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    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
    • It converts a forthwith to monthly payment which is set to suit your finances...so if £5 a month so be it...rubber stamped by the court....if you try to negotiate direct ...which it sounds thats what your doing.....they can alter it whenever they feel like it and if you dont comply can execute the judgment...but not if you submit an N245 as advised.   But hey what do we know ? 
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Illegal eviction damages claim

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My friend has rented his house out for a number of years.

He had a disagreement with his last tenants and decided to end their tenancy, he is currently claiming through the small claim courts for damages to property.

 

Looking at his case I believe he may be opening up a huge can of worms as he’s made a few mistakes as listed below

 

1. When starting the tenancy he took a deposit which was not protected - the tenants are aware of this

 

2. He issued a section 21 notice 3 weeks before rent was due - the tenants were up to date with rent

 

3. He left them in the notice period with no hot water or heating and did not supply alternative heating - it was winter so property became very damp, the tennant withheld rent for this reason

 

4. When the section 21 notice finished he changed the locks without an eviction notice - the tenants still had furniture in the property

 

He is now trying to claim for damages to property as House was not left tidy, owing rent, and damages totalling £5000

 

The tenants have refuted his claims stating that they did not have a chance to empty the property or tidy it up to an acceptable condition due to being illegally evicted.

 

Am I right in thinking the courts will throw the book at him and potentially side with the tenants as he did not follow the correct legal proceedings?

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Errr yes

What a terrible vindictive landlord who blatantly does not follow the law.

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Yes, it sounds like the tenants could counterclaim for:

 

- Unlawful eviction

- Return of the deposit

- Penalty of 3x the deposit for failing to protect it

- The condition of the property (the landlord has an obligation to keep the property in good repair)

- Breach of the tenancy agreement (since the landlord will have breached his obligation to let them have quiet enjoyment of the property)

- Inability to access their belongings

Plus their legal costs for defending the claim.

 

The landlord could also be prosecuted for unlawful eviction, which is a criminal offence.

 

Of course it is also possible that the tenants don't defend the case and the landlord simply gets given a default judgment.

 

So there is a whole rainbow of possible outcomes.


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My friend has rented his house out for a number of years. He had a disagreement with his last tenants and decided to end their tenancy, he is currently claiming through the small claim courts for damages to property. Looking at his case I believe he may be opening up a huge can of worms as he’s made a few mistakes as listed below

1. When starting the tenancy he took a deposit which was not protected - the tenants are aware of this

2. He issued a section 21 notice 3 weeks before rent was due - the tenants were up to date with rent

3. He left them in the notice period with no hot water or heating and did not supply alternative heating - it was winter so property became very damp, the tennant withheld rent for this reason

4. When the section 21 notice finished he changed the locks without an eviction notice - the tenants still had furniture in the property

 

He is now trying to claim for damages to property as House was not left tidy, owing rent, and damages totalling £5000

 

The tenants have refuted his claims stating that they did not have a chance to empty the property or tidy it up to an acceptable condition due to being illegally evicted.

 

Am I right in thinking the courts will throw the book at him and potentially side with the tenants as he did not follow the correct legal proceedings?

 

I would advise him to mitigate as much as he can to keep it out of court, if I was the tenant I would be reporting him to the police. Hi is, and for good reason, looking at some serious trouble.

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The claim has been defended with everything above written on it. He was sent a directions questionnaire - as were the tenants, he’s asked to go through mediation, the tenants have asked for it to be allocated to court, I think this will land him in deep hot water!

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He also stupidly on his original claim form stated that the tenants has not returned the keys so had a lock smith change the locks, he stated the day this happened which was the day following the section 21 running out.

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He also stupidly on his original claim form stated that the tenants has not returned the keys so had a lock smith change the locks, he stated the day this happened which was the day following the section 21 running out.
h

 

Well I can only hope he’s done this out of stupidity and not arrogance, however I fear it’s the latter. I would now be trying to settle out of court and hope that they don’t realise that he has also committed at least one criminal offence, if he does end up in front of a Judge then he needs to apologise and offer to make it right, I don’t see how he could mitigate his actions without looking a nasty bit of work.

