Please help after Possession Order & Money granted-Tenat refusing to move out

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • hadiolar
    replied
    ChrisDennison,

    Thank you very much for that and clarifying what could happen at mediation.
    I will remember these points as I engage with all parties.

    Leave a comment:


  • hadiolar
    replied
    jpkeates,

    Thank you, I have made a note of those points.
    ​​​​​​Question D3- is referring to if I had any witnesses.
    The estate agent is writing a statement explaining the guarantor checks and every document signed. Y the guarantor to confirm that the guarantor was given the guarantor agreement and has a copy too.

    I will ensure I am brief and dispassionate. Thank you.

    Leave a comment:


  • ChrisDennison
    replied
    As always, jpkeates hit it on the head perfectly on what you should include in your Reply to Defence which you need to return to the court with the DQ plus you need to serve a copy of both documents on the defendants.

    The only point to add - don't be surprised if the mediation service tries to bully you into a compromise. They have targets to reach on settling cases. Mediation might be where the guarantor (if they have seen the evidence they requested) actually give up, but it's unlikely. Just stand your ground and then the claim goes back to court for a hearing.

    Leave a comment:


  • jpkeates
    replied
    First of all - they're not playing around.
    They're being sued and so it's sensible to try and defend yourself - people will do what they can.

    You can respond to all of the points in the defence.
    You can send a copy of the LBA
    You can send a complete schedule of rent due and paid and examples of when you chased the tenant for it.
    You can send details of the damage etc and how you priced the compensation due to you.
    You can send a copy of the Guarantors agreement.

    I'd suggest that you agree to mediation, which is a step before court action.
    It's pretty automatic, delays the actual court hearing but it shows the judge that you're willing to seek a sensible solution if only the other side weren't so darn unreasonable.
    Unless the other side offer something acceptable it's not likely to succeed.

    You want this to use the small claims track, yes.

    The expert witness question is no - you're not.

    I don't know what D3 is, so I can't respond to that.

    The main thing is to be as brief and dispassionate as possible.
    This is a business.
    Some people owe you money, which is regrettable, but you're now asking the courts for assistance as a last resort because they're, unreasonably, refusing to meet the commitments that they made.

    Leave a comment:


  • hadiolar
    replied
    Originally posted by hybrice View Post
    It's pretty straightforward;

    1. You submit a claim
    2. The defendant(s) are afforded the chance to defend that claim
    3. If they do so, you are notified that they will defend
    4. You will receive a copy of their defence
    5. You then have a chance to file your reply to their defence
    6. You attend Court

    Gone are the days of being able to surprise anyone at a hearing, usually if they haven't provided their evidence to you before the hearing it's not admissible (won't be taken into consideration). So just ensure you get a copy of their defence and file your reply to the court and the other side, then attend Court. Done
    Thank you for this so am at the 4th stage according to your checklist and filing all my evidence ready to send back to the courts.

    js mediation the same as court?

    Leave a comment:


  • hadiolar
    replied
    Originally posted by ash72 View Post
    How were you notified the defendant has filed a defence? Surely you would have received it?
    I saw this Notification online At first but I have now revived the defence and DQ in the post.

    Leave a comment:


  • hadiolar
    replied
    Originally posted by ChrisDennison View Post
    If either defendant has issued a defence then you will receive a copy of it together with a directions questionnaire (DQ).

    You need to complete and return the DQ (it’s pretty self explanatory) and at the same time you can (and you really should!) send to the court s reply to the defence. But let’s first see what’s in the defence.

    If both parties return the DQ the matter is then transferred to the defendant’s local county court hearing centre for directions which could either be an order or a hearing notice.

    If one party does not send the DQ back then the other party can ask for the defence to be struck out (if the defendant does not return the DQ) or the claim to be struck out (if the claimant does not return the DQ).

    The next steps are fairly simple, so I think you should be able to manage this yourself (depending on the defence of course).

    Thank you,

    I have just received the papers in the post today.
    The DQ and below is the defendants defence.

    it was written by the guarantor even though both T & G were named on the claim.

