Set aside app / Landlord/Tenant claim

**Amethyst** · 18th April 2015, 12:40:PM

Re: Court office didn't send appropriate forms and I missed my deadline!!!! HELP

Originally posted by StaceyA View Post

Basically long story short! My ex landlady is taking me to court for 'damages' this includes her having to pay out for carpet cleaning, new carpets (as they didn't clean, paint to redecorate, a new window (because the lock was broken), cleaning supplies and lightbulbs...

We recieved all her court papers in March. We rang the court office straight away because we had no idea how to respond to the form. They said we should receive forms soon.

A week went by I rang them and they said they will send another form out. Another week went by and still nothing so I rang again and they sent another one!!
I finally received that and filled everything out and sent that off within a week. A week later I recieved a letter from the judge demanding me to pay the landlady because I hadn't responded in time!! They also never told me I could get the form online!

I rang the court office again and explained what I'd recieved they acknowledged I'd rang them multiple times and would speak to the judge.
I recieved a letter from judge today stating he'd already made a decision and if I wanted him to reconsider I'd have to pay £150 to set the application aside!!

All of this has caused me so much stress I've felt so physically ill and my doctors now put me on anti depressants and counselling (I have other things going on too but this is just icing on the cake!!)

I don't know what to do. If I pay the £150 do I get that back if I win the case? Or am I £150 down due to their mistakes? I can't afford to just throw that kind of money around I have 2 kids to think of!

I've also read that even if i do pay the £150 that still doesnt mean the judge will consider my response! Also my landlady never put the £450 in a deposit scheme , even though ive got the money back can i claim for her not putting the money in there? & Who would pay the 150? Would i have to claim that from the landlady or would that be another case!?

TIA

The cost to set aside the court judgment is £155, you may be eligible for fee remission if you are on a low income - this is the form EX160 - details here http://www.legalbeagles.info/forums/...sion-Exemption

If you weren't eligible for fee remission and you won your case you would, in most cases, be able to claim that £155 back from the claimant.

Not sure what forms you didn't receive, the court claims usually come with a response pack.

Regarding the deposit - are you saying that although she didn't put the money in a deposit scheme, she gave you the deposit back, and then sued you for cleaning and maintenance ? Pretty sure that's meant to come out of the deposit money once agreed between you.

**StaceyA** · 18th April 2015, 13:01:PM

Re: Court office didn't send appropriate forms and I missed my deadline!!!! HELP

I didnt recieve the response pack with the court claims, we rang the court as soon as we'd read through the papers.
She didnt class it as a deposit, she used it as one months rent in advance so we'd get last month free but we'd literally just paid that months rent as we gave our one months notice. She tried withholding the money to use to cover damage costs but when i pointed out all evidence that she cannot do that she reluctantly sent a cheque around 7 weeks after i moved out.
She then started a small money claims to claim back all money shes had to spend on decorating etc. Nothing was damaged its mainly the carpets shes focused on (very light cream in a living room where the front door leads straight into it) I'd lived there for over 4 years plus it was there for few years before i moved in. (aunt WAS good friends with her)

Also i've looked at the fee remission and we should be eligible for a partial remission

**Amethyst** · 18th April 2015, 13:22:PM

Re: Court office didn't send appropriate forms and I missed my deadline!!!! HELP

Ahh okay, if the cleaning and damages wasn't agreed between you then it is right she sent you the deposit(well excess rent money) back, but she can't then unilaterally decide to take you to court for other things. Was there any discussion between you about the carpets, window etc before you received the court claim?

For future ref all the forms for court are available on the HMCS website so don't hang about waiting for the court to send you the N244 .

Is the letter you received from the court headed Judgment for Claimant (in default) ?

**StaceyA** · 18th April 2015, 13:29:PM

Re: Court office didn't send appropriate forms and I missed my deadline!!!! HELP

Windows were not discussed, neither was paint etc. She mentioned the carpets would need cleaning. She did an inventory when i moved in and when i moved out. I have the one from when we moved in but she didnt give me a copy of the inventory when moving out nor asked me to sign anything.

She did say in her letter when sending the cheque back she'd claim it back through the courts, it was march when we got the papers through though.

