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    • Not really. His claim will succeed simply because its a simple matter of a lost parcel and no insurance. Its not a complex case so I think he’ll be fine, especially as it is P2G who arent very good at defending claims but I ageee its not been handled at all well.   My only concern with withdrawing is that he loses £35 in the case of £240 but thats a matter for him   I dont think it has a reduced chance of success if OP actually replies and actions things but if not then ofcourse it will struggle.   My concern is if he starts again it’ll be just as sporadic.   Maybe close thread and let him make a new one if hes ready to engage?
    • Please will you start reading up on the stories on the some form especially the pinned post. I have to say that I'm concerned that you feel that a warning from P2G is going to affect your rights and is going to subvert statutory law. I think you've been here for a few months and I would have hoped that by now you would understand that terms and conditions must always be interpreted in the light of overriding statute. Also I suggested that once you have done the reading on the sub- forum then you would understand the information that we would need in order to give you the best help. The fact that you haven't told us what the item was suggested also that you haven't done the reading. Please give us full details including identity of the item, value, where these properly declared? Dates – blah blah blah. Not paying attention to P2G. Pay attention to us
    • P2G can make clear whatever they want frankly, the judge isnt going to sit there and go “they told you to buy their insurance and you didn’t” and then dismiss your claim.  I would say you should send a formal complaint then after 7 days sent a LOC. Day 21 from now submit your claim on OCMC.    
    • I thought i could just use ( copy and paste)  the terminology from my other post earlier in the year when i previously claimed against P2g .   The parcel hasnt been 'officially ' lost yet i have another 13 days before their 'investigation' ends and then theyll probably offer the postage back as i didnt take the 'insurance'   But to recap ,  The parcel was booked through P2g and sent with Evri. No Protective Insurance was taken out. The parcels value is only £48 plus postage of £3 and the value of the parcel was declared The parcels tracking says while it was in Evri's system it was sent to an 'incorrect' depot and tracking would be updated in 24 hrs which it didnt and the delivery date passed, i then had a live chat with P2g who opened an investigation and im waiting to hear what's happened. My only concern is,  last time i claimed P2g made it clear that in future i must take out their protective insurance which i gavent and im wondering whether this will ' complicate' things ...  
    • it is precisely for these reasons that the OP should withdraw the claim and begin again. Firstly, the case has been badly handled from the start. The OP hasn't come to us and stuck to it in a regular engaging way. Secondly, it seems that the OP is now being advised on the basis of it being a matter of principle rather than looking at a sensible and pragmatic outcome. We have a duty to the people who come to help us to try and get the best solution for them that we can. Secondary is that we want to notch up a further victory against the parcel delivery industry – and frankly it doesn't matter which company it is as long as we get a victory. If we simply urge someone to continue a case at their own expense in a claim which has a very reduced chance of success, simply because it gives us personal satisfaction, then this is really contrary to what we do and certainly contrary to the interests of the claimant. I'm now urging the OP (Original Poster) to withdraw and to start again and work with us very closely in order to get a much more certain victory. By continuing this claim, not only with the OP risk even more money, it will take more time in the sense of failure will be demoralising. Better to feel that one is in control by exercising one's own choices and taking the long view
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Landlord Court Claim, WS due in today, no letter before action - claiming £4500 floor damage


purplenora

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Hiya,

I am helping someone with a. Court claim against them. In short it’s their old landlord taking them to court for £4500.

There were disputes after leaving,  and the final months rent owing, which the landlord has since taken the bond which covers that.

He is also claiming for a number of things, including full new flooring downstairs as he said the old was scratched, it was also very old, older than 10 years. My friend had lived there for 6 years and it was old when he moved in and noted that there were scratches on the floor in the inventory. I know that he would only be allowed to claim a portion of that as he is not allowed to benefit from betterment, but I am struggling to find the litigation to back that up.

also, he never issued any letter before action, the first my friend knew of this was the court paperwork. He submitted his defence etc in time, and though I’m sure it wasn’t great, and definitely wasn’t worded in Any legal sort of way, it was in.

He now needs to submit his witness statement by 4pm today. He’s requested an extension due to not having received the sar from the letting agents which means he doesn’t have all the info he needs to submit. But he hasn’t heard back from the court so needs to do something by 4, which I am trying to help him get done in time,

can anyone help advise how to argue that there was no letter before action please?

I know it’s an issue, but I don’t know how to argue it for him and can’t find anything when I’ve searched on here. Also, can he win with this?

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The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

Topic moved to General Legal Issues Forum.

 

Andy

 

.

 

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  • AndyOrch changed the title to Landlord Court Claim Urgent help please, evidence due in today, no letter before action

Yes that's your first intro point. Take a look around at some examples of witness statements to form and layout. If you refer to a document within the statement you must mark that paragraph with " See exhibit number xx " after that paragraph/sentence, and attach all the documents to the statements.

Statement must be finalised with the current statement of truth.

  • Thanks 1

We could do with some help from you.

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Thank you.