 

As it stands he’s looking at both a significant award against him from the civil court and also a criminal record. People can not be treated like that. Please keep us updated.

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My friend has rented his house out for a number of years.

He had a disagreement with his last tenants and decided to end their tenancy, he is currently claiming through the small claim courts for damages to property.

 

Looking at his case I believe he may be opening up a huge can of worms as he’s made a few mistakes as listed below

 

1. When starting the tenancy he took a deposit which was not protected - the tenants are aware of this

 

2. He issued a section 21 notice 3 weeks before rent was due - the tenants were up to date with rent

 

3. He left them in the notice period with no hot water or heating and did not supply alternative heating - it was winter so property became very damp, the tennant withheld rent for this reason

 

4. When the section 21 notice finished he changed the locks without an eviction notice - the tenants still had furniture in the property

 

He is now trying to claim for damages to property as House was not left tidy, owing rent, and damages totalling £5000

 

The tenants have refuted his claims stating that they did not have a chance to empty the property or tidy it up to an acceptable condition due to being illegally evicted.

 

Am I right in thinking the courts will throw the book at him and potentially side with the tenants as he did not follow the correct legal proceedings?

 

 

Well there’s some good news about the section 21 notice in point No.2 It’s a no fault notice so the point about rent being due/paid up is irrelevant. However, the other points have done for him. I’m not sure but I do think that failure to provide heating/hot water on purpose is a criminal offence.

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The good news about the S.21 is that it is “no fault” is negated by the fact that it wasn’t a valid S.21 notice......

Additionally, even if it were valid, if T doesn’t leave, then LL still has to go to court for a possession order.

 

The S.21 notice not requiring any fault isn’t really of any significance here.

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The good news about the S.21 is that it is “no fault” is negated by the fact that it wasn’t a valid S.21 notice......

Additionally, even if it were valid, if T doesn’t leave, then LL still has to go to court for a possession order.

 

The S.21 notice not requiring any fault isn’t really of any significance here.

 

Ah of course, failure to protect deposit! Doh, silly me.

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Thanks for the feedback, he’s placed himself in a no win situation I think, from the defence the tenants have submitted in response to the initial claim the tenants are aware that firstly the whole situation in which the landlord has gained entry and removed their belongings was an illegal eviction, he’s also disposed of in excess (they claim) of £2500 of furniture and belongings, and they’ve also stated that the deposit wasn’t protected so I’m guessing they also know they can claim just for that.

He’s of the belief that he will be granted £5000 for repairs/removal/cleaning/lock, he said he’s received legal advice prior to filing the claim but I fear he may have failed to tell his solicitor that he entered the property illegally and hasn’t protected the deposit!

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Thanks for the feedback, he’s placed himself in a no win situation I think, from the defence the tenants have submitted in response to the initial claim the tenants are aware that firstly the whole situation in which the landlord has gained entry and removed their belongings was an illegal eviction, he’s also disposed of in excess (they claim) of £2500 of furniture and belongings, and they’ve also stated that the deposit wasn’t protected so I’m guessing they also know they can claim just for that.

He’s of the belief that he will be granted £5000 for repairs/removal/cleaning/lock, he said he’s received legal advice prior to filing the claim but I fear he may have failed to tell his solicitor that he entered the property illegally and hasn’t protected the deposit!

 

I genuinely hope he did not get that advice from the place that advised about the eviction.

 

So you are saying that even after all this he still thinks he is going to be succesful, when is the court date? Thank you again for the up date, I am very interested to see the outcome.

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I fear the legal advice may be via google!

The case has just been transferred to the county court hearing centre for allocation so no date set yet.

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I fear the legal advice may be via google!

The case has just been transferred to the county court hearing centre for allocation so no date set yet.

 

Oh!

 

Please keep updating your post. It will be very interesting to see the outcome, especially for people just like him and people who have landlords like him.

