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    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
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I signed a 12 month AST which was due to expire 19th December 2014. Once I had given my notice to the letting agent that I was not going to renew (I have bought a house) then agent asked if they could begin viewings for a potential new tenant, so we allowed this. They found a new tenant quickly and asked (via telephone) if the new tenant could move in at the end of November. We completed on the house in October and so the keys were handed back on 25th November 2014 on the basis that this was a joint and voluntary surrendering of the tenancy agreement. This was all done via telephone and nothing received in writing.

 

I wrote a letter, which I took with me when I went to the letting agent to handover the keys (see attachment). The letting agent wrote 'return of keys only' underneath and signed it. I have received no other communication from the letting agent to say that the tenancy agreement has ended and I presume I am still bound by it.

 

The deposit has not yet been returned, despite me asking for it.

 

I have cancelled the standing order for the rent and am worried that I am still liable for the last month of rent. Have I been evicted? Where do I stand legally?

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You have not been illegally evicted, you vacated voluntarily and returned keys on 25 Nov to Agent.

Unfortunately there was nothing in writing about mutually agreed surrender.

Assuming T commenced 20 Dec 13 and rent payable pcm in advance, you maybe liable for rent due 20 Nov 14, however a reasonable LL may disregard in acknowledgement of your co-operation.

Send LL a Letter before Action asking for return of full deposit within 14 days, to AST 'address for service of Notice', prob LA address, reminding him he benefited from your early departure. If no reply, be prepared to lodge a MCoL claim. cc LA.

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Thank you mariner51. I have already sent a letter asking for return of deposit, which has not been acknowledged. I've opted for the MyDeposit dispute resolution rather than court proceedings at this stage (but this does not seem to preclude me from raising court proceedings at a later date). Rent was paid 20th November for a full month (but as I vacated early, with letting agents verbal agreement, am I therefore due a partial refund?). Standing Order has now been cancelled, there will be no further rent payments.

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Full rent for month (20 Dec - 19 Jan) was payable on due date, any rebate is at discretion of LL. Sorry.

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Has a new tenant moved in, and if so, when?

 

They cannot charge you rent and also charge the new tenant rent. But if the tenant ended up not moving in at the end of November, it may be that they have done you up like a kipper.

 

Alternatively, they are slow and inefficient. Have you spoken to them?

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agree with Steve, LL cant get paid twice! can you check if new tenant actually moved in?

Also have you informed scheme you have moved out and they should contact LL or agent about returning deposit within 14 days!.

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The new tenant moved in on the 30th November (I have checked, I live nearby). I have informed the MyDeposits that I have moved out and new tenants are in. Agent ignores requests for return of deposit by stating "waiting for landlord to make a decision on deductions for gardening". It's been 4 weeks since I handed the keys in!

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Well if you have advised my deposits, they should be chasing it; get dispute resolution going and indeed possibly start court proceedings.

Send a letter before action to LL and agent for return of deposit within 7 days or you will go to court.

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