sent to us as an original which you later explained to be an office error. We feel that this practice, along with your recent involvement, leads us to believe that you were never impartial during this process. 4. You rang us repeatedly in the evenings during January during a period our baby was only 1 month old and my husband was on paternity leave. We requested that communication needed to be in written form yet you repeatedly ignored this and continued to telephone us. We found this extremely stressful. You stated in your last communication that you have been trying to call us again during April 2012 despite our repeated requests for all correspondence to be in writing. We have not received these calls. We find these allegations of ignored communication to be untruthful. 5. We requested breakdowns and verification of invoices which you have not supplied and you have informed us that we do not have a right to request this. 6. After one month of trying to resolve this matter we escalated this to the T.D.S which is fair and reasonable thing to do as we had been ignored by the LL evident in the e-mail communication. You informed us that we had annoyed and angered our previous landlord in doing this and that you recommended he choose court action over the T.D.S. This was after allowing the T.D.S five weeks of involvement. This has subsequently delayed and increased costs to all parties involved. 7. You have supplied and worked as an adviser to our previous LL in that you have served the court papers, personally visited the courts and served his Particulars on his behalf. We feel that your involvement in this matter is a conflict of interest. 8. You stated in your last e-mail that you had already supplied the Particulars on his behalf and along with this had contacted us to make sure we had received this. We ask for proof of this as the method of service of this document must either be by recorded delivery or hand delivered according to CPR Part 7.5. We consider this to be an attempt to ‘blacken’ our character in front of the courts and that you are acting without integrity. 9. We feel that your involvement and actions have compromised your duty of care toward us as previous tenants. By acting on behalf of the LL we have consistently felt pressurized into giving up our deposit without clarified reason on 219 Seymour Avenue. 10. We never had a response to our last communication dated 18th of January 2012. Could you please process this complaint via your internal complaints procedure along with confirming which membership you hold either with the Members of The Property Ombudsman (TPO) scheme or the Members of the Surveyors Ombudsman Service (SOS). Yours Sincerely This, although signed for, has been totally ignored which to be honest is in keeping with the poor practice of this small Agent. I know through my own research that they are part of the S.O.S and wondered where I could take this complaint from here. Do I have an option to take them to court for malpractice or negligence?
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