TDS case and Counterclaim

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    #16
    Thanks

    I found this

    From Wikipedia, the free encyclopedia

    Consideration is a central concept in the common law of contracts and contract theory: it is value paid for a promise. Consideration is needed for a valid contract. An example; If you sign a contract with a man, agreeing to buy his car for an amount of money, his consideration is the car, which he promises to give to you. Your consideration is the money that you pay for the car. However, a contract saying that he would give you his car for nothing would not be valid per se, because you aren't giving him any consideration. In basic terms, the offeree (that is the person being offered something) must give something back to the offeror in return for his promise. There are several issues arising from, what appears to be, a quite simple doctrine. The main issues are outlined below:

    Of what value must the consideration be?
    Can performing an existing legal or contractual duty constitute consideration?
    Can a past-performance (also called past-consideration) be valid consideration?
    Williams v Roffey + Nicholls Ltd (1991) 1 QB 1 - a new dimension?

    Comment


      #17
      Past consideration is no consideration. To be valid, it has to accompany- or be directly linked with- the present transaction.
      Exception: if present transaction takes form of a Deed, this formality obviates the need for any consideration at all.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #18
        Hi update:

        Well my case was today (I didn't want to say before as I didn't want to jinx it) and we WON!!! YAY we won the full amount £1,200 plus £3,600 plus court fees and money for our day in court. Minus £200 odd for repairs and a replacement bin!!!

        So finally it is over 13 months after leaving that dreaded place!! We havn't got the money yet, hopefull it will go smoothly and it won't be another battle.

        The judge agreed with everything we said and thought the LL was talking utter rubish in most cases.

        Thanks for all the help and information here!!

        Comment


          #19
          Originally posted by looking4info View Post
          Hi update:

          Well my case was today (I didn't want to say before as I didn't want to jinx it) and we WON!!! YAY we won the full amount £1,200 plus £3,600 plus court fees and money for our day in court. Minus £200 odd for repairs and a replacement bin!!!

          So finally it is over 13 months after leaving that dreaded place!! We havn't got the money yet, hopefull it will go smoothly and it won't be another battle.

          The judge agreed with everything we said and thought the LL was talking utter rubish in most cases.

          Thanks for all the help and information here!!
          Congratulations and well done. It warms the cockles of me 'eart to hear such news!
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


            #20
            Originally posted by looking4info View Post
            Hi update:

            Well my case was today (I didn't want to say before as I didn't want to jinx it) and we WON!!! YAY we won the full amount £1,200 plus £3,600 plus court fees and money for our day in court. Minus £200 odd for repairs and a replacement bin!!!

            So finally it is over 13 months after leaving that dreaded place!! We havn't got the money yet, hopefull it will go smoothly and it won't be another battle.

            The judge agreed with everything we said and thought the LL was talking utter rubish in most cases.

            Thanks for all the help and information here!!
            Celebrate ONLY once you have the £££ and L's cheque has cleared.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #21
              Hi I’ve had some news, LL wants to get the judgement set aside. He has filled a N244 form as he said he got the dates wrong and was fully prepared to go to court.

              Now my friend and I believe the matter is done and dusted and we are just awaiting our payment as the judge awarded in our favour based on both sides evidence not just ours.

              I’m going to file an enforcement form tomorrow but I’m just wondering should I be prepared to have to have another hearing again and the money being withdrawn?

              Thanks

              Comment


                #22
                Sounds like he hasnt got the money and is back to his stalling tactics. Good to see the judge ruled in your favour too. Am going through the same sort of thing with my LL now and it looks like its going to go to court also. Not as complex as yours but the LL is withholding some deposit without having it protected. Was it difficult to get the court date sorted? What did you have to do? And I see it took you 13 months? Was that from the time you moved out? Why so long? any help would be appreciated.

                Thanks!

                Comment


                  #23
                  I think technically the deadline to appeal has passed. In any event usually an appeal can only be on the basis the judge got the law wrong - the court will not usually entertain a failure in a finding of fact (eg dates etc) I doubt the appeal will go anywhere. Might be worth considering using solicitors as if the application is unsuccessful then LL may pay your solicitors costs.
                  PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

                  Comment


                    #24
                    Hi thanks for the replies, yes I agree he hasn’t got the money; I have written a very good letter to the judge which hopefully will help. I asked the court and I can’t enforce it until this hearing to set aside the judgement is over, I’m not too worried anymore, I have discovered the LL has told a few lies in his application, he says there was a witness but the court says they have no record of one, and the date he got it confused with happened to be a Sunday 

                    Awt19 – The court process has taken 10 month since we started our claim. It took so long as we had to keep arranging different dates for the directions hearing, 1 they didn’t turn up to, 2 they cancelled and 1 we cancelled, plus the court was very busy and didn’t have many available dates. It wasn’t had to arrange there is less paper work from our end on an N208 form than N1 form. Just prepare your evidence, get their evidence and write your witness statement (summary of what happened) it is quite straightforward.

                    Thanks

                    Comment


                      #25
                      Hi thanks for the replies, yes I agree he hasn’t got the money; I have written a very good letter to the judge which hopefully will help. I asked the court and I can’t enforce it until this hearing to set aside the judgement is over, I’m not too worried anymore, I have discovered the LL has told a few lies in his application, he says there was a witness but the court says they have no record of one, and the date he got it confused with happened to be a Sunday 

                      Awt19 – The court process has taken 10 month since we started our claim. It took so long as we had to keep arranging different dates for the directions hearing, 1 they didn’t turn up to, 2 they cancelled and 1 we cancelled, plus the court was very busy and didn’t have many available dates. It wasn’t had to arrange there is less paper work from our end on an N208 form than N1 form. Just prepare your evidence, get their evidence and write your witness statement (summary of what happened) it is quite straightforward.

                      Thanks

                      Comment

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