Hi Legalbeagles. Help needed. Breach of contract Mcol procedure.

[R0b]

Is that your particulars of claim you have drafted?

[Savj]

Yes. I'm going to send it in more detail through the post. There's just too much information to get it into fourteen lines or whatever it is.
Do I have to send a copy to the court as well as the defendants?
I am really struggling with this. I want to get it right but I don't want to write a novel either!

[R0b]

Putting it bluntly, those particulars of claim are ripe for being struck out.

Even if you are intending to send more detail through the post (I presume you mean you ticked the box for sending detailed POC within 14 days?) you have to provide a concise statement of facts - what you've provided there is nothing more than gobbledygook at best.

Rather than making a hash of things and then exposing yourself, why not take a step back and think about what you are writing and maybe seek some assistance from the forum. There is some formalities that you need to comply with and if you don't get it right your claim might be struck out and dismissed from the start.

Did you read the guide that Des provided in his post earlier or just skim it, because the POC you have written would suggest that you didn't. Anyway, do you have legal expenses insurance because I would strongly suggest you use that option if you can. Also if you paid any deposit using a credit card then you could also have recourse against your credit card provider. These options might be easier than taking the seller to court on your own.

That aside, our original post says you are claiming breach of contract. Do you have a copy of the contract of sale and if so, does it mention anything in there about the seller removing their goods? You should see a reference in there about the seller giving vacant possession. This is a term is a principle whereby the seller agrees to leave the property empty, or at least in a state that the buyer can move into. In other words, the seller has to shift their goods out which in this case doesn't seem to have happened.

So that's the first thing you do. If you don't have the contract then you need to obtain a copy of the file from your solicitor or conveyancer because not only will the Court will expect you to provide a copy of that contract at trial, you need to specify the exact clause that you are claiming the seller has breached.

Regarding the gate issue, that may very well be a breach of contract but potentially a misrepresentation if they stated in the replies to enquiries that the gate is in good working order. Again, you will need a copy of the documentation as evidence to prove your case.

If you can provide some answers to the above points I've made then we might be able to get somewhere and help you draft your POC, if you still intend on taking it on alone.

[des8]

For the record if the contract of sale incorporated the Standard Conditions of Sale (Fifth Edition) it should have included Special condition 4 "The property is sold with vacant possession"
Furniture not included in the sale/purchase or rubbish left at the property can mean that vacant possession has not been given.

[Savj]

Thanks Rob for your honesty,
I really just don't know where to start, I have a copy of the contract of sale and a copy of the fixture and fittings form which states the items that were to be left but how do you set out a case in such a short amount of words. I've read the piece Des provided. To be honest I'm getting myself more mixed up with it all.
My solicitor initially started out trying to communicate with the sellers solicitor but had no response. The next thing was' oh, it's up to you to sort it out now! If we deal with it, it will cost more than your claim' and that was that. I really can't afford to just walk away from this but I really don't have a clue how to go about it. I will have a look at my insurance policy. I'll not hold my breathe on that one though.
I've searched online and found this forum, hoping to find some information on how to go about things. That's why it's taking me so long. I want to get it right, I just don't know how to set it out in legal terms.
Thanks again for you help.
Regards.

[Savj]

This is the contract conditions that were set.

[R0b]

So clause 4 of that page of the contract you've uploaded states that the seller agrees to sell with vacant possession so that is the clause you reference as part of your claim. So far, you've not supplied any evidence here to show that the seller is in breach of contract for the gate or misrepresented that the gate was in working order.

Yes, the MCOL site has limited characters you can input into the claim form however the government are currently trialing a new money claim system which as far as I am aware, does not restrict the number of characters you can put into the claim details, or at least it gives you much more to play with. I would suggest that in order to avoid the issues with the limited characters on the current MCOL system, you might want to sign up to the new money claim system here: https://www.gov.uk/make-money-claim

Its a bit late in the night for me to give any example wording but I'll have a think tomorrow and post some wording as a starting point. In the meantime and to help you formulate your POC you might want to fill in the attached document just so you can use that as a reference point.

[Savj]

Thanks Rob,
It's very much appreciated and very kind of you. I will find all relevant documents and contact the solicitor I used to send the details regarding the gates?

[R0b]

Following on from my last post, setting out your POC is relatively straightforward so long as you keep to some rules:

1. The POC are a concise statement of facts. You do not need to include every single detail, whether it is email, text messages telephone calls etc. but enough information that enables the defendant to know the case they have to meet. You do not include any legal arguments as that is retained for the hearing.

2. Always number your paragraphs and the general rule is one paragraph per point.

3. Do not write your POC in the first person, always third person. So you refer to the Claimant and the Defendant.

In terms of drafting the POC for a breach of contract, try to stick to the following:

1. Introduction (this can either identify the parties or a couple of sentences giving a summary of the claim)
2. Was the agreement written or oral? If written refer to the key clauses that you are relying on.
3. Brief factual background
4. What is the breach of contract
5. The loss you have suffered
6. What remedies are you seeking from the defendant

Putting the above altogether, a very basic example of breach of contract claim might go something like below. You don't need to include the parenthesis but they are there for example to help you understand.

(The Introduction)
1. The Claimant claims damages arising out of a breach of contract in connection with the sale and purchase of a freehold property. The Defendant breached the terms of the agreement by failing to sell the freehold property with vacant possession.

(Background)
2. By a written agreement the Defendant agreed to sell, and the Claimant agreed to purchase, the freehold property [insert address and title number]. The purchase price was [amount].

