Big Shoooz
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Just a quick question requiring a quick answer please..... Can I just turn up at the hearing and orally put in my defence or will I still have to fill in and hand over the defence form?
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Thanks and what about this?:- "One more thing, this should be thrown out on just the Section 8 being on the wrong form so could I just put this as my defence but if the judge disagrees at the hearing can I then put forward my counterclaim?"
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Thanks Andy. I don't want to be facing extra costs if I can help it and the court papers say that I can defend later than the initial 14 days or even at the hearing but I may be charged court costs for the delay. I'm still deciding what to do for the best. However, if I complete the defence form, how much information do I have to give regarding my defence and counterclaim? There's not much space on the form to put in my full defence and claim. Can I just put a few words (eg: Landlord in breach of ****) and then explain fully at the hearing? One more thing, this should be thrown out on just the Section 8 being on the wrong form so could I just put this as my defence but if the judge disagrees at the hearing can I then put forward my counterclaim?
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Can anyone answer this please? Also, does the Section 8 notice have to have specific wording as per Form 3 which was released in December 2016? If so and my notice isn't identical then can this make the notice invalid even though it's been issued for a mandatory ground? Thank you.
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Thanks for your replies. Is it best to defend/counterclaim within the given 14 days or not do that and just turn up for the hearing? I'm worried that if I don't submit it within the 14 day deadline that it won't be dealt with at the hearing. This is a ground 8 reason.
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My landlord has issued me with a Section 8 for rent arrears for an assured shorthold tenancy. Would it be worth my while to put in a defence and/or counterclaim for the problems he has caused me which are:- 1. Not received deposit prescribed information 2. Harassment 3. No gas safety certificate (for many consecutive years!) 4. Disrepair (various problems from mould to repairs not being completed and from electrical points and wiring being unsafe to decrepit boiler) Would I defend or counterclaim these problems? Or would I be better off not attending the hearing and letting the landlord be granted the possession order and then starting a small claims case (although I have no idea what the monetary value of these things are so that's why I thought it would be better for the judge to decide at the section 8 hearing)? I can't get legal aid so I will be representing myself.
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Ok thank you for your answer, it was the answer I was hoping for. Thank you. The claim has been issued to two tenants. Does this mean that a defence form has to be submitted for each tenant because there is only room for one tenant to sign on the form? Can anyone answer please? Also, do I have to send copies of landlords claim form with my defence?
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I have received a N5B accelerated possession claim form. I have a couple of questions:- 1. Can the court claim be raised on the same day the section 21 expires (the last day of the S21 notice period) or does the claim have to be raised the day after the S21 expires at the earliest? 2. Can the Section 21 start date be a date before the date the deposit was protected? Also, when I send my defence to the court, do I only send my N11B defence form with any evidence I have to back it up or do I also have to include the N5B claim form that my landlord issued via the court? Hoping you can help!
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I've just noticed BWL have not sent me a copy of the 2nd page of their DQ where it mentions hearing venue, etc. Should I refrain from sending BWL the same page of my DQ?
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Ok thanks for confirming Andy. It seems it's the usual scare tactics then! What is likely to be the next stage once I send the DQ?
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Thanks Andy, that's very helpful of you (I think our posts crossed which is why I hadn't realised you had answered....I must have been distracted by the BW Legal letter I had just opened!). So at this stage, I definitely have NOT got a CCJ, it's just BWL trying to scare me?
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Strangely enough, postman has just delivered a letter from BW Legal and it's their copy of the Directions Questionnaireby which they have selected to use the Mediation Service. Should I do the same?
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So what should my response be to it? I've defended claims before and the claimants have just gone away and I've heard no more so this is the first time one has gone this far. Also when it says "serve copies on all other parties" am I supposed to copy everything that I send to the court and send to Lowell and BW Legal? Also, why would Lowell be defending when they and BW Legal haven't furnished me with the information I've requested by CPR and CCA?
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2nd June. Can I do it online?
