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court claim asking for amount plus 'costs'? **Claim Discontinued**


Buel10
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Fair enough...its his choice if he wishes to make a counter claim...it can be added to the proposed defence when its time to submit...he will need proof of loss of rent...heresay wont wash with a court.

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Fair enough...its his choice if he wishes to make a counter claim...it can be added to the proposed defence when its time to submit...he will need proof of loss of rent...heresay wont wash with a court.

 

I totally understand. Thank you. Please can I ask what sort of proof would be required?

 

Regarding the defence, am I correct in thinking 'we' have 14 days from when he acknowledged the claim (last Thursday)?

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I totally understand. Thank you. Please can I ask what sort of proof would be required? Letter of intent to rent?

 

Regarding the defence, am I correct in thinking 'we' have 14 days from when he acknowledged the claim (last Thursday)?

Yes

 

 

Andy

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Thank you again. I shall ask him regarding the letter of intent to rent.

I must say that his primary concern is to defend the claim, the idea of counter claim is something that he wanted me to ask you if you think he should pursue it?

 

Back to the defence, please can I ask what I need to do as a starting point?

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It may not be used as a counter claim per se but could act as an important element of the defence.

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It may not be used as a counter claim per se but could act as an important element of the defence.

 

Hi and good morning!

Please can I ask what exactly a 'letter of intent to rent' entails?

Also, please can I ask if the builder needs to acknowledge the court claim too?

 

Thank you again!

Buel

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Hi and good morning!

Please can I ask what exactly a 'letter of intent to rent' entails? Written evidence..letters email enquires of when the property would be available for rent..prepared Tenancy Agreement...anyone can state I have had to turn down potential tennants...I had 4 lined up at a £1000 per month..its hearsay not fact.

Also, please can I ask if the builder needs to acknowledge the court claim too? ...yes

 

Thank you again!

Buel

 

Andy

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Andy

 

Excellent. Thank you.

In the meantime, two things:

1. I will get my friend to tell the builder to acknowledge the claim right away.

2. Will my friend and the builder have to actually attend court?

 

Apologies for the naive questions but this is all new to me and him.

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Yes if the claimant wishes to proceed...depends how good a defence is submitted:wink:

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Yes if the claimant wishes to proceed...depends how good a defence is submitted:wink:

 

Understood! :o)

 

Understood! :o)

 

 

Okay....as suspected, the agreement was all verbal. So I guess any counter claim is out of the question now?

 

However, I don't know if this will help our defence but the lady who is patiently waiting to move in is more than willing to sign a statement or write a letter confirming all what my friend has said?

 

Okay....as suspected, the agreement was all verbal. So I guess any counter claim is out of the question now?

 

However, I don't know if this will help our defence but the lady who is patiently waiting to move in is more than willing to sign a statement or write a letter confirming all what my friend has said?

 

Sorry to bother you again but two questions I'd like to ask, I hope this is ok:

1. If the claimants use a solicitor, and win, would my friend have to pay their fees?

 

2. If this does go to court and my friend wins, would he and his builder be able to claim loss of earnings for having to take a day off work?

 

Thank you so much for your kind help so far.

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Its small claims track so costs are fixed...apart from the fee on the claim form which is already included...there will be minimal extra costs....subject to what they do along the process.

 

Yes Litigants can claim for time off work...should your defence succeed and should the court allow any costs.

 

Andy

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Its small claims track so costs are fixed...apart from the fee on the claim form which is already included...there will be minimal extra costs....subject to what they do along the process.

 

Yes Litigants can claim for time off work...should your defence succeed and should the court allow any costs.

 

Andy

 

Thank you Andy!

 

Please can I ask for some help in preparing the defence then? Is the signed statement/letter from the would-be renter a good idea? Basically, please can you help advise me on what I need to do to prepare a defence?

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Im afraid you will have to get in the que Buel you have ample time yet...unlike other posters which are requiring defences to submit in the next few days.

 

Forget the CC you just want to resolve the matter of the claim ...avoid the court fees and CCJ.

 

Regards

 

Andy

We could do with some help from you.

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Im afraid you will have to get in the que Buel you have ample time yet...unlike other posters which are requiring defences to submit in the next few days.

