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Court papers 9 months after leaving property


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Just been issued court papers from CCMCC dated 23/8/12, Date of service 29/8/12

 

They are in regard to my ex landlord, claiming £947 for damages and non payment of rent

 

£550 for 2 Months rent arrears (£650 x 2 minus £750 DPS) August and Dec 2011

£277 for replacing the carpet due to Iron mark (I fell with a hot iron)

£120 for Locksmith (I locked the keys inside) explain below

£672 for redecorating - Not claimed as hard to prove they say

 

 

Right, here goes, I had the tenancy for 1 yr initially, extended to 2 yrs, no new contract was signed, last tenancy would of ended March 13th 2012. Mutual agreement that I gave them 2 months notice, which I did, and vacated property on the 10th Dec 2011

 

August payment was placed into dispute since we had numerous occasions where we had to move furniture, sleep on sofa and was not even offered alternative accommodation during major works due to huge cracks appearing and re appearing since they was not correctly fixed in the 1st instance, on the 1st instance, we went away on holiday, but prior had to move furniture into the centre of the rooms

 

On the 2nd instance, I was getting married and had wedding things everywhere, we had to move bedroom furniture from the main bedroom and the small bedroom, all which just went into the last bedroom, which was my sons. we had to sleep on the sofa downstairs and also at that time I was working nights.

 

Since I was unable to sleep during the day due to the works, I did get £340 compensation, which I had already made it clear that I was loosing £85 per day. the work too 8 days before we could use the rooms, due to pain drying etc, also the main bedroom before decorating had the ceiling removed due to risk of asbestosis.

 

I informed the letting agency that I was holding August payment in dispute until the dispute had been settled, Never happened

 

We dealt mainly with the Letting agency

 

We left the property under the knowledge that further works were due to happen yet again, Which we decided to move instead of being subject to further extensive works

 

The carpet, yes I fell and the Iron made a lovely impression, The carpet at that time was ex military carpet, must of been around 10 plus years old, maybe older. but they are claiming full cost of the carpet, They can only claim pro rata for the damage, which £277 for replacement is full cost.

 

The Keys, Locksmith, Well I have letters from the agency that they have keys, so I put that to the test, and I do know 1st hand they had keys, they are actually charging me for the back door key and lock, which had to be replaced any way, the key was with the keys left in the kitchen, which they did find as they have proven so with the Tenancy end form.

 

The decorating, well they not claiming for that, but put it on the form? as above it would be so hard to prove

 

 

I do intend to defend and also claim a counter claim, I recon I should be able to claim for

 

Loss of full enjoyment of peace and quite

Loss of work due to working nights while work was being carried out

Loss of weekend use of my home

Loss of work due to having to attend meetings regarding the repairs

Compensation due to the stress of all the works and risk of being exposed to asbestosis

 

Right, The Key issue, I do know that some letting agents actually change the locks, just incase a tenant returns as a mater for security. I know the last place did this without charging me, I watched them do it, since the prior addy was just across the road, but a different letting agency

 

Why would the Landlord start proceedings, when I dealt with the Letting agency?

 

I have paperwork saying that they have keys (letters for inspection of property)

 

I have papers with work schedules and how extensive the work is involved

 

I have the contract

 

I also have every email that I sent and received, I have stated in those emails that I am getting stressed out with all that was going on, and the risk of asbestosis (which occurs many years later)

 

I need your input on what you recon I should use as a defence and counter claim

 

oh btw I did move without giving them a forwarding addy or email addy, But these papers were sent to my mothers, which was used at the very start of the tenancy, but she has not had no prior letters in relation to this, So maybe there could be a lack of proper procedure, I didn't change my email, they have not even tried to contact me in any format, No email, No phone calls and no letters

Edited by citizenB
formatting for easier reading

Regards

Sophie

 

Thank you

 

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I must add, The Tenancy agreement was with the Agency known as EW for now, it was not made between Us and the Landlords directly, The Landlord is the one who is seeking tis claim against me

Regards

Sophie

 

Thank you

 

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You need to respond to each item on the claim. Where you have proof/evidence of disputing their claim, then you should advise that you have this.

 

I will try and find some help for you.

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Thanks Citizen B :)

 

 

I know I have to file a N9B form for counter-claim and defence, do I have to file a acknowledgement of service prior to give me 28 days, and would I do that around 12th September thus giving me a couple of weeks more to compile my defence and counter-claim?

 

Also I am wondering on proper proceedures, like writing letters to my mothers address, since I didnt leave a forwarding addy, She hasnt had any letters for me, and also I did change my surname when I married, and I did inform the Agents of this fact

Then there is the issue, Isnt my contract between the Agents and Me?

