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Money claim for rent arrears

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  • #31
    Might you want to question the other party's witness(es)?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #32
      Yes, that would be good, but I have heard nothing from the other party at all regarding the case. So I don't know what they are doing at all.


      One other thing, I know it always says to tick yes for mediation, but I don't think there is a way to mediate this as I didn't do what they suggest.

      Comment


      • #33
        The starting point is to know what you want, and why. You can then put that into words.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #34
          Thank you. I will put that.

          Comment


          • #35
            Just sent my directions questionnaire to the claimants solicitor and received this response back.

            "Would you be willing to come to an agreement for the matter to be withdrawn against you or the money claim?"

            I did tick yes for mediation. I want this matter withdrawn, is that the correct response?

            Comment


            • #36
              I'm just going through the evidence that they sent me through that they used for court and in it, there is an email from the claimants barrister that states in court that the person who acquired the keys for the flat said this in court.

              Through Mr duty solicitor is was contended that when Ms xxxxx vacated the property some xx
              years ago there was an agreement with the Claimant that Mr xxxxxxxx could stay
              there and that on the basis of this he has been paying the rent for many years - with
              housing association fully aware of that fact.


              If this is the case Why did the person who acquired the keys for the flat pretend to be me when they were taken to court for rent arrears in 2018 and why go to the bother of obtaining a bank account in my name?

              Obvious that the people who acquired the keys can't there story straight.
              Last edited by dibss; 25th July 2022, 14:58:PM.

              Comment


              • #37
                I am looking over the evidence from the DSAR and wondered if I should ask there solicitor for clarity on lack of information provided? Or is it a bad idea and better just to write it in the witness statement?

                The first question I have is who dealt with the rent arrears in 2010?

                The second is did the office interview that was requested in 2018 take place and if it did what evidence did the person who attended provide?
                The Letter asks for proof of ID, passport, drivers license or other photo ID showing current address.
                A utility bill showing current address
                A bank statement showing current address
                and the tenancy agreement.

                Comment


                • #38
                  Have just found this in the DSAR, which relates to the office interview that was requested July 2018

                  ___ (___) on behalf of EON trying to gain access to this address with a view to change metre to a pre payment metre - despite several correspondances and attendance at the property they have not been able to gain entry - they are at the point of applying for a warrant - forced entry - the name that ___ gave was for a _____ who was been making payments up until January. Name doesn't appear at address. There have been no repairs since 2017 - there was a Kitchen upgrade due - awaiting confirmation from Planned team to see if there has been any contact - **think tenancy check nee______________ ______________ <______________.______________@xxxxxxxxx.org.uk> ds to be carried out - poss sub letting/illegal exchange - also we prob need to liaise with EON regarding this situation. Having looked at the account details - the registered tenant has been in contact with rent team by email regarding arrears but has not been able to attend to pre court interview. **further info - having spoken to planned works team, the 2 x kitchen upgrades have both been cancelled due to no contact - definitely needs further investigations please

                  Tried all the numbers listed on system. No response / not sure they're all working. Was able to leave a voicemail on one number _____ and asked resident to call me back on direct line. Someone claiming to be ______ called back shortly after . Claims he has been living there with xxxxxxxx for 2/3 years. I asked if she was available to speak to but he said she was at work and that's why he was answering her phone. I said EON are on the point of forcing entry and asked why he / Ms xxxxx hadn't responded he said they both work long hours. I pointed out they would have tried contacting them by letter etc so how come they didn't have time to just call back. Advised him we would be calling Ms xxxxx in as the named resident. He said he would let her know. I also tried calling the number for ___ (EON) given above by the contact centre and left a message asking him to contact me back. Eventually spoke with ___ who called me back and was able to confirm they haven't been able to speak with______because they have no number for him. I was unable to give them the number I was able to contact ________ on. Wrote to Ms xxxxx inviting her in for an interview.

                  Comment

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