Yes it is but thats to pay the claimant £982

**Amethyst** · 18th April 2015, 13:49:PM

Re: Court office didn't send appropriate forms and I missed my deadline!!!! HELP

Okay - you'll need to complete the N244 http://www.legalbeagles.info/forums/...end-strike-out and attach to it a copy of your draft defence and a witness statement explaining why you are asking for a set aside ( lack of court forms) - http://www.legalbeagles.info/forums/...lication-notes - it will likely result in a hearing for the set aside application. Sometimes they will hear the claim at the same time but mostly it's a quick hearing to see if you have a reasonable prospect of success with your defence and whether to cancel the CCJ and allow you to defend, then the main hearing comes later after you've exchanged witness statements.

And of course complete and send with it the fee remission forms and evidences.

If she made the claim through, and the judgment by default came from Northampton then the forms should go there, and the case will be allocated to your local court later on ...... if they came from your local court originally then they should go there.

Do you want to post up the defence you've entered (but had rejected as it was late) see if it can be strengthened at all... also a copy of the landlady's particulars of claim would be of assistance.

**StaceyA** · 18th April 2015, 13:55:PM

Re: Court office didn't send appropriate forms and I missed my deadline!!!! HELP

Would i Have to fill in any other forms to claim any money back from the claimant or if i won and couldnt get full fee remission would the judge order the claimant to pay the remainder of the fee?
Also do I send the fee with the forms & remission application or do they process them and then tell me how much needs to be paid?

Theres a lot! i can try and post the main parts leaving out reciepts and most pictures?

**StaceyA** · 18th April 2015, 14:18:PM

Re: Court office didn't send appropriate forms and I missed my deadline!!!! HELP

Particulars of claim : Replacement of carpet to lounge and dining room
Replacement of lino to bathroom and utility
Cleaned remaining carpets
Redecorated - painted
Replacement - window - damage
Replacement - window handle
General cleaning products
Replacement handles to outside gate that were missing

Costs - Carpets 335.00
carpets 32.00
17.00 tools
21.67 wilkinsons decorate
16.38 Photos
9.44 Cleaning products
12.59 Wilkinsons
285.00 Replace window and handles
16.79 dulux paint
130.00 Clean upstairs carpets
10.20 Gate handles

Attached Files

court response - Copy names remved.rtf (8.4 KB, 1 view)

**StaceyA** · 18th April 2015, 14:25:PM

Re: Court office didn't send appropriate forms and I missed my deadline!!!! HELP

Photos, bottom claimant photo is of the underlay these are only from one room, my photos are from the same room. Original and next with settings changed

Attached Files

**StaceyA** · 18th April 2015, 14:43:PM

Re: Court office didn't send appropriate forms and I missed my deadline!!!! HELP

Do i HAVE to ask the claimant to consent to set aside judgement? I've a feeling she'll say no anyway so that would be a waste of time! But what happens if she says yes? What happens then?

**Amethyst** · 18th April 2015, 15:14:PM

Re: Court office didn't send appropriate forms and I missed my deadline!!!! HELP

You don't have to but it helps in that you could then apply for set aside by consent (which doesn't need a hearing and is only £50)

Your carpets look exactly like mine did when I lived in a terrace with the front door opening into the lounge (if fact they could be the same carpet lol) .... yes the carpets probably did need replacing after 4 years but how much of that is normal wear and tear and how much should be attributable to you is arguable I think.

Just having a read through your defence

xx

**Amethyst** · 18th April 2015, 15:54:PM

Re: Court office didn't send appropriate forms and I missed my deadline!!!! HELP

Okay might need some rewording to bring it up to scratch for a defence, I'm not an expert (obviously) on tenant/landlord stuff, you might be best asking the guys over on landlordzone what is legitimately claimable by the landlady.

Things like Carpets have life expectancy of say 10 yrs, she had it for 2 years, you had it for 4 years, so really she could only claim 4 years worth ( 40% cost of replacement) from you otherwise. Thats the biggest cost item on there so worth checking that out a bit more as you might want to do a partial admission / defence with that in mind.

So your defence we'll work through but as a general idea, it needs a bit more structure. You won't be able to put it in till Monday, and hopefully a couple of peeps that are much more up on tenant/landlord issues will be about before then, but just by way of guidance...