 

I have paperwork stating that they have the Keys "House inspection letters"

I have paperwork which states about the works / repairs, and loads of emails which I have been sending to the agents and their replies

The only defence I have for the Carpet, is that it was old and at least over 10 yrs old, they are not allowed to claim New for old, even if it wasnt a Iron mark, it could of been a worn out patch, and they want to try and claim full cost

 

Maybe an embarrassed defence maybe considered at this stage?

 

All advise is so appreciated

 

I always know where to get good advice, You guys rock, Just wish I had more time like I had previously to assist others, I'm out on the road all week in me truck, so find I only may have a hr or so on the net and weekends :sad:

Regards

Sophie

 

Thank you

 

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NOTES - Civil procedure rules section III

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

 

SECTION III – THE PRINCIPLES GOVERNING THE CONDUCT OF THE PARTIES IN CASES NOT SUBJECT TO A PRE-ACTION PROTOCOL

6. Overview of Principles

6.1

The principles that should govern the conduct of the parties are that, unless the circumstances make it inappropriate, before starting proceedings the parties should –

(1) exchange sufficient information about the matter to allow them to understand each other's position and make informed decisions about settlement and how to proceed;

(2) make appropriate attempts to resolve the matter without starting proceedings, and in particular consider the use of an appropriate form of ADR in order to do so.

6.2

The parties should act in a reasonable and proportionate manner in all dealings with one another. In particular, the costs incurred in complying should be proportionate to the complexity of the matter and any money at stake. The parties must not use this Practice Direction as a tactical device to secure an unfair advantage for one party or to generate unnecessary costs.

 

7.1

Before starting proceedings –

(1) the claimant should set out the details of the matter in writing by sending a letter before claim to the defendant. This letter before claim is not the start of proceedings; and

(2) the defendant should give a full written response within a reasonable period, preceded, if appropriate, by a written acknowledgment of the letter before claim.

 

 

Since no communications have been received at my mothers address until these court papers arrived, I feel that I can claim that CPR section III (6.1)(7.1) has not been granted, since the LL knew of my mothers addy and the Agents knew my Email and phone number, They all had sufficient means to establish contact prior to court action.

 

I do not know if section II (5,2) Housing Disrepair has any indicator on this case?

Regards

Sophie

 

Thank you

 

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Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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Sophie the time line is..

 

date of issue + 5 days for service + 14 to acknowledge claim + 14 to submit defence - so that is 33 days from date of issue to submission of defence.

 

The link below will take you to the Pre action Protocol Practice Directions.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

 

Reading your thread, I would say they definitely havent followed CPR.

 

I would imagine that they are going to have a hard time proving some of their claim !!

 

I am moving your thread to the legal issues forums, you might get more help there :)

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4: Staying Calm About Debt  Read Here

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thank you Citizen B, I'm a bit rusty with procedures and so appreciate the assistance x

Regards

Sophie

 

Thank you

 

Please Note

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  • 2 weeks later...

Just sent my AOS today, the papers were served 29th August. Sent by Email

 

I probably didnt need to send the following but what the heck lol

 

Dear Sir / Madam

 

Please find attached file AOS - 2YL70591 Mr & Mrs Misson v's MEEEE

 

Please be aware that Civil procedure's have not been attempted by the claimant/s, thus this case will be vigorously defended in its entirety

 

Also the Claimants were aware of my New Marital status as I am known since 14th August 2011 as Mrs Sophie-Jane MEE when I married and legally changed my name to reflect my new marital status.

 

In this case, I was not dealing with the Missons, I was dealing with their Letting agents, Ellis Winters Letting Agents of St Ives in Cambridgeshire, I had no dealing on any financial basis with the Missons.

 

Regarding ref of this case, I have no ref that I am aware of on the claim, I am putting this case under the ref of 11SUSSEX-EWLA, and would appreciate if you can ensure that my ref is used in any correspondence.

 

As per this case, I am now preparing my defence and will attend court to prove my innocence and prove that under duress and harassment and the continued works due to subsidence of the property involved that my actions were fully substantiated.

 

Regards

Mrs Sophie-Jane MEEE

Was known as upto 14th August 2011 (1pm) as Ms Sophie-Jane OLDMEEE

Regards

Sophie

 

Thank you

 

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Please can I have some advice on this, I am preparing the defence and have only till 23rd to get this done, basically 3 days since I cant get this done at work (trucker)

 

I need to know the exact section of the civil procedures that I have been denied, and any other terms which you may feel useful in my defence

 

I have got this bit, but uncertain on if it applies and if it does apply, what do I actually quote in the defence

 

SECTION III – THE PRINCIPLES GOVERNING THE CONDUCT OF THE PARTIES IN CASES NOT SUBJECT TO A PRE-ACTION PROTOCOL

6. Overview of Principles

6.1

The principles that should govern the conduct of the parties are that, unless the circumstances make it inappropriate, before starting proceedings the parties should –

(1) exchange sufficient information about the matter to allow them to understand each other's position and make informed decisions about settlement and how to proceed;

(2) make appropriate attempts to resolve the matter without starting proceedings, and in particular consider the use of an appropriate form of ADR in order to do so.

