Jump to content
Curtainsplitter

Couldn't live in property but Landlord taking me to court 2 years later help needed!

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1706 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

The landlord shouldn't be able to claim anything from the period when she started renting the property to someone else. That would be accepting a surrender of the lease. In your request I would ask the date on which the property was first rented to someone else, if you don't know that already.

 

 

The POC is what the landlord serves. The defence is what you serve - it is a defence to the claim.

 

Yes, you should serve an acknowledgement to get you a bit more time to defend. Whatever else you do, you must not miss the court deadlines or you'll end up with a default CCJ against you.

 

Okay steam am going to file the acknowledgment and put up a scan up Tuesday as I explained I don't own a pc and phone right now so am having to use a 30 pound tablet to write on here.

 

In terms of the property I should explain this a bit more . Basically the tenancy was for myself and my friend to have the 2 bed flat. My friend kept to the contract and paid for the full tennacy and left with no issue , I did not Move in as explained I notified them of the frustration of contract 2 and a half months before the move in date .The landlord in 2014 got two more tenants when our contract ended In June 2014 and the property Is now continuing that tenacy

Share this post


Link to post
Share on other sites

Also you asked me who they are suing. Well they've written to my mother the guarantors address which is not my residence and they've sued me ? I don't know if that matters? And as stated my name is spelt wrong by 1 letter on the documents

Share this post


Link to post
Share on other sites
Also you asked me who they are suing. Well they've written to my mother the guarantors address which is not my residence and they've sued me ? I don't know if that matters? And as stated my name is spelt wrong by 1 letter on the documents

 

 

I don't think it matters that they have spelt your name wrong by 1 letter - aside from which it is easily amended.

 

I suspect if they are not able to get any monies from you, they will then try and sue the guarantor.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

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

Share this post


Link to post
Share on other sites

Fair enough. It sounds like this landlord is a bit of a shambles.

 

It is a bit strange that he is suing just you and writing to your mother, and that he spelt your name wrong. Anyway as long as you are receiving court documents I don't think it matters. I would defend the claim as suggested (also mentioning that a surrender of the tenancy was accepted, at least when the new tenants moved in).


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Share this post


Link to post
Share on other sites
Fair enough. It sounds like this landlord is a bit of a shambles.

 

It is a bit strange that he is suing just you and writing to your mother, and that he spelt your name wrong. Anyway as long as you are receiving court documents I don't think it matters. I would defend the claim as suggested (also mentioning that a surrender of the tenancy was accepted, at least when the new tenants moved in).

 

It's actually a woman landlord although she says it's her and husbands property and she lives 100s of miles away.

I am going to scan in the documents tommorrow due to the fact as prior explained I do not own a pc or mobile phone right now and unfortunately cannot afford another and to reply here on cag I am using a 30 pound gift tablet my brother got me. I am going to go to the library tommorrow and scan in the docs with blanked out info on personal info of what docs I do have etc. I'll post up a draft of cpr you have me too as well steam for you to look at so that we prior adviced I can make sure I am not being verbose and am asking the right questions. It says on the court paperwork I can file an acknowledgement online is it a simple tick of a box and I can do the defence after? I just wondered we I've never been in this position before but was going to acknowledge to defend tommorrow.

Share this post


Link to post
Share on other sites

Sorry for terrible spelling this tablet is awful ! I'll update thread tommorrow! Thanks for the help steam and everyone I feel slightly better about this all now as its been quite depressing for me all of this !

Share this post


Link to post
Share on other sites

Hi - yes, file the acknowledgement as soon as you can and click the box which says you intend to defend all of the claim


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Share this post


Link to post
Share on other sites

Okay think I've done it on my tablet. It had something about do I want to intend jurisdiction I assumed I didn't need to tick that. So I've chosen defend whole claim.

Thank you. You have successfully submitted your Acknowledgment of Service (AOS) form to the court.