    Defence

    -I have received no correspondence regarding the amount of money allegedly owed

    - I would like a breakdown of the rent owed and how it came to be this high
    - I would like to know what damages was done to the property with proof of costs for repairs (receipts)

    - Please could I also have a copy of the claim stating that I am the guarantor as I did not receive a copy.


    Also on the DQ
    A1- it asks if I agree for this to be referred to the small claims mediation service- is it Yes or No please as I am not sure how this works.
    how possible is it to get my claims settled in mediation

    C1- Do you agree that the small claims track is appropriate for this case-Y or N

    D1- straight forward
    D2- am I asking for permission from court to Use written evidence of an Expert ( I don’t understand this question) . I only have a written evidence from the estate agent who cheapens the tenant in and got all documents.

    D3- should I mention the estate agent
    D4- straight forward

    I am trying to be calm I just don’t know why people like to play you around when they owe you outstanding rent.

    please help

    Leave a comment:


  • ChrisDennison
    replied
    Originally posted by ash72 View Post
    How were you notified the defendant has filed a defence? Surely you would have received it?
    You can see it on the MCOL portal a good few days before the court papers arrive by mail...

    Leave a comment:


  • hybrice
    replied
    It's pretty straightforward;

    1. You submit a claim
    2. The defendant(s) are afforded the chance to defend that claim
    3. If they do so, you are notified that they will defend
    4. You will receive a copy of their defence
    5. You then have a chance to file your reply to their defence
    6. You attend Court

    Gone are the days of being able to surprise anyone at a hearing, usually if they haven't provided their evidence to you before the hearing it's not admissible (won't be taken into consideration). So just ensure you get a copy of their defence and file your reply to the court and the other side, then attend Court. Done

    Leave a comment:


  • ash72
    replied
    How were you notified the defendant has filed a defence? Surely you would have received it?

    Leave a comment:


  • ChrisDennison
    replied
    If either defendant has issued a defence then you will receive a copy of it together with a directions questionnaire (DQ).

    You need to complete and return the DQ (it’s pretty self explanatory) and at the same time you can (and you really should!) send to the court s reply to the defence. But let’s first see what’s in the defence.

    If both parties return the DQ the matter is then transferred to the defendant’s local county court hearing centre for directions which could either be an order or a hearing notice.

    If one party does not send the DQ back then the other party can ask for the defence to be struck out (if the defendant does not return the DQ) or the claim to be struck out (if the claimant does not return the DQ).

    The next steps are fairly simple, so I think you should be able to manage this yourself (depending on the defence of course).

    Leave a comment:


  • hadiolar
    replied
    Thank you very much for that. I will wait for the documents.

    Leave a comment:


  • ash72
    replied
    You should be send the defendants defence that they submitted, you will also be sent your response to them, leave any personal emotions out of it when responding make sure you answer each of their allegations. After sending this back to the courts, the courts will send this to the them. If there is a hearing this will then be communicated to both, otherwise the judge will make the order based on the information submitted.

    Leave a comment:


  • hadiolar
    replied
    Brief summary

    I jointly sued the guarantor and tenant for monies owed mid July after LBA ignited by both guarantor and tenant.

    i have been notified
    -that a bar was put in place for defendant
    -defendant has filed in a defence
    -DQ was sent to defendant

    I noticed that only the name of the guarantor was mentioned although I sued both guarantor and tenant.

    What should I expect next at this stage?
    Does anyone have any experience with this stage as I am wondering if I can still deal with it myself at this stage or I need to get a solicitor. Or just sit back and await court papers
    Thank you

    Leave a comment:


  • hadiolar
    replied
    Originally posted by 45002 View Post
    4 previous threads on same tenant, much easier to stick to one thread !

    https://forums.landlordzone.co.uk/me...hadiolar/about
    I HAVE ONLY GOT ONE THREAD ON THIS TOPIC (except I don't know what a thread means),.. any mistak ein posting was unintentional;
    Not sure what I have done wrong here.

    Leave a comment:

Latest Activity

Collapse

Working...
X