Ftgab19
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Backdoor E-On CCJ Brothers Debt- default judgement
Ftgab19 replied to Ftgab19's topic in Financial Legal Issues
No worries will call in the morning and update here -
Backdoor E-On CCJ Brothers Debt- default judgement
Ftgab19 replied to Ftgab19's topic in Financial Legal Issues
Hi dx100uk Can I email them to get the documents? Or will I have to wait to ring on Monday? Thanks -
Backdoor E-On CCJ Brothers Debt- default judgement
Ftgab19 replied to Ftgab19's topic in Financial Legal Issues
Hi dx100uk what’s nothants bulk? And I thought it was wrong too thought maybe 300 to 400 but not 700. Where would I find a case to research? And I’ll get the exact date for you but I think may/June -
Backdoor E-On CCJ Brothers Debt- default judgement
Ftgab19 replied to Ftgab19's topic in Financial Legal Issues
Hi dx100uk We moved into the address were at now in Oct 2017. The gas and electric was with e-On when we moved in. We managed to pay until about April/May 2018 then ended up falling behind on payments and by July it was with there debt recover department. We didn’t get any letters after July then we got the court papers yesterday. E-on didn’t know our old address so I don’t think they’ve sent them there I can only assume they wasn’t sent or got lost in the post. -
Backdoor E-On CCJ Brothers Debt- default judgement
Ftgab19 replied to Ftgab19's topic in Financial Legal Issues
No we moved into the address on the court paper in Oct 2017. When we moved in the gas and Electric was with e-on. We was managing to pay it but we got a surprise bill when we changed suppliers and ending up falling behind. We was getting letters saying we need to pay but we didn’t get any letters about going to court until today. -
Backdoor E-On CCJ Brothers Debt- default judgement
Ftgab19 replied to Ftgab19's topic in Financial Legal Issues
Hi Andy He has moved address but e-on was our last suppler for the address we live at now. I live with my brother but the debt wasn’t in dispute we just couldn’t afford to pay it. The debt was with e-on’s recovery department. We hadn’t heard anything for awhile then he got this letter. -
Hi everyone My brother has received a letter today from the county court business centre that was headed Judgement for Claimant (in default) It says you have not replied to the claim form (never received anything from the claimantt E-On) It is therefore ordered that you must pay the claimant £727.27 for debt and interest to date of judgement and £60 for costs. My brother has never received any court papers or even letters threatening court. But now he’s had this in the post. I’ll upload a scan of it but I’m not sure how to respond to the court document. Any help would be greatly appreciated Thanks Andrew
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Hi Yes the house was an HMO I lived with my brother and sister when we was there. The landlord give us a s21 on the 26/11 I’ll upload it when I get home from work for everyone. An check was done that I think we signed when we moved in but can’t remember if we signed anything. And no a check wasn’t done when we left because on the 01/11 the landlord came around and told us we’ve abandoned the property and took the key of my mum she didn’t give her the keys the landlord said she had too. I’m not sure about the deposit I’ll upload the paperwork we have when I get home also. Thanks Andrew
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I didn’t get time to give notice to the landlord or agent because first we only thought we was dealing with the landlord because she said we were with her only now when we renewed the contract back in august 2016 not the house agents. And second, we only planned to give notice to her after we had emptied the house but she interrupted the process on the 01/11/2017 just before we had finished, and then took the key my mum had off her and said what I said in my first post. We still have two keys but not sure what to do with them yet. Also, yes there was an inventory done when we first moved in back in august 2015 but since she interrupted the exit there hasn’t been one done. We’ve took pictures of how the place was when we first moved in and on the 01/11/2017. Yes, we were given a section 21 on the 26/09/2017 I can upload redacted copies of the section 21 and all the tenancy agreements I have if needed to better explain. Thanks Andrew
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Hi my landlord is saying me and the people I live with have abandoned the house and that we also owe her rent and wants us to sign over the deposit to her as she believes we have left damage in the house. This isn't true because the contract we had with the landlord ended on the 31/07/2017 and in mid-September the landlord came around and said she wants use out by the 02/12/2017 with no reason on why she wasn't going to renew the contract. So, we found a new place and moved are stuff into it for the 01/11/2017. The landlord came around on the 01/11/2017 saying the above and threatening court action if we didn't sign over the deposit from the house agents to her. She also took the keys of my mum when she was there and then told the house agents that we have left damage and she hasn't got the keys. Flat out lie right there. I'd really like some advice on what to do because she’s coursing stress for everyone and my sister isn't mentally well and all this is making her worse. Also, the house agents have e-mailed me wanting my side for the 10/11/2017. Thanks Andrew
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Hi Andy I got the £450 and the £295 taken off. He said it will be shown as settled on the court file. It’s better then nothing but I didn’t want to have to explain to the judge why my numbers was wrong . I thought the £295 was just the charges not goods I still owed. Ow well. Thanks Andrew
