Set aside app / Landlord/Tenant claim

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

But again though, sending her the letter and delaying the N244 form, is this really a good choice? Could i not send her letter today then go post my N244 etc tomorrow and hope that whilst they are processing my fee remission forms she will get back in touch? Does she receive a form from the court saying im applying for judgement to be set aside and ask her if she agrees or not?

- - - Updated - - -

Dan - Answered just before my reply haha yes that answers my question then. I could still send this letter to her and still put forms through so shes aware of whats happening etc

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

Letter to claimant:
I am writing to you in regards of the Court Claim & Judgement For Claimant.


I apologise for the delay in my response forms, I've had problems receiving the response pack. I did call the court office numerous times, to which they acknowledge, and sent my response 8 days after receiving the response forms.
Unfortunately this was past the deadline date - again which I wasn't aware of.


I would like to inform you that I intend to apply for the Judgement to be set aside.
My reasons for this are as follows:


a) I believe you have over claimed - I don't feel it is right for me to pay the full costs.
I would be willing to come to an agreement which includes reduction of costs.
This would be done by working out original cost of old carpet, age of the carpet and life expectancy of the carpet.


b) I feel you have tried to confuse the situation by not supplying enough evidence such as photos of redecoration, photos or upstairs carpets and photos of the downstairs carpets after they had been cleaned.
I think the picture of the underlay was not relevant and also feel your pictures needed to be clearer as to what they were showing without changing settings.


I do not feel you took the correct approach to the situation. I did ask for a breakdown of all costs and receipts and could have come to an agreement but you failed to respond to my letters.

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

I have mentioned in my defence I would be willing to co-operate in costs to carpet etc as the Judge sees fit.


All I am asking is for this case to be as fair as reasonable,

- plus this at the end. Does this sound reasonable? Im not forcing her to co-operate in setting it aside ive just put my point across

[Crazy council]

Re: Set aside app / Landlord/Tenant claim

Tell the LL, in the communication with them, that your willing to negotiate prior court, but let the judge decide if your liable or not.

See were and tear to carpets, after the property has been rented to a tenant for 4 years, very very hard to argue, especially literally travel marks ( not specific damage ),
I wander what made her think she could not keep the advance rent to cover any repairs. i know there is a technical hurdle to achieve but didn't think it was illegal after the end of the tenancy.

Now consider this from the LL current position

They have a large CCJ against you, and there is nopt much reason for them to assist you .

But, they probebly dont want the hassle of court, ( or perhaps you could imply this ).

So, i would, both put in the app and the letter to landlord. Tell the LL that you will try sort this out in the next 2 weeks whilst your application is sorted out, and that if they agree the set, aside, you will ay them £ **** just to end the matter ( without accepting any liability ) .

Tell them that if they dont respond, like when you tried to sort it out prior to the court, that there refusal to respond backs up your claim of them over egging the claim and you would ask the court to look at this ( you cant really, but your LL probably wont know that )

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

I honestly wouldnt know where to start in knowing what i should pay back!

[Crazy council]

Re: Set aside app / Landlord/Tenant claim

probebly not a lot to be honest, at this stage, maybe its not about what you owe, but what your LL will back down before court for.

if it was the original app, i would not offer anything, but, as i said, your LLs position is they already have the CCJ, so they will need to be tempted to assist you to change that, or fight you.

I would offer them £ 200, marked without prejudice, because if you put aside all the right and wrongs, you dont want a CCJ if possible, and your LL probebly doesnt want court...

But, dont expect your LL to acsept it, but they may consider it more if you get the set asside. If they dont agree the set aside and you get it, reduce your offer to £ 100

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

Id rather not offer her money as well lol id rather all that part be decided. I've stated i will co-operate and im willling to negotiate with her, hold on ill paste

- - - Updated - - -

I do not feel you took the correct approach to the situation. I did ask for a breakdown of all costs and receipts and could have come to an agreement but you failed to respond to my letters.


I have mentioned in my defence I would be willing to co-operate in costs to carpet etc as the Judge sees fit but do not agree to pay for the cost of new carpet.


I will be willing to negotiate prior to court but will let the Judge decide if I am liable or not.




All I am asking is for this case to be as fair as reasonable,

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

Plus i dont even have 200 to give her!

[Crazy council]

Re: Set aside app / Landlord/Tenant claim

Id rather not offer her money as well lol id rather all that part be decided. I've stated i will co-operate and im willing to negotiate with her, hold on ill paste

and they will probably come back and say why did you not deal with this the first time, prior the judgment.

You should not ignore the fact that they already have the judgement.

Honestly, my advise is try sort with negotiation whislt you application is being processed, it probably would not have cost you anything if you would have answered the first court, and the the LL knows what they are doing, they could make it hard for you to set aside.

