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missbling

Urgent Help On Court Procedure Needed Please

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Can anyone assist me. I have had a man for sometime saying I owed him money for fences in a property I rent. My husband did some time ago get quotes for fences which were sent to the owners of the property but they never authorised the work and it never got done. Then my husband died and this man knocked on the door saying my husband owed him money.

 

I never asked for the work and I believe he is just trying it on as my husband died and cannot defend himself. Anyway he filed a small claim trying to frighten me into paying. I went to Citizens advice and they helped me file an Affidavit which I swore in the Courts saying he had not been instructed by us the tenants. The property is owned by a large corporation who have no interest. They say its you he is taking to court so sort it out.

 

Anyway, I swore my affidavit in defence and filed it with the courts I felt that this would be the end to the matter.

 

Then the the Man wrote a ten page letter saying the most awful things about me and my late husband saying things that we were non payers of debts, and that my husband was a bad man, (I can categorically say all of this is untrue, we have never been taken to court ever in our lives nor do we owe anyone a penny. But it is page after page of insults and lies. He attacks my affidavit and pours scorn on it without offering one word of truth in defence. 4 Pages of his letter refers to quotes he did for our property but they are clearly for another property as he has mistakenly left the other persons address in and they show a main road we live 10 miles from the main road.

 

Is there anyway I can ask the Court to strike this 10 page letter from the files, I am so upset at the things he says in there. He has just got my affidavit and told lie after lie.

 

I would like to strike this letter from the court records. I am happy to go to court and fight my corner but I do not want to have all these terrible things said about my late husband in court. Please would you advise me please on how best to get this done. Thank you so much

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Can you start a counter claim for Libel


PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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If and when you get to court it's not all doom and gloom. It is not wigs and gowns. It is merely an office and it is all dealt with quite nicely. The judge is very human and will listen to yor side of the story without being interupted by the other party. I do think there is a case of mistaken identity by the other party. The letter you want thrown out is probably not a good idea as you will be able to demonstrate that it's all wrong. Don't worry, you will not be sent to jail. Afterwards you will wonder why you got so upset.

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Hi Missbling,

So sorry to read about this, you've had enough to deal with in your bereavement without this.

Reading about the rambling and insults of this man's letter, and your obvious distress, my sympathies go immediately to you, as, hopefully, would the judges. So yes, leave this letter to speak for itself to the judge as to the type of person bringing the claim. Just be yourself and make a simple, dignified but distressed rebuttal of his allegations.

Did the contractor actually put up the fences without authorisation?

Elsa x


PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Hi missbling, you WANT this letter to be in the evidence as it shows he has no cause of action to bring this claim, he is claiming monies for a quote that isnt your address.

 

How far in the court stage has this got, have you received an Allocation Questionnaire yet? or has he just filed a reply to your defence.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Hi and thank you all for your kind advice. I feel a little better. The letter is a reply to my defence. His letter is just 10 pages of rambling which says that my husband was someone who owed people money, he tries to make out that we both agreed to him doing work, which is untrue, we don't own the property we could never have agreed to work without the landlords written permission. The work was never carried out, some fences blew down and they were propped up but never £15,000 worth of work. He cannot show any estimates, or quotes as none were ever done, it is purely this man trying to portray my husband in a bad light when he was no such thing, and trying to get money from my husbands estate. It is a farce, but it is ruining my husbands memory. Can I make any reply to his reply in defence ?

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Given by what he's written in his statement he's more than likely blown himself out of the water. Contrary to popular myth judges are not 'stupid old gits' & they are capable of determining fact from fiction. ;)

 

Go through his statement & make a point by point rebuttal preferably including witness statements from neighbours who are familiar with or are in the same situation.

 

Unless this man is extremely stupid it is unlikely that this will even progress to the court stage.


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You could also take pictures of your (clearly not replaced) fence as evidence.

Elsa x


PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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the courts will prob take one look at his quote and laugh at him..£15k for some fences i dont think so or do you live on some hundred acre land???lol no i think the courts will definitely see straight through his letter and tell him so all the best with this you will be fine....oh forgot to add how can someone claim against you just for a quote when no work was done????a quote is just that a quote nothing more and everyone i know does the quote for free dont they??

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Correct you ask for a quote to verify that the person is offering a reasonable offer for the work to be carried out then you pick the one you want,

 

You certainly dont pay the quote for non work, otherwise I would change jobs and offer quotes on everything then sit at home claiming for these quotes, the mans insane:D


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Hi and thank you all for your kind advice. I feel a little better. The letter is a reply to my defence. His letter is just 10 pages of rambling which says that my husband was someone who owed people money, he tries to make out that we both agreed to him doing work, which is untrue, we don't own the property we could never have agreed to work without the landlords written permission. The work was never carried out, some fences blew down and they were propped up but never £15,000 worth of work. He cannot show any estimates, or quotes as none were ever done, it is purely this man trying to portray my husband in a bad light when he was no such thing, and trying to get money from my husbands estate. It is a farce, but it is ruining my husbands memory. Can I make any reply to his reply in defence ?

 

Hi Missbling, as everyone as stated... this chap is onto a hiding to nothing.

 

I'm afraid he gets the right of reply to the defence, you cant respond at present, next is the AQ stage... this will show how willing he is to carry on as he has to pay a fee with his AQ. When the form comes in shout and you'll get help filling it in. He's already forked out £225 filing the initial claim and a further £200 is needed at AQ stage for a 15k claim :-D

 

Only thing to watch out for now the defence has been filed is a summary judgement application as his reply seems to be so in depth. His evidence sounds very weak so do as cerberusalert has stated and you'll then have a rough witness statement to use either in the case of an SJ application or at a full hearing if it gets that far.

 

Oh and if the muppet pulls out before filling out the AQ then you need to consider a wasted costs order as the case has not been allocated to a track and liable to costs.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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