Jump to content


  • Tweets

  • Posts

    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
    • well ...... 1st you need to go back to post 1 and carefully read ALL this thread from the start again and pay attention to the advice and the undertones it explains about 'debt'.   2nd ...the truth is you owe no-one ANYTHING, the OC wrote off and sold the debt, and got most of it back against tax and business insurance schemes ...throw the morality card out the window...the OC did by selling the debt on for <10p=£1. and the DCa want the full balance ...id so many fools stopped paying powerless DCA's tomorrow, the whole industry would collapse overnight.   3rd the only reason this is still around your neck is because you failed to follow given advice...had you ..it would now be statute barred.      ^^^ very important research the M+S credit card debacle using our enhanced google searchbox on this page   as for the PAPLOC reply,   D.. desipte a previous CCA requests, the claimant has yet to supply any/all of the required paperwork.   i: delete [CC is attached to this reply form]"   
    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
    • The collection is currently stored at curator James Blower's home, but he has now found a space situated in an old bank premises where he hopes to exhibit them from this autumn or early next year. View the full article
  • Recommended Topics

  • Our picks

  • Recommended Topics

I'm Nearly There - Help!!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5351 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

Can someone please help....!

 

On my business account claim I received the defence from Cobbetts today (last week I got the defence and CPR18 on my personal account - all sent back nicely), only stating a defence and NO CPR18. I was quite surprised at this, but even more surprised to read the defence which states:

 

1. This defence is filed and served without predudice to the right of the Defendent to apply for summary judgement in respect of and/or to strike out the Particulars of Claim

 

2. The defendent is embarrassed by the lack of particularity pleaded in the Particulars of Claim to the extent that the Particulars of Claim fail to disclose reasonable grounds for bringing a claim against the Defendent. In particular:

 

2.1 The Particulars of Claim set out no facts indicating what the claim is about, are incoherent and do not disclose any legally recognisable claim against the Defendant.

 

3.The defendent invites the Claimant to remedy the above. In the event that the Claimant fails to do so within 14 days of the service of the Defence then the Defendant will aply to the Court for an Order striking out the Particulars of Claim.

 

4. The defendant reserves the right to plead further to the Particulars of Claim once and if the Claimant properly particularises the same. In the meantime, it is denied that the Claimant is entitled to the relief claimed or any relief whether as pleaded or at all.

 

The thing is, in the Particulars of Claim I used the business template for the N1 for business (didnt want to use MCOL as I needed more text space) and listed it all and attached the spreadsheets.

 

Are they trying to scare me off? Obviously this wont work but I just need to know what the best thing to do is! Shall I send copies to Cobbetts again with a short covering letter, and also send these as copies to the court (noting on Cobbetts letter that I have sent copis to the court)?

 

Thanks for any replies peeps.

14th June 06 - Request of Charges sent to NatWest

22nd July 06 - Approach for Repayment sent, £5,279.00 claimed for business account & £3,927.00 for personal account)

28th July 06 - Acknowledgement letter received

4th Aug 06 - Offer of Goodwill payment received 2006 (£1,050.00) - Personal account.

17th Aug 06 - Offer of Goodwill payment received (£918.00) - Business account.

17th Aug 06 - LBA (both accounts) sent (not accepting either offers)

23rd Aug 06 - Recieved letter from famous Mr Higley telling me where to go.

5th Sept 06 - MCOL Submitted - for Personal (£4,422.56 inc interest)

8th Sept 06 - N1 (hard copy claim) submitted - for Business

13th Oct 06 - AQ sent (business)

Link to post
Share on other sites

Thanks Michael. I'll send it out today.

 

Just as I write this I have another letter recieved today for my personal account. It is a reply for my standard template letter stating why I shouldnt have to give more reasons via the 'Request for Further Information'.

 

This is their reply:

 

We refer to your letter dated ../../....

We note your comments on our Request for Further Informtion. It is our clients contention that your Particulars of Claim did not properly particularise your claim. For example, our client cannot properly defend a claim where you have not given the details of each charge your claim is disproportionate and unreasonable.

The court is bound by an overriding objective to deal with cases justly and ensure that parties areon an equal footing. It was clearly the case that our client could not respond to your claim where you did not provide sufficient particulars. Our client therefore objects to your allegation that the request is intimidating.

 

But I have given a detailed Particulars of Claim - I even gave them more copies when I returned the AQ.

 

SHALL I RESPOND TO THIS LETTER? Or ignore it - there is no request to reply to it.

 

Thanks for any help.

14th June 06 - Request of Charges sent to NatWest

22nd July 06 - Approach for Repayment sent, £5,279.00 claimed for business account & £3,927.00 for personal account)

28th July 06 - Acknowledgement letter received

4th Aug 06 - Offer of Goodwill payment received 2006 (£1,050.00) - Personal account.

17th Aug 06 - Offer of Goodwill payment received (£918.00) - Business account.

17th Aug 06 - LBA (both accounts) sent (not accepting either offers)

23rd Aug 06 - Recieved letter from famous Mr Higley telling me where to go.

5th Sept 06 - MCOL Submitted - for Personal (£4,422.56 inc interest)

8th Sept 06 - N1 (hard copy claim) submitted - for Business

13th Oct 06 - AQ sent (business)

Link to post
Share on other sites

I wouldn't bother. Or you could send a mirror image:

 

Dear Sir,

 

I refer to your letter dated XXX

 

I note your comments on my allegation that your CPR Part 18 request is intimidating. It is my contention that my Particulars of Claim did properly particularise my claim. For example, a schedule of charges, which fully details each charge I claim is disproportionate and unreasonable, has been sent to your client, the court and yourselves at every stage.

 

I agree that the court is bound with an overriding objective to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that your client could respond to my claim since I have provided sufficient particulars. I object therefore to your allegation that your client was not on an equal footing.

 

 

Yours faithfully.

Link to post
Share on other sites

I LIKE IT!

 

Thanks a lot for that Michael. I'm going to do it right now!!:D

14th June 06 - Request of Charges sent to NatWest

22nd July 06 - Approach for Repayment sent, £5,279.00 claimed for business account & £3,927.00 for personal account)

28th July 06 - Acknowledgement letter received

4th Aug 06 - Offer of Goodwill payment received 2006 (£1,050.00) - Personal account.

17th Aug 06 - Offer of Goodwill payment received (£918.00) - Business account.

17th Aug 06 - LBA (both accounts) sent (not accepting either offers)

23rd Aug 06 - Recieved letter from famous Mr Higley telling me where to go.

5th Sept 06 - MCOL Submitted - for Personal (£4,422.56 inc interest)

8th Sept 06 - N1 (hard copy claim) submitted - for Business

13th Oct 06 - AQ sent (business)

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...