Claim against landlord/me for unpaid tenant bills by DCA of Insolvent Orbit Energy

[masterchij]

That's fine, don't forget to check point 58.

Thanks for reminding me.

How does this sound

58. I am of the view that the Claimant was aware that I am not liable for these debts and assumed I would be an easy target for scaremongering into paying monies. I am also of the view that all such monies are not due to them in the first place, or were indeed incurred by them as costs.

[echat11]

Thanks for reminding me.

How does this sound

58. I am of the view that the Claimant was aware that I am not liable for these debts and assumed I would be an easy target for scaremongering into paying monies. I am also of the view that all such monies are not due to them in the first place, or were indeed incurred by them as costs.

Replace 'scaremongering' to 'scaring', I believe that's what you mean.

'Scaremongering' has a different meaning.

[masterchij]

Replace 'scaremongering' to 'scaring', I believe that's what you mean.

'Scaremongering' has a different meaning.

Done

Thanks, again.

[masterchij]

I would make the following 'minor' changes -

a) particulars of claim should read Particulars of Claim.

b) Point 40, is a bit 'muddled', doesn't read well, needs clearing up 'grammar'.

c) Point 55, it should read 'the Protection from Harassment Act 1997

d) claimants should read Claimants.

e) Point 58, is a bit 'muddled', doesn't read well, needs clearing up 'grammar'.

Good job. Have you numbered the pages in the 'evidence bundle'?

Just noticed your last sentence.

The exhibits are contained in the same file as the witness statement and the page numbering continues into the exhibits after the 8 pages of the witness statement. The total number of pages are 50, which is apparently the max you are allowed to send to the courts.

I had to be creative with the exhibits and just post the most relevant pages of each evidence.

My plant is to take hard copies of the full exhibits to the hearing

[echat11]

Just noticed your last sentence.

The exhibits are contained in the same file as the witness statement and the page numbering continues into the exhibits after the 8 pages of the witness statement. The total number of pages are 50, which is apparently the max you are allowed to send to the courts.

I had to be creative with the exhibits and just post the most relevant pages of each evidence.

My plant is to take hard copies of the full exhibits to the hearing

The following is fine 'page numbering continues into the exhibits after the 8 pages of the witness statement'

Take 3 copies, Judge, Creditors solicitor and one for you (you are obviously emailing them tonight as well).

As soon as you arrive at Court, hand one to Usher for the Judge and a copy to the Creditors solicitor.

[masterchij]

Hi Experts,

I am attaching a redacted version of my witness statement to this post. I am looking to submit it later tonight as it will be 7 days from the hearing from tomorrow.

Any advise I can get would me much appreciated.

Hi Experts,

I have been informed by Huxie that there is an issue with the attached redacted document, so I have reattached this and deleted the old one.

Thanks for bringing this to my attention Huxie

[masterchij]

The following is fine 'page numbering continues into the exhibits after the 8 pages of the witness statement'

Take 3 copies, Judge, Creditors solicitor and one for you (you are obviously emailing them tonight as well).

As soon as you arrive at Court, hand one to Usher for the Judge and a copy to the Creditors solicitor.

Will do.

Thanks again

[PallasAthena]

Thanks for this input, does this potentially mean TM Legal has a case even though I did not agree to any Tarriffs which include standing charges?

Yes, they might have ( not definitely have) for that part of your defence. If they can show that their power to charge you came from statute law not a contractual agreement. But
you have other defences.

[masterchij]

Hi Experts

There has been a new development.

I received the below from the claimant's solicitor today following submission of my witness statement last week.

"Please note that sufficient evidence has not been provided to demonstrate you are not liable for any of the period Claimed. As previously stated, there are periods of time where the property was vacant and due to the supply continuing. Having calculated the amount of days that the property was vacated and only Standard Charges should have been applied, we do believe that you, as the Landlord, are liable for the Standard Charges equating to £126.70.

Despite this, our client has instructed to not contest your application for the Judgment to be set aside. We wish to agree a Consent Order with you which outlines that the Judgment should be set aside, and no further action shall be taken.

Please find enclosed a copy of the draft Consent Order. Please take your time to read this order and determine that you are happy to be bound by the terms therein.

Once you have signed and returned this to us, we will file the Consent Order at Court to be sealed at the hearing on 15 January 2025.

Please ensure that you only sign above your name on the bottom right-hand side of the first page and return both pages of the Order to us. Please note that you can electronically sign the document by simply typing your name. Please do not date the Order, the Order will be dated once this office has signed it, and it is filed at Court.

Given that there is a hearing scheduled to take place on 15 January 2025, we ask that the Consent Order is returned no later than 3pm on 14 January 2025.

We look forward to hearing from you no later than 3pm on 14 January 2025"

So I have a couple queries.

1. As I initially informed them that I had made a set aside judgement application, and that they should not pursue any enforcement, and requested that they consent to the set aside, does it mean I have the obligation to sign unto this consent order?

2. If we both consent for the judgement to be set aside, do I get the set aside court fee reimbursed by the court, or part of it?

3. Despite their first paragraph, it seems they don't believe they have a strong claim against me. Is their any merit in seeing the court hearing to a full conclusion, especially if 2. above does not apply.

I await your thoughts.

[echat11]

Ultimately, it has to be a decision you make.

It is going to sound 'ridiculous' to the Judge how this has 'unfolded', they made a claim for £XXXX.XX, pursuing you for money you don't owe.

1. As I initially informed them that I had made a set aside judgement application, and that they should not pursue any enforcement, and requested that they consent to the set aside, does it mean I have the obligation to sign unto this consent order?

