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    • 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
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Claiming expenses after successful defence of claim


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Just after a bit of advice. I have successfully defended a claim brought against me and at the end of the hearing I asked the Judge if I could submit financials for consideration. I was told I could claim £45 for a half day hearing attendance but no more. The case has actually cost me £1200 to defend (time off work, mileage, parking etc) which is of course a tad annoying. Seems unfair that I can be dragged through the civil legal system, win the case and be out of pocket. Is this normal?

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Was this a small claim? If so, the amount that can be claimed for expenses is extremely limited. I'm also finding it a little difficult to work out how it could have cost you £1200 to defend unless you instructed a solicitor.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Was this a small claim? If so, the amount that can be claimed for expenses is extremely limited. I'm also finding it a little difficult to work out how it could have cost you £1200 to defend unless you instructed a solicitor.

 

Yes it was small claims court. £1200 in lost wages due to the hours spent writing my defence etc ( I work for myself and charge by the hour).

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Unfortunately costs in small claims are limited to £50 plus time spent at the actual hearing. Whilst frustrating, this is so that people aren't put off using the Courts because of the risks of paying the other parties costs, which are often completely disproportionate to the amount of the claim.

 

I appreciate that someone who is self-employed often works very long hours, but most people would have been able to deal with the paperwork around their work commitments. The only chance would have been if you could prove that the claimant's behaviour was unreasonable from the outset, but that is a very high bar to cross and the fact that they lost is nowhere near enough.

 

It may be small consolation, but at least you did win.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Yes it was small claims court. £1200 in lost wages due to the hours spent writing my defence etc ( I work for myself and charge by the hour).

 

Long Defence at that rate? self employed - ever been on a jury and tried to claim over above their figure

:mad2::-x:jaw::sad:
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Long Defence at that rate? self employed - ever been on a jury and tried to claim over above their figure

 

Took a lot of time to put together. No, never been on Jury duty thankfully!

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Llp rate would have to show how got to the figure, even high grade solicitor has a ceiling by grade on cost etc, you are dreaming in regards that figure and be shown as a chancer by a judge,, no doubt they will see straight thru it, jury i.e self employed , by the way jury service is not voluntary you would need a good excuse not to attend, but the experience can be an eye opener for you of what things are happening around you that you do not know.

:mad2::-x:jaw::sad:
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Llp rate would have to show how got to the figure, even high grade solicitor has a ceiling by grade on cost etc, you are dreaming in regards that figure and be shown as a chancer by a judge,, no doubt they will see straight thru it, jury i.e self employed , by the way jury service is not voluntary you would need a good excuse not to attend, but the experience can be an eye opener for you of what things are happening around you that you do not know.

 

Yes, appreciate that there are ceilings etc. I'm not self employed but company owner. It's very easy to reach £1200 very quickly with hours put in and mileage, parking etc etc. Just seems unfair that someone can be dragged through the legal process, win the case and be out of pocket. Never mind, it's all done now so time to move on I guess. As for Jury service, one of my lads has just done it this month. Very interesting by all accounts although I would rather not get called up personally.

 

Thanks for the replies all.

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unfortunately that is the so called legal service of this country, when you think the DJ is on £100,000 + per year and causing misery in most cases

:mad2::-x:jaw::sad:
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As mentioned above..this is the norm in a small claim...as a litigant in person in can work to your advantage, for example many companies need to employ a solicitor at a cost of at least £100 - £200 per hour, on the small track they cant claim this back so its often uneconimical for them to chase you for small amounts.

 

Actually losing £1200 does sound excessive to be honest, as mentioned you should be able to fit the work around your work..actually having days off and losing money is rare.

 

There are some ways to get costs (this is how you should refer to it)...first is to use the strike out process to get rid of the claim completely (or partially) at a very early stage, pre-allocation, pre-allocation means before it has been allocated to track (small) and therefore the normal costs rules DO apply. The otjher is to point out to the judge the other side behaved unreasonably or did something that made you incur more costs or dragged the dispute out.

 

Read the CPR as all of this is covered > https://www.justice.gov.uk/courts/procedure-rules/civil

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