Hi
I am going to part defend this recent case against me. Any help with submitting my defence would be really useful.
Originally Posted by Gandiman
The claimant is the landlord of the leasehold property known as(and any car park space) The Defendant is the tenant.
In default of the lease terms and despite demands for payment the Defendant has failed to pay the ground rent, insurance, administration charges, interest fees and legal costs due under the lease currently £1, 682.29. The claimant claims this sum from the Defendant.
The claimant also claims interest at the rate of 8% p.a pursuant to section 69 of the County Courts Act 1984 on the above sum being £32.55 to date and thereafter interest at £0.21 per day until judgment or sooner payment. Alternatively contractual interest or any interest at such rate as the court deems fit. The claimant will also claim further legal costs incurred until payment in full.
Amount claimed £1714.84
Court fee £105.00
Legal representatives cost £80.00
Total amount £1899.84
Ground rent=£250 for which i have had no reminder
Insurance = £531.30 and we pay a year in advance!
Admin fees = £264.99
Legal costs=£456
I am admitting that i owe the ground rent and insurance but defending all the additional costs. I have a trail of emails regarding issues with the company and that i would be paying the amount owed and wanted some information from them before i paid! It was never forthcoming and i have been waiting for that response before i paid up.
They have replied to my Request for documents mentioned in a statement of case under CPR 31.14
and responded saying that while you assert that CPR27(2) is not effective as the claim has not yet been allocated, in light of the complexity of the case and the amount in question it is highly likely that this matter will be allocated to the small claims track.
In any event your request has been complied with and we look forward to receiving a copy of your defence in due course.
Thanks
Martin
I am going to part defend this recent case against me. Any help with submitting my defence would be really useful.
Originally Posted by Gandiman
The claimant is the landlord of the leasehold property known as(and any car park space) The Defendant is the tenant.
In default of the lease terms and despite demands for payment the Defendant has failed to pay the ground rent, insurance, administration charges, interest fees and legal costs due under the lease currently £1, 682.29. The claimant claims this sum from the Defendant.
The claimant also claims interest at the rate of 8% p.a pursuant to section 69 of the County Courts Act 1984 on the above sum being £32.55 to date and thereafter interest at £0.21 per day until judgment or sooner payment. Alternatively contractual interest or any interest at such rate as the court deems fit. The claimant will also claim further legal costs incurred until payment in full.
Amount claimed £1714.84
Court fee £105.00
Legal representatives cost £80.00
Total amount £1899.84
Ground rent=£250 for which i have had no reminder
Insurance = £531.30 and we pay a year in advance!
Admin fees = £264.99
Legal costs=£456
I am admitting that i owe the ground rent and insurance but defending all the additional costs. I have a trail of emails regarding issues with the company and that i would be paying the amount owed and wanted some information from them before i paid! It was never forthcoming and i have been waiting for that response before i paid up.
They have replied to my Request for documents mentioned in a statement of case under CPR 31.14
and responded saying that while you assert that CPR27(2) is not effective as the claim has not yet been allocated, in light of the complexity of the case and the amount in question it is highly likely that this matter will be allocated to the small claims track.
In any event your request has been complied with and we look forward to receiving a copy of your defence in due course.
Thanks
Martin
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