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Draft Defence assistance - neighbour claiming money for repairs

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  • Draft Defence assistance - neighbour claiming money for repairs

    The downstairs neighbour of a flat I own has taken me to small claims court for the cost of repairs to their kitchen ceiling which they claim were needed due to a leak from my property. There was no evidence of a leak that my contractor found in my property although we did get the bath resealed as a precaution, and this neighbour had previously mentioned that there were issues with the kitchen ceiling due to a previous leak from my property prior to me owning it.

    I said as a gesture of good will that I would contribute towards the excess of their insurance claim to get the work done, however, the neighbour said they wouldn't go through insurance as they'd lose their no claims bonus. I told them I would not pay towards the cost of them getting their kitchen ceiling re-plastered in this case (all documented in letter form). They have previously demanded I pay for 'repairs' for other issues in their property (i.e. cracks in their ceilings which I would say are due to age and nothing to do with me or anything my tenants have done).

    I'm not really sure what to put in my draft defence as I never received the court paperwork to begin with and only found out when I found a default CCJ on my credit file. The example in the Leagle Beagles guide starts with an admittance that there was a contract, but I never agreed to pay for anything. I've received particulars from the court but they literally just say the claimant is saying I owe an amount of money (which matches what they demanded to have the kitchen ceiling re-plastered). I have already sent a consent to set aside to the neighbour as they sent the paperwork to the property which they know I don't live at, but I don't expect them to grant it. Any assistance would be much appreciated.

    Thanks
    Tags: None

  • #2
    Bump - can anyone please advise? I've spoken to a friend who has suggested rather than seeking a set aside and defence that I ask the court to strike the judgement from the record as the papers were never served to me (and were served to an address the claimant knew was incorrect) so I can dispute the court's jurisdiction (as per CPR 11). At a bit of a loss what to do.

    Thanks.

    Comment

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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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