But they refused to give 'consent'. You've paid the full fee without 'consent'.
They are now giving you 'consent', writing off the amount they say you owe £126.70, I assume Court Costs to. They clearly are 'back tracking'.

You are not 'obligated' to sign it, you've gone past the point where you sought consent.

'Despite this, our client has instructed to not contest your application for the Judgment to be set aside. We wish to agree a Consent Order with you which outlines that the Judgment should be set aside, and no further action shall be taken.'

2. If we both consent for the judgement to be set aside, do I get the set aside court fee reimbursed by the court, or part of it?

You'd have to apply to have your fee reimbursed.

What you could do is ask them to amend the Consent Order, so that includes the 'reimbursement' of your set aside fee by the Claimant', then you will agree to sign the Consent Order.

3. Despite their first paragraph, it seems they don't believe they have a strong claim against me. Is their any merit in seeing the court hearing to a full conclusion, especially if 2. above does not apply.

Judges / Courts are 'fickle', but you've done 'amazing' so far.
They clearly don't want to go to the Hearing.

[Pezza54]

With the hearing taking place tomorrow, I'm quite sure the court won't refund OP the £303 court fee.
I agree with Echat, see post 30
However in post 32 OP stated "only £303" and was more concerned about the CCJ being set aside.

I suspect a solicitor faced with the stress and hassle OP has had to put up with over the last few years, would be seriously contemplating a claim against the claimant. In the claimants solicitor's latest email they are more or less admitting the claim should not have been made

[masterchij]

Ultimately, it has to be a decision you make.

It is going to sound 'ridiculous' to the Judge how this has 'unfolded', they made a claim for £XXXX.XX, pursuing you for money you don't owe.

1. As I initially informed them that I had made a set aside judgement application, and that they should not pursue any enforcement, and requested that they consent to the set aside, does it mean I have the obligation to sign unto this consent order?

But they refused to give 'consent'. You've paid the full fee without 'consent'.
They are now giving you 'consent', writing off the amount they say you owe £126.70, I assume Court Costs to. They clearly are 'back tracking'.

You are not 'obligated' to sign it, you've gone past the point where you sought consent.

'Despite this, our client has instructed to not contest your application for the Judgment to be set aside. We wish to agree a Consent Order with you which outlines that the Judgment should be set aside, and no further action shall be taken.'

2. If we both consent for the judgement to be set aside, do I get the set aside court fee reimbursed by the court, or part of it?

You'd have to apply to have your fee reimbursed.

What you could do is ask them to amend the Consent Order, so that includes the 'reimbursement' of your set aside fee by the Claimant', then you will agree to sign the Consent Order.

3. Despite their first paragraph, it seems they don't believe they have a strong claim against me. Is their any merit in seeing the court hearing to a full conclusion, especially if 2. above does not apply.

Judges / Courts are 'fickle', but you've done 'amazing' so far.
They clearly don't want to go to the Hearing.

Thanks for your response.

I had to go check the dictionary meaning of fickle for a moment there.

Below is the actual wording in the set aside order

"(1) The Judgment entered against the Defendant on 25 October 2024 shall be set aside, given
there is good reason pursuant to CPR 13.3(1)(b)(i), in that the Defendant having provided
evidence following Judgment being granted, to show that he not liable for the entire account
subject to a Judgment.
(2) All further proceedings in this action be stayed.
(3) There be no Order as to costs."

Does this wording seems okay? What would be you suggestion for amendments, including any reimbursement request?

[masterchij]

With the hearing taking place tomorrow, I'm quite sure the court won't refund OP the £303 court fee.
I agree with Echat, see post 30
However in post 32 OP stated "only £303" and was more concerned about the CCJ being set aside.

I suspect a solicitor faced with the stress and hassle OP has had to put up with over the last few years, would be seriously contemplating a claim against the claimant. In the claimants solicitor's latest email they are more or less admitting the claim should not have been made

Thanks for your reply.

Indeed they are admitting this in a roundabout way. On one hand they are wanting to withdraw, on the other they are making it look like its charitable work as they still have some claim above me.

The issue I am having now is there is no guarantee that the judge will approve the request for a reimbursement, so am just thinking whether to curt my loses.

What are your thoughts on the working of the consent order, see post #57

[echat11]

Thanks for your response.

I had to go check the dictionary meaning of fickle for a moment there.

Below is the actual wording in the set aside order

"(1) The Judgment entered against the Defendant on 25 October 2024 shall be set aside, given
there is good reason pursuant to CPR 13.3(1)(b)(i), in that the Defendant having provided
evidence following Judgment being granted, to show that he not liable for the entire account
subject to a Judgment.
(2) All further proceedings in this action be stayed.
(3) There be no Order as to costs."

Does this wording seems okay? What would be you suggestion for amendments, including any reimbursement request?

The Order seems 'fine' as far as putting an end to their claim against you.

'The Claimant fully reimburses the Defendant's costs in bringing this set aside application'.

[Pezza54]

IMO you should not worry about the drafting and signing of a Consent Order before the hearing
The claimant's solicitor is attending the hearing to present the CO to the judge (hoping he will have your signature on it)
You could explain to the judge you are not happy with the wording re
the repayment of your court fee by the claimant is not mentioned
You believe you have a strong defence and are not liable for any part of the claim
You believe "stay" is a temporary halt to proceedings. Can the claimant restart proceedings?
You have been presented with this CO at the last minute and have not had time to seek legal advice

See what the judge says. He or she will hopefully agree with you