6.2

The parties should act in a reasonable and proportionate manner in all dealings with one another. In particular, the costs incurred in complying should be proportionate to the complexity of the matter and any money at stake. The parties must not use this Practice Direction as a tactical device to secure an unfair advantage for one party or to generate unnecessary costs.

 

7.1

Before starting proceedings –

(1) the claimant should set out the details of the matter in writing by sending a letter before claim to the defendant. This letter before claim is not the start of proceedings; and

(2) the defendant should give a full written response within a reasonable period, preceded, if appropriate, by a written acknowledgment of the letter before claim.

 

 

Since no communications have been received at my mothers address until these court papers arrived, I feel that I can claim that CPR section III (6.1)(7.1) has not been granted, since the LL knew of my mothers addy and the Agents knew my Email and phone number, They all had sufficient means to establish contact prior to court action.

 

 

All help is so much appreciated

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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I have drafted this as my defence, plus have all the emails, letters, Please can someone go thru it and let me know their thoughts, Thanks

 

Defence Statement

 

1) The claimants were aware that I had changed my name thru Civil Partnership, I was known on to the Letting agents and the Landlords as OLD NAME, and also once I formed a civil partnership, that I changed my name to NEWNAME.

 

2) Under civil procedure rules, the claimants must communicate with the defendant, as the claimants had my mothers address, they 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 Missons, I had dealings with Ellis Winters 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.

 

5) The Accusations

5.1) Rent arrears, August payment was placed into legal dispute with Ellis Winters on the 12th August 2012, This dispute was in relation to works being carried on in the property and loss of earnings 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)

 

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 LANDLORDS 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, apart that the carpet was not new, it was actually ex RAF carpet, approx 20 to 30 yrs old, and was not compliant with H&S regulations for Rented property, It also was showing excessive wear and tear all around, especially in areas that were in greater use 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 Ellis Winters / The LANDLORDS own agreement.

 

 

 

 

Defence Statement (Continued)

 

5.3) Locksmith, As per letters attached (EWLA_KEYS), The said keys were in procession of Ellis Winters Letting agency, As the claimants evidence, It is stating the Back door Lock and Handle, As per attached (LANDLORDS_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 Ellis Winters stated they have Key, and I actually knowing they have keys, There should of never been any reason the LANDLORDS 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 into the property.

 

5.4) Decoration, Although not claimed as it may be difficult to prove (Claimants words), I feel that part has been added to try and to blacken my name in this case, I must defend my position as if you have read the claimants claim, you may be of the understanding that I am a tenant which treats a house with utter contempt, which isn’t the case here, I wished to treat this property as my family 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, 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 Ellis Winters 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.

From September 2009 until September 2011, I was communicating with Ellis Winters, The LANDLORDS, Contractors, Insurance and Assessors, in relation to these cracks, 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 Ellis Winters 2 months notice, which we did before the 12th September 2011, thus to leave by 12/13th December 2011.

At no time during the works in early 2010 and later 2010, and in May 2011, were we ever offered alterative accommodation, we tried to work around these works thus helping the Letting agency and the LANDLORDS, 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 Ellis Winters

 

I have attached copies of the (Works 1, Works 2, Works 3, Works 4 and Works 5)

Emails dated between May 2011 and 5th December 2011) (DEF EMAIL 3) also (DEF EMAIL 1) (WORKS EMAIL 1)

 

 

Defence Statement (Continued)

 

5.5 I never wished the LANDLORDS any bad, I worked with them to ensure their house was getting repaired, and didn’t wish to start legal proceedings against them and considered the matter closed as I never received any communications from either Ellis Winters or The LANDLORDS, The LANDLORDS proved they had my forwarding address as they were able to send the Claim to my mothers address.

However since they Issued the claim, they have brought back memories of the horrors, the discomfort, the Risks we had to take to move furniture, to live in a house with paint fumes, Asbestosis risk to future health, Loss of earnings due to the works disruptions, having to sleep on lounge sofa separately from my future civil partner, Loss of Quite use of the property, Intimidation by their agents and now by the LANDLORDS.

Regards

Sophie

 

Thank you

 

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Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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an someone advise me on how I set about the counterclaim, and if my defence is ok?

