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Help with defence please!

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  • Help with defence please!

    Anyone out there able to help with my ex's problem?

    She has drafted the below defence, but i don't know enough about this type of thing to help. This is what she has sent me.

    Hi ....

    Thanks for seeing what you can do to help. The solicitor is really busy and haven't got back to me to let me know whether or not they can help. It's nearly time for me to submit my defence, and im at a loss as dont want to be caught out with not having submitted a response in time.




    1. I, ............,the Defendant, is a leaseholder in a building containing .... flats ,at............ and which is now a Tripartite Lease.

    2. Save as specifically admitted in this defence, the defendant denies each and every allegation set out in this particular of claim.


    3. the defendant, received the claim form, Claim No: ................. from the.................... on ...........2019.


    4. the defendant denies that monies are owed to the Claimant as alleged in the Particulars of Claim


    5. The Claimant states in the Particulars of Claim that their claim is based upon the defendants failure to pay ground rent


    6. The defendant denies that they have breached the covenant referred to in paragraph (a) of the particulars of claim in that monies are owed in ground rent. On the .....19 an invoice was sent to the defendant by the claimant for ground rent/maintenance/insurance and misc etc. this document does not state that any ground rent are owed or in arrears.

    7. The defendant is unable to admit or deny the claim of breach the covenant referred to in paragraph (b) of the particulate of claim as The Claimant has failed to provide adequate information in response to the changes in the variation of the section 20 schedule of works.

    8. Under section 19(1)(a) and section 19 (1) (b)The Claimant has failed to provide details of how the service charge has been varied to enable me to properly assess my position with regards to the determination of the reasonableness of and liability of this claim.

    9. At the date of filing this Defence the Claimant has 'signed off 'on works never undertaken but specified as part of the section 20 schedule of works, and billed for.



    11. Further section 19 of the landlord and tenant act states that if a leaseholder can provide sufficient evidence to suggest that costs were not incurred, but formed part of a service charge demand, then the burden of proof lies with the claimant to provide evidence that these costs were actually incurred.



    13. On the ........2019, the defendant made the Claimant aware in writing and provided photographic evidence of poor workmanship/work not completed/damage to my sole demise area to date not all of my concerns and queries have been responded to

    14. From the 1st October 2014 all professional property managers are equired to join one of the three Government approved statuary Redress Schemes:

    despite repeated request the Claimant has failed to provide information on their complaints procedure and information on which redress scheme they have been obliged to register with.


    15. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed. further if a Lease allows for a type of cost to recharged, that does not automatically mean that the amount which is charged is reasonable.

    16. The defendant requests the court orders the Claimants to provide the necessary documentation/evidence in response to my original queries in order for me to fully plead my case else the Claim should stand struck out.


    I7. In the event that the relevant documents/evidence are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

    18. It is denied that the Claimant is entitled to the relief as claimed or at all.

    Statement of Truth

    I believe the facts stated in this defence are true.
    Tags: None

  • #2
    I have added in/amended the following.







    15. from June 2019, the Claimants has refused to accept further monies properly paid to the claimant via standing order since 2001 and covering service charge costs.

    Comments/pointers appreciated




    Comment


    • #3
      You'd need to post up to particulars of claim to know if the defence responds. She's defending a claim to pay ground rent and a share of cost of works ( which were undertaken but unsatisfactorily) ?

      ( your additions are more for a witness statement)


      We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

      Comment


      • #4
        Do you know the issue date of the claim? And did she acknowledge with intent to defend?
        We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

        Comment


        • #5

          Comment


          • #6
            Hi again

            Yes she stated on the return claim form that she intended to defend, hence the draft.

            I think she needs to counterclaim for the demise interference stuff that she has photograph evidence of (before/ during and after) if the judge will not refer to the FTT - but i don't know.

            The only bit of advice i have been able to give her so far is that i suggested that she gets a surveyor in of her own, and she has now arranged this.

            i will continue to copy/paste what she sends if that's OK?

            Comment


            • #7
              Hello

              This question is linked to another thread, but not sure if this should be merged or can stand alone for ease for others with the same type of query if this bit is separated out?

              If a claim has been received, but there are grounds to counterclaim

              can you include your counterclaim arguments without making a formal counterclaim (which incurs a fee) as part of the defence?
              or must a separate counterclaim always be made and fee paid?

              when is the latest time that you can state a counterclaim case. i.e if there are grounds for a counterclaim must this be done by the/or at least at the same date that the defence must be returned to the courts?

              my apologies if this is not entirely clear - its been a long night for me providing support.

              It is not my intention to cause unnecessary work for the administrators of this site, as i wholehearted appreciate and value all their hard work and input. i apologise now and accept any reprimand if i have acted inappropriately by asking this question as part of this thread and also separately.

              Comment


              • #8
                OK update and sharing of information

                For those who may find themselves in a similar situation note the following

                LEASE have a template later on their website which should be sent to the court and/ or attached to the defence. Their template is not instead of a defence as a defence must still be submitted alongside.

                Is Amethyst or another Mod about to help guide drafting/amending the above defence?

                Comment


                • #9
                  Hi

                  Anyone about at the moment to help with this Please?

                  Comment

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