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Sorry for late reply SabreSheep, I've had some more pressing issues to deal with and whilst I don't like keeping CAG waiting, I don't mind keeping Lowells/BW Legal waiting!! Here are my answers:- Name of the Claimant ? Lowell Portfolio Date of issue – 07/03/16 Date to submit defence = 09/04/16 (33 days in total) - [should be 8th claimform date is one of count] What is the claim for – 1.Claimants claim for the sum of £1500 being monies due from the defendant to the claimant under a Home Shopping agreement regulated by CCA 1974 between the defendant and Shop Direct Finance Co Ltd under account ref XXXXXX and assigned to the claimant on XX/08/2010 notice of which has been given to the defendant. 2.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. 3.Also claiming interest at 8% per annum. What is the value of the claim? £1750 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mail order catalogue When did you enter into the original agreement before or after 2007? Pass, Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. lowells Were you aware the account had been assigned – did you receive a Notice of Assignment? Pass, Did you receive a Default Notice from the original creditor? Pass, Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Pass, Why did you cease payments? Pass. What was the date of your last payment? Pass Was there a dispute with the original creditor that remains unresolved? Pass Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Pass Also additional information required. 1. What did you send back as your defence? The usual, denied, can't recall the debt, prove it and CCA and CPR requests not responded to 2. Date of service on the N180 Issue date is 16/05/16
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No hearing date yet, I have to complete form N180
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I have experience of receiving a court claim so I have done everything correct with regards to sending my defence on time and requesting CPR and CCA, etc, so not much point really going over all the details. The claimant is Lowell Portfolio. MCOL shows that my defence has been received and DQ sent to me. My Noddle credit report is not showing any CCJ's. Since this alleged debt is queried and not proven, I am unaware of assignments, default notices, last payment made, etc, which is why I have requested the Claimant to prove the debt. I'm just wondering if BW Legal are trying to pull a fast one by claiming that I have a CCJ when I haven't?
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I received a County Court Claim form for the above alleged Shop Direct debt in March and put in my defence in April. I have sent the CCA and CPR 31.44 requests but received nothing back. Now I have received a N149A Notice of Proposed Allocation to the Small Claims Track from the court and then a letter from BW Legal telling me my County Court Judgement is in arrears!! Surely if I put in my defence and the debt has not been proven then I shouldn't have a CCJ? Confused! Please help!
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I am shocked to find out today that a section 21 notice doesn't have to actually be anything more than a couple of lines on a letter issuing 2 months notice for my type of tenancy. I expected it would have to at least mention "giving notice under section 21 of the housing act 1988 that I require possession" and also to show a date that possession is required but apparently that is not so
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That sounds like a cunning plan but I'm not sure it's morally right! I believe if I inform the LL on receipt of the section 21 that it's not valid because my deposit wasn't protected then he will just go and protect my deposit and I will quite soon be in receipt of a new section 21, is that correct?
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LL is definitely selling to the open market. If another LL buys it, it will only be through pure luck. I'm afraid we have to prepare for a buyer wanting it for their own home and not to rent out.
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Thanks. I wouldn't call having an uncertain future "getting my knickers in a twist"!! This is real and this is happening and this is worrying. My landlord IS selling and wants us out. A new landlord is not taking over and we may well be homeless within the next 3 months!!
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Sorry mariner51, my 2nd question arose from looking through CAG after I'd posted my first thread and I saw it as a different topic and didn't want to add it to my original thread because I didn't want any of the 2 questions to go unnoticed and not answered but that's just the way my mind works.....apologies, please consider my hand slapped!! Anyway, I'm totally aware that my LL has to give me 24 hours notice to visit but my point is more about my lack of privacy by an estate agent coming round and taking photos whilst I have my possessions here and the house is in chaos. With regards to the section 21, my AST became a periodic tenancy and my original tenancy agreement states I have to give one months notice if I want to move out so I'm unsure why you are saying I have to give 2 months. I am aware a section 21 gives 2 months notice. The deposit scheme didn't exist all those years ago when my AST began so I've no idea where my deposit went. Are you saying that my LL has to give me that back BEFORE he issues the section 21? I thought LLs usually only give deposits back once the tenant has vacated? Also, what about the lack of a current gas check? Thanks
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Hi, My landlord is wanting to send estate agents round to value the property because he wants to put it on the market. He has not yet served me with a Section 21 notice so I have no idea when he is expecting me to vacate but I would have thought a valuation would be more realistic once the house is empty and after he can do some redecorating, etc to get it ready for selling. At the moment, we have been too stressed over searching for a new home and we have been having a mad declutter and we have half packed boxes everywhere and the housework has become less of a priority, so all in all, the house no longer looks homely and I certainly wouldn't want any estate agents taking photos to use for selling purposes. Does my landlord have a right to getting a valuation, especially before he has issued a Section 21? I feel so uncomfortable about it and I really don't want anyone coming round while I still live here I have been looking through other tenants posts and came across this comment from one of CAGs members:- "Are you aware of this >> For example, a Section 21 notice cannot be served if there is no EPC or Landlord gas safety certificate in place for the property. Any non-compliance with this requirement will render the section 21 notice ineffective." Now my landlord has never done annual gas checks and the last one (for which I have a copy of the certificate) was about 2 years ago. Does the above CAG members comment mean that when I receive the Section 21 Notice it will not be legally enforceable? If so, what should I do and how do I respond to my landlord when I get the notice?
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Hi Andy, Looking at other threads, the CCA request has been sent to the Claimant and the Claimant on the court form is Hillesden/DLC, it doesn't mention Cabot anywhere even though both DLC and Restons letters mention that Cabot are now servicing the account so do you think we would be wiser to send the CCA request to Hillesden/DLC? Thanks
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