Jump to content


  • Tweets

  • Posts

    • 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
  • Recommended Topics

  • Our picks

  • Recommended Topics

Setting aside a ccj - defence sent to wrong court


Recommended Posts

Even better then.....very patient Judge dealing with this claim. Don't forget to refer to her  " expert electrician " as a family friend at the hearing who is not qualified to give testimony on a subject he's not qualified to give. :-D

 

Andy

  • Like 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites
  • Replies 188
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Popular Posts

That should be a laugh - her writing to the court in her spider scribble. 

Morning  just to update I posted a letter through to the claimant this morning as advised and she has replied in A text message . This is the reply ....     Good morning ,  as I ex

In fact I wouldn't be surprised if the expert keek thought they had agreed on is still willing to do it and the claimant has made up that he doesn't!

Posted Images

Yes very patient. She is a nightmare! 

I couldn't believe it when she said who she wanted to use as an expert. 

Just confused as to why the original expert didnt want to do it, maybe she didnt instruct them in the 1st place. I have never recieved anything from them. She said she spoke to them and they have put a trace on me. She's crackers! 

Thank you for all the advice, fingers crossed the next hearing will be the last. 

Link to post
Share on other sites

He probably also lost patience.

  • Like 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Is it worth contacting the previously agreed expert and finding out what has changed and why?

 

If they are willing to write to you (or the court!)  explaining (have they received instructions at all? What has changed??) so much the better

 

The judge might not be able to consider what such a letter would say (unless they’d be prepared to make a witness statement), but you might accidentally drop it into discussion, and if the judge asked to see the letter it might be useful if it places the claimant in a bad light ….

  • Like 1
  • Thanks 1
Link to post
Share on other sites

Thanks, I will give them a call tomorrow and update if I find anything out. 

Link to post
Share on other sites
5 hours ago, keek said:

 

 

She told the judge the independent expert we chose will not attend now.

 

The judge said she could use her own expert.

 

 

 

 

 

 

 

According to CPR  the use of expert witness was to be chosen and agreed between the parties.

 

Quote

There will be a single expert witness instructed by the parties jointly, whose evidence will be in the form of a written report. The judge may define the issues to be addressed. Further directions may be given as to this expert, as below..
Pre-action protocols may have required an expert’s inspection before the claim is filed in court.

https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/experts

  • Thanks 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi Andy,

Thanks for the info.

 

I'm struggling to understand how the claim can be resolved with no independent expert.

At the last hearing the judge said it could only be resolved with an independent experts report. We aagreed on one.

Why would he then let her pick her own and me act as my own expert? 

 

Her "expert" did a witness statement at the very beginning, im sure the judge told her at one of the hearings it couldn't be used as he wasn't an expert. I think I uploaded the report. Its rubbish. 

Will her "expert" do a new report or just attend the hearing and rely on his initial statement?

 

I'll will update when I get the info from the court. 

 

 Thanks again. 

  • Like 1
Link to post
Share on other sites

All valid points that you must make a note of to raise with the DJ at the hearing...but reading between the lines with your last update it could be the judge is humoring the claimant and simply going through the motions....hopefully getting ready to dismiss the claim.

  • Thanks 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I've been following this thread since it started two years ago and the person demonstrating most patience here is keek!

 

I understand that in small claims cases judges may need to give inexperienced and unknowledgeable parties a lot of leeway, but the courts seem to leant over backwards here in the claimant's favour to a ridiculous degree.  With the litany of court requests and orders here that the claimant has failed to comply with, I can't see that the judge needs to humour her any further before kicking the claim out.

 

With the judge apparently giving the claimant carte blanche to choose a family friend and non-expert to give an independent report, if I were keek I'd be concerned about what else might happen.  Surely this should have been done and dusted ages ago?

 

I also agree with Bazza's post #179.  I'd contact the original expert keek thought they'd agreed on and ask him why he no longer wants to be involved.

  • Like 1
  • Thanks 1
Link to post
Share on other sites

Precisely. At which point keek gets the agreed expert to report that the claimant was being obstructive …..

  • Like 1
Link to post
Share on other sites

Hi , thanks for all the replies, Much appreciated. 

I've not spoken to the expert we agreed on yet, I am waiting on the directions from the court after the hearing last week. 

 

I have received a letter from the claimant this morning telling me she is in the process of getting a fully qualified cctv expert. 🤦‍♂️ 

 

Think she's trying to backtrack on the family friend non expert she said she wanted at the last hearing. 

 The letter is nonsense she's on about a cracked skirting board now.

Link to post
Share on other sites

Simply confirming the replacement expert witness ......not sure what the defendant evidence may include matter of  opinion entails.?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...