KennyOye
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Hi Steampowered, The landlord is claiming 2 months worth of rent. The terms of the surrender states that, "if any of the terms are not met the landlord, will without further notice, exercise her right to enforce the full contractual term via the small claims court". The point I'm making, in my witness statement, is that ALL the conditions were met and I'm seeking clarifications on the third condition in that how can the landlady proof we didn't honour the third condition. Moreover, if the conditions weren't honoured but the landlord DID receive the sum of £1240, which was indeed what the first two conditions in the terms required, does that NOT defeat her case? Thanks
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Thanks HB
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In response to your thumbnails: Name of the Claimant : ** EDIT ** Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Date of issue: May 14 2014. The Judge has set out directions, under fast track, for hearing which is fixed for September and I have up until 14th August to send my Witness Statement to court What is the claim for – the reason they have issued the claim? I'm claiming for 2 months of rent outstanding as the tenants have failed to fulfill their financial obligation with regards to rent payment up to 15th June which is expiry of the signed 6 months fixed term tenancy agreement. The tenants have also failed to honor the surrender in terms agreement which has been drawn up in order to waive the last 6 weeks of rent. Unfortunately, they have failed to oblige with the terms and conditions stated in the surrender of terms agreement. The Claimant claims interest under section 69 of the County Courts Act 1964 at the rate of 8% a year from 15/03/2014 to 14/05/2014 on 1990 and also interest at the same rate up to the date of judgement or earlier payment at a rate of £0.44. What is the value of the claim? £2095 Is the claim for a current or credit/loan account or mobile phone account? Landlord/tenant rent payment When did you enter into the original agreement before or after 2007? after 2007 Please use these further information to answer my question in the earlier post. "Please what are the key legal details I need to include in my case to proof that we DID honor the surrender of terms conditions?" Thanks
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Help please: I have 5 days left to submit my witness statement to a claim initiated by my ex-landlady that we failed to honor the surrender of terms agreement and claiming for £2000. The conditions of the Surrender are as follow: a) That we pay £500 by March 15, which we did pay by March 14 b) A further £500 by March ending. We weren't able to physically pay this but we mandated the Deposit scheme to pay her the amount from the £1000 deposit. This instruction was obeyed and she did receive the £500 although by early April c) Property is given back in accordance with the terms & conditions of tenancy agreement. The property was given back to the best of our ability but the agents observed some repair issues. We were able to accept some of the repair issues and paid £240 but we vehemently disagreed with some. In my statement I have given a chronological state of events but I want to be sure I stand a good chance in front of the judge. Please what are the key legal details I need to include in my case to proof that we DID honor the surrender of terms conditions:???:?
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Thanks guys. The best response EVER. In just 5 minutes! Thumbs up guys
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Thanks. I'll quickly do it online in a jiffy
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I have just 3 days to file my defence in a claim brought against me by my landlady. I have already acknowledged the claim but I believe the Claim doesn't show concrete allegations. Can I then ask the Claimant to prove her case in my statement of defence?
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Hi , I was insured by a well known insurance company and in July last year I was involved in an accident which wasn't my fault. The insurance company paid me for a new vehicle but some days later I was bombarded with nuisance calls from a particular injury compensation company asking that they be allowed to represent me. I was pressured to sign a contract with them but I didn't agree. Some months later, my insurance company wrote me a letter that a staff of theirs was dismissed for selling information about accident and claims to injury lawyers. My details was one of such. This disclosure made me remember the pressure and stress I undergo in the hands of the injury lawyers and I believe I deserve some sort of compensation from my insurance company for the distress.
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Hi Honeybee, I was insured by a well known insurance company and in July last year I was involved in an accident which wasn't my fault. The insurance company paid me for a new vehicle but some days later I was bombarded with nuisance calls from a particular injury compensation company asking that they be allowed to represent me. I was pressured to sign a contract with them but I didn't agree. Some months later, my insurance company wrote me a letter that a staff of theirs was dismissed for selling information about accident and claims to injury lawyers. My details was one of such. This disclosure made me remember the pressure and stress I undergo in the hands of the injury lawyers and I believe I deserve some sort of compensation from my insurance company for the distress.
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Please does anyone have an experience of claiming compensation for breach of data protection act? My insurance company sent me a letter claiming a staff of theirs sold my accident details to injury lawyers. I WENT through a hard times in the hand of the lawyers. Can I therefore claim for compensation from my insurance company for distress? Thanks
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Thanks again. I will write to withdraw my request that she be summoned. Please do you have a template for a withdrawal letter? Also can I insist that the witness give a witness statement otherwise backed up with evidence or should I write questions I want the witness to answer in her statement? Thanks
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Thanks again powerful Steam, but since I had already wrote to the court that she should be summoned then how am I going to pay for the traveling expenses? The Claimant has written to the court that I should deposit with the court the sums stipulated in the Practice Direction. I want to know my next line of action i.e 1) Should I write the court that I'll pay the expenses or 2) Wait for court to write. Thanks
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Hi, On the hearing date the judge ordered that Mrs A is a key witness in the case so the Claimant must get a written witness statement from her and I can also write to the court that she be summoned to give spoken evidence. When the stipulated time lapsed and she failed to give an acceptable statement I wrote to the court that she be summoned. The Claimant agreed but that I should deposit with the court the sums stipulated on Paragraphs 3.1 & 3.2 of the Practice Direction 34 A. I want to know my next line of action i.e 1) Should I write the court? 2) Wait for court to write. Thanks
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Practice of Directions: Paragraphs 3.1 & 3.2[/b] The Claimant has requested the court that I should deposit with the court the sums stipulated on the above section. What am I supposed to do? THANK
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Hi Steam powered, I have drafted a chronological order of events in my witness statements. The Claimant replied and the hearing is fixed for August 7. Please what documents do I need to take along to the hearing? The appendix attached to my witness statements include email printed out, bank statements, HMRC documents etc. Do the bank statements need to be signed by my bank manager? Do I need a guest to follow me and what role will they play? Thanks
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Thanks so very much. I'll give you an update after drafting the Witness statement. So very appreciated. Another satisfied CAGer
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Thanks a Billion Steampowered. You're indeed "fuel Powered" Please can I get a template of any Witness Statement that will suit my situation. I'm really going to file a witness statement explaining to the judge in my own words what actually happened. Cheers
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Thanks Steampowered, In the claim form of Dec. 6 2012. The particulars of ciam signed by the Claimant read: Defendant (myself) activated a client-service agreement between myself and Company B to review, certify his close accounts etc. I promptly filed a defence asking the Claimant to provide evidence that indeed an agreement existed. By Feb. 18 the District judge gave the Claimant a 14 day notice to file at court and serve upon the Defendant, a Reply to Defence. The Claimant then went ahead and served me his defence with 27 points detailing what transpired. Almost all the points were lies and even in an appendix attached, the documents weren't signed. I have the real facts at hand even with evidence of payment extracted from my bank statements and also the email detailing the agreed amount. The hearing has been fixed for July 29 and I have 7 days before this day to reply to the 27 points raised by the claimant. My problem is how do I go about this or is it possible to get a template to help with the response. Moreover, since the Claimant did not provide any agreement to proof the existence of an agreement, should I just base my defence on that only? Thanks
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A deputy district judge has allocated a case FILED by my former accountant for hearing by July 30. I think its time I write and submit a statement of case with documents as evidence. What do you think? Thanks for your quick response
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