 

Forget the CC you just want to resolve the matter of the claim ...avoid the court fees and CCJ.

 

Regards

 

Andy

 

Ah......I bloomin THOUGHT there was a reason why I couldn't get cracking! Absolutely no problem at all Andy, I'm sorry for that, I had no idea. Please go and help those who need it much sooner than I do. If I'm honest, I didn't (and don't) have any idea of what time-frame I/my friend has otherwise I wouldn't be posting so frequently.

Please let me know how long we have.....but ONLY when you've got time.

 

Thank you for your patience.

 

PS - Counter claim ended. ;o) You are, of course, quite right.

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Claim was issued dated 2nd Oct you have 33 days from and including the 2nd Oct.....3rd of Nov by my calculations.

We could do with some help from you.

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Claim was issued dated 2nd Oct you have 33 days from and including the 2nd Oct.....3rd of Nov by my calculations.

 

Hi Andy. Just a quick but important one:

Since Friday night I have been repeatedly trying to acknowledge the claim on behalf of my friend's builder but for some strange reason the claim number and/or password just wouldn't work.

 

Yesterday I rang MCOL to see if I could acknowledge the claim by phone, they said I couldn't but could email them the completed acknowledgement form instead. The problem I had last night was that I uploaded the scanned completed form and realised that I have put his date of birth wrong. So my question is, before I email MCOL the forms today (today is the last day), how important is it that I have his date of birth wrong? And if it is important, will MCOL accept my explanation in the email body regarding the incorrect date of birth?

 

Please get back to me when you can.

Thank you.

 

Hi Andy. Just a quick but important one:

Since Friday night I have been repeatedly trying to acknowledge the claim on behalf of my friend's builder but for some strange reason the claim number and/or password just wouldn't work.

 

Yesterday I rang MCOL to see if I could acknowledge the claim by phone, they said I couldn't but could email them the completed acknowledgement form instead. The problem I had last night was that I uploaded the scanned completed form and realised that I have put his date of birth wrong. So my question is, before I email MCOL the forms today (today is the last day), how important is it that I have his date of birth wrong? And if it is important, will MCOL accept my explanation in the email body regarding the incorrect date of birth?

 

Please get back to me when you can.

Thank you.

 

Update: Problem solved. I found out the correct D of B and filled it in at work and a friend scanned and emailed it me so I forwarded to [email protected]

 

Phew!!

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I hope you're not signing the documents in your own name, or even worse forging your friends signature are you?

 

Hi. Nope, I got my friend to sign the document but he didn't put his date of birth.

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Hi Andy,

I hope you are well. I just wanted to say that my deadline for submitting the defence is a week tomorrow - 3rd November.

I am away this week on 28th, 29th and 30th so I wondered if there is anything I can do to get the ball rolling, so to speak?

 

Thank you for all your help so far!

Buel

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Not unless your au fait with drafting defences Buel...your defence requires a custom draft so I cant direct you to others as an example and to have a go yourself......just bump your thread a fews days prior and we can draft something suitable.

 

Regards

 

Andy

We could do with some help from you.

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Not unless your au fait with drafting defences Buel...your defence requires a custom draft so I cant direct you to others as an example and to have a go yourself......just bump your thread a fews days prior and we can draft something suitable.

 

Regards

 

Andy

 

 

Ha ha, nope - CERTAINLY not au fait with drafting defences. I only meant to explain that I'm here to help, if need be.

You see, I thought that I may have to photocopy the letters sent, recorded delivery receipts, etc.

 

Thank you Andy.

Am I correct in thinking that the defence can be submitted online?

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There is no requirement nor can you attach any relevant documents to the defence at this stage...that will come later in the process should they wish to defend.

 

Yes you can submit on line as you have with your acknowledgement of service.

We could do with some help from you.

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There is no requirement nor can you attach any relevant documents to the defence at this stage...that will come later in the process should they wish to defend.

 

Yes you can submit on line as you have with your acknowledgement of service.

 

Hi Andy,

 

Just bumping this as you advised you to. The deadline is Monday, I believe.

 

Any help you can give regarding a defence would be very much appreciated!!

 

Thank you from both my friend and I.

Buel

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No problem you are on my list.....will draft a response over the weekend for Monday.

 

Regards

 

Andy

We could do with some help from you.

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