 

I know this is a huge ask, but if I get this done in the next couple of hours would you please take a quick look at it for me before I give it to him to submit? 
 

also, the lack of pre action protocol, is that likely to be taken seriously by the court or will they brush it off?

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Sure no problem...although the content will be yours I can check its compliant with CPR. Lack of pre action protocol can have have  an adverse effect on the claimants costs (if awarded) with regards to costs should your friend lose the claim.

We could do with some help from you.

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  • dx100uk changed the title to Landlord Court Claim, WS due in today, no letter before action - claiming £4500 floor damage

have you not got the landlords WS yet with photos showing the damage before and after your friends tenancy period?

if no claimants WS yet might be best to wait or it?, see what cards he has?  or you have and there is no photos then the claim ain't going no where......

he must produce evidence.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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He has received the landlords witness statement, and there is photos of scratched flooring. However there are no before photos at all, and they were definitely commented on when my friend and his family moved in

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THEN MAKE SURE you lay the fact of no pre photos on thick in your ws and that it was noticed when you moved in.

has the claimant included their pre agreement report on the place before he rented to your friend? if not point that out too.

where the proof the damage was not present upon rental start...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 6 months later...

any news...

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Sorry I didn’t think to come and update this. 
 

the outcome was that he went to court.

Apparently the judge told the landlord off for not sending a letter before action but did nothing about it.

He didn’t accept all the damages the landlord claimed, and told him off for accusing my friend of deliberately and maliciously damaging anything, and he awarded him small amounts of the damages he claimed for.

The landlord had also made an awful lot of things up that never existed and accused my friend of stealing them, and the judge didn’t accept any of those claims.

However, I’m back asking advice now.

he made an offer of payment via the court forms, sometime before Christmas straight after the hearing. The landlord didn’t reply, the court accepted the payments. My friend has been paying the £10 a month each month.

Then a couple of days ago he had received a letter from court with a hearing date in a couple of weeks, and a very irate letter from the landlord saying that my friend has consistently lied and that nothing he says should be believed, and that he wants the bailiffs to be called on him and that he absolutely refuses the payment plan.

The letter is marked as received by the courts in December and this is the first that’s been sent since then.

My friend and his wife are now panicked, what does this mean?

And can they now get bailiffs sent round?

He earns an ok wage, which somehow the landlord has referred to in his letter, but he equally has a lot of expenditure and can’t afford to pay any more.

What will happen at this hearing and can they send out the bailiffs - just because the landlord wants them to? 
I have no clue what to advise him,

can you help at all please?

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2 minutes ago, purplenora said:

However, I’m back asking advice now. :-DSo he made an offer of payment via the court forms,

If it was done via N245 and the payments are up todate then the landlord must make an application with fee for a redetermination.

Can't execute with bailiffs can't do anything until he attends a hearing and presents his arguments    ignore.

Andy

We could do with some help from you.

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is there a chance that the judge might send bailiffs?

The landlord’s argument is that a payment is a waste of time they should just send out bailiffs.

I’d thought that if the judge agreed to a payment plan then there was nothing more the landlord could do

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cant just send in bailiffs no. end of the matter

the judge has to agree to that. and i doubt he will.

why doesn't he stick in an N245 and nail the LL in his box.

what is this hearing for?

1 hour ago, purplenora said:

Then a couple of days ago he had received a letter from court with a hearing date in a couple of weeks

scan the letter(s) 

variation of judgement or what?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I’ve no idea, it’s just a court letter saying Notice of Hearing of Application at the top, then the details of claimant and defendant. 


There’s a second photocopied court letter attached which says creditors Reply to Debtors Application to suspend warrant of control.

This has ticky boxes on for accepting or not, and a separate letter from the landlord.

I will scan them both in

Creditor's Reply to Debtor's 2.pdf

I hope that is legible I’m not at home so only have my phone and it made me convert it to word then pdf and the end went a bit weird and it split the first over a couple of pages

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right so this is a little bit further down the line than first posted about.

your mate did put in an n245 and it looks like the LL is objecting to the sum offered, and a hearing has been called.

im not too familiar with this so ill let @AndyOrch explain things more clearly as what needs to be done, if anything.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Have to attend the hearing and present evidence of his financial position (income & expenditure) and  statements ,and agree an acceptable payment plan with the judges guidance. 

It will be a form of redetermination hearing as already stated.The court will not agree to bailiffs if the financials do not reflect it or assetts are minimal.

They just want to determine his true affordable disposable monthly figure....which will not be £10.

We could do with some help from you.

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His financial situation isn’t great, and the landlord has made lots of things up. The things he’s put isn’t true at all. My friend did tell the full truth with incoming and outgoing, I helped him fill in his form and he checked bills etc. to make sure it was right. His wage is ok, but not as good as the landlord thinks it is,  and he doesn’t have anything spare. How much are they likely to take from him? Should he send any reply? 
the letter just says to take the court letter with him. 

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Nothing to stop him preparing a statement in response to the application and reasons as to why the warrant should not be approved.

We could do with some help from you.

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I would file it earlier (7days) and serve a copy on the claimant/sol if represented 

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 OTHER

 

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

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