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I’ve spoke to their person and he is offering £400 and saying they will write off the £295 they say I owe them. He also doesn’t think I’ll get the interest because he says It was an interest free account. He thinks the judge will adjourn the hearing so I have time not strike it out. What do you think I should do? there’s 8 cases waiting so it could be adjourned because of time running out. Thanks Andrew Any chance i could have a quick response it’s just i could be called at any time
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Thanks again Andy Just one quick thing. Will the judge ask me to tell him how much I’m owed from the defendant or will he work it out and say in the judgement if he does strike out the witness statement and defence? Thanks Andrew
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Thanks Andy Right i think I've got it now I'll ask for the judge to strike out the witness statement and defence. If i think of anymore questions I ask before the hearing at 2pm. I'm gunna set off for the court in a min. Thanks for all your help Andrew
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They haven't sent a copy to me but they filed one with the court on the 28/06/2017 a day after the dead line. So I thought it would have to of also been struck out. Does that mean I should ask to strike out there defence not witness statement? Thanks Andrew
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Hi Andy Sorry I've been trying all morning to get an idea of what would happen in the room and I keep getting different views when looking. I'm gunna set off for the court soon will this be okay for me to say when asked. 1. Sir, I would like to draw your attention to the Defendant’s lack of compliance with the orders set out in the “Notice of Allocation to the small claims Track”. 2. In this notice, it was ordered that the Defendant has to deliver to the Claimant copies of all documents on which the Defendant intended to rely upon no later than 14 days before the hearing. 3. The Defendant to this date has not delivered any witness statements or case evidence to myself the claimant. 4. In light of this failure to comply with the orders set out by the court. I request that you refer to part 3.4© of the Civil Procedure Rules and strike-out the Defendant’s Witness statement. 5. I also think that you should apply sanctions to the defendant for this failure to comply with the orders and that the defendant is barred from introducing written documentary evidence. 6. If the defendant is allowed to proceed with the case after these sanctions I request that the defendant only rely on verbal evidence. Also If the judge does strike out their witness statement. Will he still want to hear my witness statement or will he just apply judgement since the defendant no longer will have a defence? Thanks Andrew
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Hi Andy I'll take everything with me then. What do I have to do when I've made my statement to the judge? Also will I have to make another statement for the judgement after the judge has said his bit or will the judge do that after he strikes out the defendants witness statement? Thanks Andrew
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Hi Andy Thanks for your reply and no there wasn't any counter claim. I thought their defence was classed as a counter claim but after looking up it's not my bad lol. Would you by any chance have an idea what would most like be said to me or happen after I give my statement? I just want to be ready encase they say something I don't understand. Also what documents do I need to bring to the court. I'm guessing the witness statement and all correspondence? Thanks Andrew
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Thanks Andy I've been looking at part 3 of the CPR and found Power to strike out a statement of case part 3.4. Am I right in thinking I can use paragraph (2)c "that there has been a failure to comply with a rule, practice direction or court order." in my statement to the court to get the defendants witness statement and defence struck out? Thanks Andrew
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Thanks Andy So what would I need to say when I go into the court room to have the defendants witness statement and defence struck out? Do I have to say it a certain way or can I keep it simple? Thanks Andrew
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Okay Andy thanks I'll let the court know that they have clearly not complied and probably had no intention of complying. Also what are sanctions in court? Would that mean there defence is struck-out and I win by default? Thanks Andrew
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Hi Andy I thought that meant they hadn't complied with the orders. Would the defendant be able to stop the witness statement being dismissed? I can't see how they could because surly it be an unfair trial if it could go ahead with them knowing my statement but me not knowing theirs. Also what do I do if it turns up like the day before the trial? Thanks Andrew
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Update I rang up the court yesterday and they said the defendant witness statement was sent in on the 28/06/2017 and was on the system on the 28/06/2017. I'm not sure how it got on in one day but the deadline was the 27/06/2017 so does that mean they've not complied with the courts orders? Also I've still not got a copy of the witness statement or heard anything from them and the hearing is only 4 days away. Should I send them a letter asking for a copy of the witness statement? Thanks Andrew
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Hi Andy That's great thank god lol. It felt a lot longer then it took. I'll get it emailed off tomorrow since I've got until then. Thanks for all your help I hope they settle Andrew
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Hi Andy My court papers say two weeks before the hearing date the 11/07/2017. So that's the 27/06/2017 I think. Is the witness statement okay or do I need to change anything? Thanks Andrew
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