 

I do aim to ensure that CAG get 50% of my counterclaim if I win, since I do appreciate their assistance, and now I am in a situation where I can afford (Just) to donate funds to CAG

 

Thanks

Regards

Sophie

 

Thank you

 

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Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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Anyone :?:

 

I have only next weekend to get this done, I am away from any internet all week, back home friday night

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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I think you need to clearly separate your defence from your counter claim. You can only defend on what is in the particulars of claim. Please post those up from the claim, word for word. Don't miss anything out.

 

Hopefully someone who is far better qualified than me can help you check your defence.

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What exactly have they given in their POC (particulars of claim) I always use that to give me and idea of where they are coming from. If you have returned the Acknowledgement of Service and have indicated you are defending the case then at this stage you do not need to submit a full defence or counter claim, all you need to do is submit a 'statement of case' indicating in that SoC your intention to make a counterclaim, the next step will be the AQ (allocation questionaire)

 

Judge will look at that then decide which track the case will be heard under, they can give directions at this stage to what each party needs to provide to the other and set a timeline for all documents to have been exchanged eg: when your defence needs to be submitted to the claimant etc. or if the claim looks to be a complicated one, they can ask each side to attend an allocation hearing at which the Judge will ask questions of each side then give directions to the way forward with the claim.

 

WD

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Hi Wonkeydonkey

Basically as post 1 says

 

I have now submitted my defence in full, documents and all :oops:

However I did amend it, as I did notice some silly errors, This is what I have sent

 

 

Defence Statement

 

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

 

Yours Sincerely

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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You will now receive an AQ..and then you will need to wait and see what the Judge directs to move their claim forward...a claimant cannot simply issue you with what you have given above, the claim has to be detailed to the particulars ie :what grounds the claimant has given to bringing the claim..... that is what posts #13/#14 asked you to give.

 

WD

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The Claimant has not even follow general CPR rules, they had my mothers address and didnt even send any communication, and I would of known, and it also shows they didnt in their claim with the lack of communication ie letters

 

The brief says

 

1 . 2 months rent arrears

2. Iron scorch mark on carpet in lounge

3 locksmith to gain access

 

value £947

 

POC Says

 

2 Months rent arrears (august 2011, December 2011) - £1300

1 month (£650) + £100 (her deposit) already received from DPS

Net rent arrears - £550

 

Iron scorch mark on carpet in lounge - £277

(Picture attached - invoice enclosed)

 

Locksmith to gain access to property - Tenant failed to return keys to agent on vacating, Tenant locked keys inside the property

(Picture attached - Invoice Enclosed)

 

Redecorated throughout at the cost of £672, we have decided not to include in claim as we took the view this would be difficult to [rove, invoice enclosed

 

Copy of tenants check out form attached

 

 

 

In the details enclosed, no communications to me, none even attempted, not by letter, phone or email, even thou non have changed apart that now I live up north

 

The Rent is still in dispute until I am financially sorted for loss of earning etc for works carried out which was very extensive due to subsidence, and we were made really to sleep on sofas and I had to loose work as a night worker the works were during the day, thus I was unwilling to sleep while they worked thus lost wages, and also lived under the threat of asbestosis health risk in the future, no other alt accom was ever offered, even thou I requested it. However the works due for dec 2011 were going to give us alt accom, but we decided to go, we had enough, esp since we had to pack up again, well what's the point, we may as well bring our future life plans forward (thankfully its worked out for the better)

 

The carpet was a pure accident, and as explained it was at least 20 to 30 yrs old, and contract states apportionate cost

 

locksmith, well all properties held by letting agents, a spare set are held by the agent, we did not change the locks, and they are claiming the back door lock and handle, well I have a letter states the contractor never returned the key, we didnt need a key to access the rear of the property, so really never a problem.

 

And why would they need to break in? the agent has the keys

 

Decoration, defamatory statement, should not of been on the claim if not claimed, just a pure defamatory statement to try and blacken me, and trying to make the court believe that we were bad tenants and caused a lot of redecoration

 

 

 

As I posted above are my response to the claim (post 15) and I have the originals of most of the communications between myself and the letting agents, all which prove that the works at the house were quite extensive and continuous, and probably have occurred yet again

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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Once you get the AQ and there is not much you can do until that is returned and directions given. I strongly suspect the Judge will send this to mediation first but set a date anyway in case both parties fail to reach agreement.

 

I don't hang around this forum much but if you ever need any further help you can send me a PM or ask the site team to 'attract' me back to your post.

 

WD

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  • 4 weeks later...

Is there anything on th AQ i could write in Section G Other Info

 

I was wondering if to put in that the claimant has not followed civil procedure rules, and as such recommend to the judge that the case is thrown out

 

or something like that ??

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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