rent over payment - issued a claimform - Statute Barred?

[simeon1964]

311019C.pdf

[AndyOrch]

Not sure what the above is but if your intending on making an application to Strike Out/Summary Judgment then you need to put it into witness statement from and attach a draft order to the application notice N244.

[simeon1964]

This is a follow up of thread stated in September.

The defendant now making application to strike out my claim because I am not accepting his offer of settlement to i want your help.

See attachment above

[AndyOrch]

Have or intend to make application?....if they have post up a copy of their N244 redacted please.

[simeon1964]

Here it it

311019C.pdf

 

Here it it....... any help on this application?

 

[AndyOrch]

Now you must draft a statement in response ...simply using their statement as a guide and copy the format and refute each point for your reasons why...and like theirs if you wish to refer and rely on any evidence mark it as Exhibit 1a/b etc etc.

 

You must file and serve your statement why you object to their application and why their request for strike out/Summary judgment be denied not less than 7 days pre hearing date.

 

Andy

[simeon1964]

This application has come to me via my email address. Should I wait to receive notice from the court first before response as no notice from the court has been received by me yet.

[dx100uk]

how come the fleecers have your email?

[simeon1964]

From my last contact with them years ago before this claim and it was my work email not personal email.

 

[dx100uk]

send one email in reply

state this nor any email addresses are NOT to be used for any communication regarding court case xxxx 

then block/bounce them.

 

give the court a ring Monday and check if they have anything yet.

 

 

[simeon1964]

Will this make any difference if I have been responding back in the time they have been sending emails to me on this matter

[dx100uk]

cut email communications totally and block/bounce emails after sending the one liner I suggested.

[simeon1964]

I have decided to accept the defendant offer £700.00 on condition, consideration is given to court cost and advice advice sort on the matter since totalling £1500.00 from the beginning of this claim in August 2015 but they are not bulging. Attached  

2copies CagNov19.pdf

[dx100uk]

so why are you dropping your claim of £4000+??

 

[simeon1964]

Same thread.same issue pages 1-3

[dx100uk]

??

you were claiming £4000 you are indicating you were willing to accept the £700 but wanted cost so the consent stalled.

what is the reason you are not now chasing the original particulars of  claim value?

 

[simeon1964]

The previous account was calculated badly in 2015.

The recent accounting by my new accountant similar to the defendants calculation.

 

When 4K was demand in 2015.

they responded only £415.00 was owing but failed to release statement to clarify the issue of payment until i issue my claim in 2017 when they sent me their own figures

 

They failed to pay either £415.00 admitted in 2015  nor honour my demand for £4k.

 

In 2017 when  i issued the claim,  that was when they admitted owing £415.

Had they dealt with my request in 2015, I would not have taken court action for 4k  

 

I am accepting the offer because the first account was far to wrong. 

[dx100uk]

then your court claim and it's subsequence cost are due to your own mistake.

 

you cant claim them.

 

I would drop the current claim and run fast ...accepting their consent order.

[simeon1964]

Have you omitted the fact that the amount admitted by the defendant was not offered for payment until after over four years when my claim was issued.

 

Defendant was not ready to reconcile account I submitted in 2015 or pay what they owed until my case was issued.

Yes, my accountant made mistake but my action was no frivolous. 

 

I believe they are responsible for my cost if not all but some, interest, and probably restitution damage.

All I get is inconvenient for delay of 4years of less than £300.

[dx100uk]

sorry your story is rather confusing..

 

so there was no previous court claim for the £4k until you issued your claim for the corrected £415 sum in 2017?

 

you would only be entitled to court interest @ 8% from the date of over payment, but you only get that if you win and the judge orders it.

cant see what damages you've suffered.

 

prior to the claim issuance did you enter into dialogue wanting to recover the £415 once you/they proved/realised the £4k sum was an accounting mistake upon your behalf? or did you simply issue the claim without even a letter before claim ?