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Defendant admiting not paying but still defending ?

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Hi guys, one of my ex student tenants left with four months to go with rent and council tax arrears. I have gone after both tenant and guarantor. The defendants admit to the contract and leaving before the end of the term without any notification. When the guarantor recieved our letter the family came to the house and tampered with it, to the extent of setting the furniture on fire to discredit us. They then sent us the tampered photographs and said they would produce these in court and they say they have more that they will only produce to the court. This is to make us back off really (blackmail). So this can of course not be tolerated by us. They then put in writing to us about setting the furniture on fire because they said there was'nt a tag on the sofa (there was but they have taken it off). They said we had no certificates, gas, electric etc so sent them the last five years worth, the house even underwent a HHSR check during the tenants stay and they only recommended fire doors, bearing in mind the house is accredited and still had 2 years left to run at the time the tenant signed up. The letters and defence are full of lies, contradictions and rantings.

My problem with this is how can they admit to the contract, leaving before the end and setting the furniture on fire all on their defence form and still continue with it ?? we have both filed our Allocation Questionaire. It has been transfered to the defendants court (miles away) but we will attend. We do not have a date yet. In our questionaire we have requested the missing photographs and any notification from the tenant that he was not happy with the house (no notification exists).

What happens if the defendants do what they say and only produce these photographs at the court ? we are certain they will be tampered photos and so there will not be much that can be said and will need an adjournment but the distance for us to re attend is too far. Can we ask for them not to be considered (not to get us out of anything, but a serious waste of everbodys time). Or if they arrive in our bundle on the last day and we have sent ours off can you add to your bundle at a later date ?


We are hoping that the defence will be thrown out at this allocation stage as they have admited to everything but still defending (because they only set the furnitue on fire a little bit !!!!!)


It has been about 3 weeks now since the AQ went in so thought we would have heard something by now.





Sent LBA

Been on hol for a week, got home found letter from them dated
27/6/06 offer of £92 claiming £1155.10 so no deal.

Filed claim with Moneyclaim 12/07/06

Halifax acknowledged claim 25/7/06

Court papers received 28/7/06 Halifax intend to defend.


Donation made

Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.

13th Aug accepted offer unconditionally.


Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06







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