Acknowledgment of Service Submitted

Claim Number Deleted under data confidentiality act Response type Acknowledgment of Service Claimant name Mrs Landlord Defendant name : deleted Submission date & time 25/05/2015 17:40:01

Share this post


Link to post
Share on other sites

yep. You are now on the countdown to file your defence. make sure its good and file at the last minute, or close to it.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

Oh ok.i will do then. So I have 14 days from now? Why do you do it last minute ?

Share this post


Link to post
Share on other sites

You do it last minute to give yourself as much time as possible to prepare your defence, and to give them the least time possible.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

The claim should be moved to your local court if the claimant indicates they wish to continue (after you have submitted your defence) .


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

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

Share this post


Link to post
Share on other sites
You do it last minute to give yourself as much time as possible to prepare your defence, and to give them the least time possible.

 

 

 

Presumably, you need to be very sure of your timeline to do that, otherwise you risk missing the deadline for defence submission?

 

Our defendant doesn't appear to have submitted his, and the deadline is tomorrow. Bit of a risky strategy?

Share this post


Link to post
Share on other sites
Presumably, you need to be very sure of your timeline to do that, otherwise you risk missing the deadline for defence submission?

 

Our defendant doesn't appear to have submitted his, and the deadline is tomorrow. Bit of a risky strategy?

 

My deadline is tommorrow? The claim was only issued 19th may? It's 25th day? I thought you got 14 days?

Share this post


Link to post
Share on other sites
My deadline is tommorrow? The claim was only issued 19th may? It's 25th day? I thought you got 14 days?

 

You do. I think Honorsmum is talking about their own deadline.

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

Just a fyi taken from another thread.

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - *

 

*^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites
My deadline is tommorrow? The claim was only issued 19th may? It's 25th day? I thought you got 14 days?

 

Don't panic - I was talking about our case deadline!

The point I was making is that you need to be very certain of your own timeline if you're thinking about submitting your defence at the last minute; there seems to be a lot of confusion when it comes to counting days, and it would be awful for you to have a judgement e against you because you missed the deadline.

Share this post


Link to post
Share on other sites
Just a fyi taken from another thread.

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - *

 

*^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

 

I'm confused about the date of the claim being day 1.

Our notice of issue says:

"Your claim was issued on the 23rd April.

The court sent it to the defendant by first class post on the 23rd April and it will be deemed to be served on the 28th April.

The defendant has until the 12th May to reply.

 

So, that makes 20 days, not 19 - which suggests day 1 is the day after the claim is issued.

Not wishing to hijack Curtainsplitter' s thread, but trying to clarify for for both our sakes.

Share this post


Link to post
Share on other sites

[ATTACH=CONFIG]57746[/ATTACH][ATTACH=CONFIG]57747[/ATTACH]

Share this post


Link to post
Share on other sites

Steam heres an update of the docs for you. I am scanning the original tenancy now too. Cheers

Share this post


Link to post
Share on other sites

I checked my sources and past paperwork and i dropped this letter by hand on June 10th 2013 the tenancy was set to start Sept 1st 2013-june 2014 and recieved no response in June, therefore I telephoned in July and was told I would get a response back as the relevant estate agent was off, I therefore contacted again in August entitled the email important and only recieved a response from the estate agent at the end of August stating they would advertise the house and try and find me a replacement.

This is a copy of the June letter and email sent

Dear Sir/Madam

Tenancy for XXXX

 

I am writing to inform you that I am unable to continue with my part of the tenancy for the above property. This is as the property is a student property and I would be in breach of the Tenancy Agreement should I enter into the agreement on 1st September 2013. This is as the university has terminated my course place due to a lack of sign up for my course and thus I am no longer a student there and they have allowed me the right to withdraw/transfer.

I am sorry for the inconvenience this has caused but you still have some time to find another student. I have informed OTHER HOUSEMATE/CO-TENANT of the situation.

 

Yours Sincerely

 

XXXX

Share this post


Link to post
Share on other sites

Tenancy docs [ATTACH=CONFIG]57748[/ATTACH][ATTACH=CONFIG]57749[/ATTACH][ATTACH=CONFIG]57750[/ATTACH]

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...