3. There were the following written terms of the contract:

3.1 Completion of the sale would take place at [time and date] 2018 (the "Completion Date").

3.2 The Defendant would sell the freehold property with vacant possession.

4. The sale was concluded on the Completion Date but upon entering the property the Claimant noticed that the Defendant's possession remained.

(The Breach of Contract)
5. The Defendant breached the contract in that [he/she] did not sell the property with vacant possession and remove the contents prior to the Completion Date. The Claimant could not therefore assume and enjoy immediate and exclusive possession, occupation or control of the property. Accordingly, the Claimant has suffered the following losses:

(Losses Suffered)
5.1[List separately each loss suffered and the amount]

5.2[List separately each loss suffered and the amount]

5.3[List separately each loss suffered and the amount]

6. Further, the Claimant claims interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per annum or alternatively any other rate that the Court thinks fit.

(Remedies Sought from the Defendant)
AND THE CLAIMANT CLAIMS:-

(1) Damages pursuant to paragraph 5 above;
(2) Interest pursuant to Section 69 of the County Courts Act 1984;
(3) Costs.

As above, this is very much a basis interpretation of a breach of contract claim. You also might have a misrepresentation claim which you should also look into before you decide to issue a claim since you want to maximise your chances of being successful.

You might be wise to post up a draft copy of your POC before you submit it but that's entirely up to you.

[Savj]

Good evening Rob,
I just wanted to let you know how much I appreciate the help you are giving me. I've had a look at the details of misrepresentation. I'll do some more reading and try and get my head around it. I've emailed my solicitor today and asked them to forward all the correspondence regarding the repair of the electric gates. Just hope they will help.
I've found emails I have from them, discussing the matter in which I mentioned receiving a phone call from the sellers estate agent stating that the seller would have the gates repaired and send the estate agent a video of them working.
Unfortunately, we didn't go and witness the gates working ourselves as there was some tension between us. We agreed on a price to buy the house and started the conveyancing, then a week later we received a phone call from the estate agent, telling us we had been gazumped that the seller had received a higher offer and that if we still wanted the house we'd have to pay more. Having two children and needing to find a home for us and not wanting to lose our buyer, we couldn't find anything else suitable and we were on a time scale, reluctantly we had to pay £10,000 more. They had us over a barrel. So needless to say, feeling weren't quite the same between us after that. Hindsight is a wonderful thing, we should have run for the hills then.
I'll have a go at filling the POC you kindly drafted and let you have a look at it. See how much of a mess I can make it.
Many thanks again.

[Savj]

I've had a look at the money claim system and I've gone through the different check list and according to my answers I'd not be able to go down this route as it can only be used if making a claim against an individual. Sadly I was told by my solicitor that I'd have to make a claim against both people named on the sales particulars.

[Amethyst]

Are you looking at Current MCOL:
https://www.moneyclaim.gov.uk/web/mcol/welcome
or the New trial (BETA version) MCOL:
https://www.gov.uk/make-money-claim

The ( 2nd Defendant ) screenshot that Jaguar posted was from the original one.
We haven't really sussed out the new one yet.

[Savj]

It was the new trial I looked at. The yes, no answers, came back with, not suitable when the question was asked, is there more then 1 defendant.

[Savj]

Good evening,
I'm just in the process of writing out my POC. As I have three different parts to the claim. 1st Breach of contract, not being able to take vacant possession. 2nd items removed from property that was listed on fittings and contents form and 3rd failure to comply with agreement of make good electric gates before completion. ( We discovered after that repairs made had been made contrary to regulations and that safety sensors had been bypassed to get the gates to open and close).
Am I right in saying, that I deal with each part of the claim in separate paragraphs, as in, brief factual background, what the breach is, for the 1st , 2nd then third part and then put the losses all together.
As Rob has so kindly shown in his example. He has dealt with the beach of contract regarding vacant possession. Do I then do the same for the other two claims showings the background then the breach?
Rob also mentioned misrepresentation, at what point would I add this to the claim?
I am sorry for having to ask so many questions. I want to get it right. It's a case of horses for courses. I haven't and wouldn't claim to have a legal mind! Ask me how to make a pair of trousers or fit a kitchen and I'd be the person to ask but when it comes to legal issues. I'm trying my best.

[Amethyst]

It sounds like you are doing fine


I think something along these lines to get the bulk of it down on paper, then can be fine tuned after R0b's had a look in



(The Breach of Contract)
5. The Defendant breached the contract in that [he/she] did not sell the property with vacant possession and remove the contents prior to the Completion Date. The Claimant could not therefore assume and enjoy immediate and exclusive possession, occupation or control of the property. Accordingly, the Claimant has suffered the following losses:


5.1[List separately each loss suffered and the amount]

5.2[List separately each loss suffered and the amount]

5.3[List separately each loss suffered and the amount]



6. The Defendant further breached the contract in that [he/she] had removed fixtures and fittings from the property that were included in the Sale as detailed in the Sale Particulars ( or whatever they're called).
Accordingly, the Claimant has suffered the following losses:

6.1[List separately each loss suffered and the amount]

6.2[List separately each loss suffered and the amount]

6.3[List separately each loss suffered and the amount]



7. The Defendant further breached the contract in that [he/she] had failed, contrary to an agreement made (how contract was made) to make good electric gates before completion.
Accordingly, the Claimant has suffered the following losses:

7.1[List separately each loss suffered and the amount]

7.2[List separately each loss suffered and the amount]

7.3[List separately each loss suffered and the amount]

...................