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How to submit an application to strike-out a money claim

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  • How to submit an application to strike-out a money claim

    Hello,

    Thanks for running this helpful forum where I found lots of useful information.

    I have the following question: can I submit an application to strike-out a money claim in the following case?

    Brief description of the claim:

    Amount: 4,000£

    Claim particulars:
    By an Assured Shorthold Tenancy dated XXX, the Defendant rented the property XXX from the Plaintiff from XXX. The rental term was initially for XXX years at a monthly rent of £XXX, but was renewed as a statutory periodic tenancy, with the rent rising to £XXX by year XXX.

    The plaintiff gave the defendants Notice to Quit on XXX and the defendant XXX confirmed that the defendants had left the property on XXX, by an email dated XXX to one of the Plaintiff. The defendants have been sent a Rental Statement prepared by the Plaintiff's accountants, showing the defendants are in rent arrears in the total sum of £XXX, but despite repeated requests, have refused to pay.
    The plaintiff also claims legal costs to be assessed.
    No pre-action letter was sent to me. However we did exchange emails with the claimant before they issued the claim. In their emails they expressed their opinion that I owe them some unpaid rent, however I refuted the fact. No formal pre-action letter was sent to my by post or email.

    I am submitting my defence this weekend as the 28 day deadline is on Monday.

    Can I submit submit an application to strike-out this claim on the basis that the claimant did not sent a pre-action letter before issuing the claim?

    Thank you for any advice.

    Best regards
    Tags: None

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