In the xxxxxxxxxx Court

Claim xxxxxxxxxxx

Landlady

v

Me

WITNESS STATEMENT

1: I, xxxxxxxxxxxxxxx, of xxxxxxaddressxxxxxxxxxxxxx make this Witness Statement in support of my application to set aside the judgment in default ordered by DJ XXXX on XXX 2015.

2: I received the claim in this case on xxxxxxxxxxxx 2015.

3: The claim arrived without a response pack or any information on how to respond, therefore on xxxxxxxx 2015 I telephoned Northampton County Court Business Centre and asked what I should to to respond to the claim.

4: I was advised that they would send out the relevant forms to me

5: On xxxxxxxxxxxxx the forms hadn't arrived so I telephoned NCCBC again and was again informed the forms would be sent to me.

6: The forms arrived on xxxxxxxxxxxxxxxxxxxxx

7: I completed the forms and returned them to the court on xxxxxxxxxxxxxxx, however on xxxxxxxxxxxxxx I received a Judgment for Claimant (by default) because I had not responded to the claim.

8: I believe I have a reasonable chance of succeeding with my defence and deny any liability for the amounts claimed. I kept the court informed from the date I recieved the claim form and do not feel it is just that I received a Default Judgment against me.

9: At no point was I informed that I could have obtained the forms online. I only discovered this when speaking to the Court to obtain the relevant forms to make this application.

10: Therefore I respectfully request the Court allow the Judgment to be set-aside and allow me to submit my defence.

STATEMENT OF TRUTH
I believe the facts statements in this Witness Statement are true

Signed

Dated

--------------------------------------------------------

DRAFT DEFENCE

1: I was a tenant at xxxx address xxxx from December 2010 until xxxxxxx 2015.

2. I lived at the property with my two children, aged x and x. I did not keep any pets.

3: The Claimant requested a months additional rent in advance..... rules about deposit etc

4: On agreeing the tenancy with the Claimant an inventory was taken (Exhibit A) which stated ........................ (about carpets - other bits mentioned)

5: During my tenancy there were a number of issues at the property.
a) Fence
b) Windows
c) Break-In (Crime Reference Number xxxxxxxxxxxxxx )
d) Baywindow Roof

6: I gave one months notice and left the property on xxxxxxxxxxxxxx.

7: I cleaned the property on leaving ......

8: about getting the 'deposit back'

9. The Claimant's claim contains a number of items which I dispute any liability for;

a) list each item - and underneath your reasons for disputing it
b)
c)
d)
....

10: The Claimant did not attempt to discuss any issues with me prior to issuing the county court claim in this case.

11: I have found the Claimants behaviour since leaving the property extremely distressing. I have visited my GP ..............

12: It is denied the Claimant is entitled to the sums as claimed, or at all.

STATEMENT OF TRUTH
I believe the facts stated in this Defence are true.

Signed

Dated

**StaceyA** · 18th April 2015, 16:13:PM

Re: Set aside app / Landlord/Tenant claim

Thank you so much!! This is a huge help I will get all this done tomorrow and will post the amended one if thats ok x

**Crazy council** · 18th April 2015, 16:38:PM

Re: Set aside app / Landlord/Tenant claim

Hi

can i jump in here. There is something called general wear and tear involved. Usually, in a tenancy, 2 years minimum you would expect a carpet to last, general were and tear includes extra damage to throughways ( walkways from one room to another ). As a landlord, specific damage to a carpet or wall is easy to claim ( like paint stains ), but general were and tear is harder, especially if the house is rented to a family with children.

Secondly, on the initial inventory that they did you, was ait a photo or description

Finally, how did you had the property back over, and was the deposit in a tenancy protection scheme

**StaceyA** · 18th April 2015, 16:43:PM

Re: Set aside app / Landlord/Tenant claim

One quick question though - asking application to be set aside with consent. How do I go about it? Do I Contact the claimant ask her to sign something or does she get a copy of the form I need to send off and it's there that she consents or not? If that's the case should I send her a letter explaining the benefits of consenting? X

Set aside app / Landlord/Tenant claim