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Just an update. Date set for September however the landlord now has to pay a further £350 for allocation, I’m hoping this is a deterrent from taking it further but we will see!

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Just an update. Date set for September however the landlord now has to pay a further £350 for allocation, I’m hoping this is a deterrent from taking it further but we will see!

 

Further update, landlord has requested mediation rather than court hearing but the tenants have rejected mediation on the grounds of illegal eviction, non protection of deposit, disposal of furniture and non provision of heating/hot water.

This is going to court on the 18th September I think the tenants have a very strong defence, I cannot convince my friends husband- the landlord; to drop the case so how would you say he’s best proceeding? Personally I think he’s in with a shock

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This is going to court on the 18th September I think the tenants have a very strong defence, I cannot convince my friends husband- the landlord; to drop the case so how would you say he’s best proceeding?

 

Advise him that perhaps he should look at selling a couple of assets (maybe his house) and be prepared to pay out a four figure sum in compensation and costs.

 

Have the (ex)tenants filed a counter claim ?


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Further update, landlord has requested mediation rather than court hearing but the tenants have rejected mediation on the grounds of illegal eviction, non protection of deposit, disposal of furniture and non provision of heating/hot water.

This is going to court on the 18th September I think the tenants have a very strong defence, I cannot convince my friends husband- the landlord; to drop the case so how would you say he’s best proceeding? Personally I think he’s in with a shock

 

Unfortunately we all learn lessons in different ways. The laws were put in place to provide punishment for those who take actions like this. I think it's important to call this chap exactly what he is, a rogue landlord who's complete disregard for the law has caught him out.

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Ok further update. Court hearing set for 2 weeks time. The landlord has provided the tenant with a file of evidence, within this file he has admitted everything including

1) never having seen the need to use a deposit scheme as they use a secure account instead

2) a letter from landlord to tennant threatening to remove them from the property within 7days (within the section21 notice period)

3) multiple statements from neighbours which all look identical - I fear these may be false

4) invoices from a locksmith stating the date he changed the locks

5) multiple pictures of the tennants property within the house and a statement saying he took it to the tip

 

I think in this document he may have completely thrown the book at himself.

By some small miracle is there a chance the judge may look past all the wrong move and just look at the costs it took to prepare the house for rerental?

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Just another thought. The tenants have instructed a solicitor could the landlord be liable for these cost?

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Just another thought. The tenants have instructed a solicitor could the landlord be liable for these cost?

 

What track has it been allocated to?

If to the small clams track, has his litigation behaviour been manifestly unreasonable??

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Yes to small claims. Who’s behaviour are we talking about? Landlord or tenant

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Yes to small claims.

 

Costs in the small claims track are strictly limited unless there has been entirely unreasonable behaviour.

 

Who’s behaviour are we talking about? Landlord or tenant

 

Both, but who are you saying has behaved badly?

The LL, correct?

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I think both have however the landlords failure to adhere to simple laws the rental of the property and the processes used to remove tenants out weighs the tenants wrong doings I fear

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Just another thought. The tenants have instructed a solicitor could the landlord be liable for these cost?

 

Legal costs are not usually awarded in small claims track. However, they can be awarded against a party who has behaved unreasonably.

 

From what you've posted so far this particular landlord sounds as unreasonable as they come. Based on the limited information in this thread it sounds like there is a very good chance of him losing the case, being ordered to pay a penalty for not protecting the deposit and being ordered to pay the claimant's legal costs.

 

3) multiple statements from neighbours which all look identical - I fear these may be false

This is the worst of it. If the judge concludes that the landlord has been dishonest in his evidence, the landlord is highly likely to be ordered to pay the claimant's legal costs.

 

By some small miracle is there a chance the judge may look past all the wrong move and just look at the costs it took to prepare the house for rerental?

This is possible - anything can happen in court. But I don't think it will be easy for the judge to overlook blatent non-compliance with the requirement to protect a deposit, fraudulent evidence and what sounds like an illegal eviction.

 

The landlord has got himself in a real mess here. The best advice might be to try and reach a settlement with the Claimants before getting to court.


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