Why do i sugest at least £ 200,

1. it will cover here costs for the original application against you
2. To back down , they are going to have to feel like they winning, not you,
3. The ll could make things quite a bit harder for you if they start persuing the debt

Plus i dont even have 200 to give her!

Tell her that, and make a weekly offer to her. without offering her nothin, they already have the CCJ, there is no reason to back down

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

Im not ignoring it im sending all the documents in tomorrow its all done and ready now just fee remission to sort out and N244 form to fill in when its printed.
im just trying to sort this letter to l/l now
Honestly like i said before i chased it up, i had no idea where to send anything, i had everything ready to send and had already been sent on the 7th april (ive just amended it all laid it out clearer) and they hadnt sent the response form before the time limit (which again i was unaware of) even rang them the same day as we got the court claim asking how we respond etc and they didnt even mention it then!

All that is sorted now its just a case of getting the judgement amended so i can have a fair trial. & What happens if she accepts the 200? We go to court still or she demands we pay back at once in full? or she claims this money and still goes to court?! im just trying to understand it

Sorry just saw the weekly payments part

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

Right i need all this doing now, SO i'm going to write in the letter at the end that i will be willing to bargain a price of 200 for her to accept the set aside in weekly installments and drop the case....but wait that isnt for her to drop the case? is it? Dont wanna seem like im paying her off to get my way doesnt seem right

[stevemLS]

Re: Set aside app / Landlord/Tenant claim

Stacey's primary reason for applying to set aside the default judgment is that she was ill advised by court start, she received no response pack with the claim form and then the court staff didn't follow through when she rang to make enquiries, twice, with their promises to send a response pack out.

The remainder is to satisfy the other limb of CPR13 and demonstrating that she has a good prospect of, at least partially, defending the claim.

[Crazy council]

Re: Set aside app / Landlord/Tenant claim

Hi

Sorry if i cam across a bit sharp, i ment dont ignore the ccj wehn considering if she will agree. what you said above is what i would do.

Dont wanna seem like im paying her off to get my way doesnt seem right

Agreed, asnd if it was the first time it was heard, you probebly would be charged anything, but, the current positions a bit different so you have to tempt them down a bit, they probably dont want the hassle of court, BUT, this does not meen they wont go that way.

Think of the £ 200, less about what you owe, more about it being the least costly and workload way out of this, agreed that you did not get a fair chance with the court paperwork, but you still have to prove that, and the LL can object,

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

& what if she accept 200, the judgement gets set aside...then what? If she wins i pay 200 on top of 980 or if i win i still have to pay her 200? I think i will just leave money out of it for now it just confuses matters further and my head is about to explode from all the confusion lol
I will still send a letter to her just leave the money out of it :
I am writing to you in regards of the Court Claim & Judgement For Claimant.


I apologise for the delay in my response forms, I've had problems receiving the response pack. I did call the court office numerous times, to which they acknowledge, and sent my response 8 days after receiving the response forms.
Unfortunately this was past the deadline date - again which I wasn't aware of.


I would like to inform you that I intend to apply for the Judgement to be set aside.
My reasons for this are as follows:


a) I believe you have over claimed - I don't feel it is right for me to pay the full costs.
I would be willing to come to an agreement which includes reduction of costs.
This would be done by working out original cost of old carpet, age of the carpet and life expectancy of the carpet.


b) I feel you have tried to confuse the situation by not supplying enough evidence such as photos of redecoration, photos or upstairs carpets and photos of the downstairs carpets after they had been cleaned.
I think the picture of the underlay was not relevant and also feel your pictures needed to be clearer as to what they were showing without changing settings.


I do not feel you took the correct approach to the situation. I did ask for a breakdown of all costs and receipts and could have come to an agreement but you failed to respond to my letters.


I have mentioned in my defence I would be willing to co-operate in costs to carpet etc as the Judge sees fit but do not agree to pay for the cost of NEW carpet but the reduction of costs for the old carpet.


I will be willing to negotiate prior to court but will let the Judge decide if I am liable or not.


All I am asking is for this case to be as fair as reasonable,


There i am explaining the situation, im asking her nicely to co-operate and make it fair, etc etc and just bloody fingers crossed because ive had enough of it

[Crazy council]

Re: Set aside app / Landlord/Tenant claim

Stacey's primary reason for applying to set aside the default judgment is that she was ill advised by court start, she received no response pack with the claim form and then the court staff didn't follow through when she rang to make enquiries, twice, with their promises to send a response pack out.

The remainder is to satisfy the other limb of CPR13 and demonstrating that she has a good prospect of, at least partially, defending the claim.

Understood fully, my advise was more about dealing with the Landlord in relation to what the LL thinks they are owed and how they have acted. If the set aside is granted, there would still be the original dispute to sort out, although from my experience, its nearly all in the tenants favour.

But, the LL has the CCJ, the OPs defence is the the court staff miss advised or didnt send the paperwork out, ... i definitely would try sort this with negotiation...