Basically as post 1 says
I have now submitted my defence in full, documents and all
However I did amend it, as I did notice some silly errors, This is what I have sent
1) The claimants were aware that I had changed my name thru Civil Partnership, I was known on to the Letting agents and the LL asLLS, and also once I formed a civil partnership, that I changed my name to S.
2) The claimants have not followed Civil procedure rules, where as the claimants must communicate with the defendant, the claimants were aware of my mothers address, they would of had sufficient means to follow CPR rules and send Formal request and a Letter before action, as proven by my response to this claim
3) I had no financial dealings what ever with the LL, I was dealing with EW lettings agency of St Ives, Cambridgeshire. Attached letter (EWLA_ACT)
4) I have / had been communicating with Ellis Winters Letting agency at all times in relation to the property, At no time was any legal proceedings ever considered by them, and I considered the account closed since I had no communications by any means, Electronically, Telephone, Mobile or Letters since December 2011
5) The Accusations
5.1) Rent arrears, August payment was placed into legal dispute with EW on the 12th August 2011, This dispute was in relation to works being carried on in the property and loss of earnings (Sec 5.4) whilst these works are carried out from September 2009 to December 2011, (attached copy of emails dated 11th August 2011, 18th August 2011 and 1st September 2011)(DEF EMAIL 1)
At no point have either EW or The LL demanded payment of this disputed amount until this claim, This dispute still has not been settled as of this claim.
Please also note, Since I at the time worked nights as a HGV / LGV Heavy goods Vehicle driver, I should be fully rested before operating any machinery such as a heavy goods vehicle, If I operated such a vehicle whilst tired, I could put life and property at risk, Ellis Winters and The Missions were well aware of my circumstances and occupation.
5.2) The Carpet, This was a leaving accident, The curtains were being Ironed after being washed and dried, My mother who is in her late 60’s, tripped over the cord and the Iron fell to the floor, and I cared for my mother and my partner got hold of the Iron immediately after, and it scorched the carpet, However, that is no defence, The carpet was not new, it was actually ex RAF carpet, approx 20 to 30 yrs old, It also showed excessive wear and tear all around, especially in areas that were in greater use such as doors and windows areas.
Under the Rental agreement Sections 4.3.1 Apportionment of each costs, 4.3.2 Fair costs, (attached copy of Rental agreement) (EWLA_AGREEMENT)
Under these clauses, the landlord can claim part cost of the damage, since the carpet was 20 to 30 yrs old, claiming for full cost of replacement is contradictatory of the EW / LL own agreement.
Defence Statement (Continued)
5.3) Locksmith, As per letters attached (EWLA_KEYS), The said keys were in procession of EW Letting agency, The claimants evidence the recept is stating the Back door Lock and Handle, As per attached (LL_WORKS1) dated 5th September 2010, they state in their own hand writing that the Back door key is still in procession of the Contractors (page2), as there was only ever one key for the back door, I could not leave a back door key, The keys were left in the Kitchen with the final Mortise lock key for the front door left posted thru the door making the property secure, as EW stated they have Key, and I actually knowing they have keys, There should of never been any reason the LL would have reason to break and enter into their property, as the Letting agency would have to have keys in case of any Emergency as per email dated 18th August 2011 (DEF EMAIL 2)
Please also note the lock which was present during my stay, had a knob which you turned to gain access to the rear of the property, which I didn’t need the key to get outside of the property, Since we used the front door for normal entry, we did not find not having a back door key any problem.
5.4) Decoration, Although not claimed as it may be difficult to prove (Claimants words), I feel that part has been added to be defamatory and as such I must defend my position, you may now be of the understanding that I am a tenant which treats a house with utter contempt, which isn’t the case here, I treated this property as my family home, and was proud of my home, I did have intentions to stay for quite a few years, well until my Son was old enough and capable enough to cope with me leaving the area.
My son is now 10, my partner and I would of stayed if the house was of acceptable standard another 6 or so years, The only problem I had at start was that EW made it so clear that it was not my home, by the wording on their 3 monthly letters stating that they had the Keys, which ensured that the house never felt like home.
5 to 6 months after moving into the property, Wide cracks started appearing all over inside the property, Cracks to walls, ceilings and also a wide gap in the utility room which outside light could be clearly seen and a breeze could be felt.
From September 2009 until September 2011, I was communicating with EW, The LL, Contractors, Insurance and Assessors, in relation to these cracks etc, living with Asbestosis risks, which I will not know until a later date if my family and I are actually affected by asbestosis.
On my honeymoon (15th to 28th August 2011), my partner and I decided enough was enough, and decided then to find alternative accommodation or to buy our own home, and at that time we enquired about ending the contract early, which the contract was never renewed or if it was, it was never given to us to sign, However, we agreed to give EW 2 months notice, which we did on the 27th September 2011, thus to leave by 12th December 2011.
At no time during the works in late 2010, and again in May 2011, were never offered alterative accommodation, we tried to work around these works thus helping the Letting agency and the LL, I did request alternative accommodation prior to the works in May 2011, but I have no proof of this request, I do however know that this request was by telephone to Mary at EW
These works and the continued ignoring my request for compensation due to not offering us alternative accommodation, is how the Initial dispute in Section 5.1 came about.
I have attached copies of the emails dated between May 2011 and 5th December 2011 (Works plus Emails)
I have also sent the following to the LL
PRELIMINARY BEFORE ACTIONING LEGAL PROCEEDINGS
Dear Sir / Madam
Since I left the property at the address above, and knew that EW were now dealing with said house, I had thought my freakish nightmare was over. It saddens me therefore, that you have chosen to instigate legal proceedings against myself and my family, after the problems in the house, which are well documented, and which consequently caused us to leave the property.
You seem intent however on attempting to make our lives a misery, and clearly, forcing us out was not enough for you. It is with regret then, that I must pursue legal avenues of my own against you. This may include proving the presence of asbestos, harassment and emotional distress. Financial compensation will of course be part of my claim.
I will be considering also, lost earnings, cost of employing labour, insurance issues and obviously, any legal fees thereafter. I give you fair warning then, that this letter constitutes 'before action' notice, and that should my issues not be resolved, this matter will end up in court. You will be aware you have 14 days to reply, however, I would welcome your suggestions as to how my claim can be settled satisfactorily, thereby avoiding court action.
However, If you decide to end your claim against my family and I, then I will consider this matter closed, However I must have written evidence that you have ceased your claim