Taking ME to court? please help!

zzzLazyDaisy

I don't agree. The DPS is holding £400. The OP has agreed to the DPS releasing this money to the LL. So the DPS has not had to make any decision about the cost of putting right the damage. Even if the DPS has made a formal decision, the maximum that they could pay out would be £400 since that is the amount of the deposit. This does not preclude the LL from taking steps to recover further legitimate expenses from the estate.

NOTE: I am not saying the LL does in fact have a genuine claim, it seems unlikely, but we have no way of knowing that without knowing all the facts.

madbadrob

Lazy,
If you read further in this thread the OP stated that the DPS had now paid the £400 and that they had said when first queried that the £400 would cover the cost of the repairs.

I agree that this doesnt preclude the LL from trying to recover further monies however if the OP is correct the monies she was trying to claim was the £400 to cover the damages and interest at 8% per day I believe. Like you I do not think that the LL will win and in fact I would be very surprised if she did in this case even if the court alter the claim to the estate of ......

Rob

zzzLazyDaisy

It wasn't the DPS that said the bond money would be sufficient to cover the damage - it was the Estate Agent, which is not connected with DPS. The EA's letter is a matter of evidence for the court, and it depends on what basis the EA made this statement. It may very well be that they had examined the damage, obtained quotes for putting it right, and had the LL's approval to confirm this in writing.... or not...

I agree it is relevant, but I don't agree that it is necessarily as cut and dried as you suggest.

Also county court interest is recoverable at a rate of 8% per annum, not 8% per day, from the date that the court rules the debt was due and payable.

daska

I was referring to the LL claim that the OP had failed to contact the DPS but unfortunately I wrote estate agent in error. Sorry OP.

sootica1976

Hi
I recieved this letter this morning:

Deputy District Judge has considered the statements of the case and allocation questionnaires filed and allocated the claim to the small claims track.

Before the claim is listed for hearing, the judge has ordered that a preliminary hearing should take place:

Special directions are needed in this claim to prepare for the final hearing which the judge would prefer to explain to you in person.

The preliminary hearing will take place at 11.30am on 21 May 2013 at nuneaton county court, warwickshire justice centre

The reason the judge has given allocation for this track is that the claimants claim relating to damage allegedly caused by Mrs.***(my notes-my mother) can only be made against her appointed personal representative (in such capacity) or against her estate. The claimant has not compiled with CPR 19.8(2).

So what does this mean? There is something else, I am moving away 113 miles away up North before then, I cannot and do not want to come back here just to attend the court which will cost me a FORTUNE in petrol, I am so furious that this is happening, the Landlady is so evil doing this She has had back the £400 bond and it now wanting more for something she said the bond would be enough for! Please can anyone advise? Thank you!

madbadrob

CPR 19.8 (2) states
(2) Where a defendant against whom a claim could have been brought has died and –
(a) a grant of probate or administration has been made, the claim must be brought against the persons who are the personal representatives of the deceased;

(b) a grant of probate or administration has not been made –
(i) the claim must be brought against ‘the estate of’ the deceased; and

(ii) the claimant must apply to the court for an order appointing a person to represent the estate of the deceased in the claim.
I would suggest that because the claim has been made against you with regards to the delay the judge is wanting you both there to explain how this should now go. If you dont attend in person then you run the risk of losing this and being made to pay for the plaintiffs case and what she was requesting in the first place. Whilst a solicitor cannot attend the small claims court on your behalf you are entitled to a 30 min free consultation and they should be able to advise you on what course of action to defend this is best

Rob

sootica1976

Thank you Rob.

I will see a solicitor next week and see what's what! Thanks again you have been great.

Savvy_Sue

Is there, in the paperwork, anything to allow you to have the case moved to a convenient location for you? I thought that was an option ...

ValHaller

madbadrob wrote: »

Whilst a solicitor cannot attend the small claims court on your behalf

Eh? You seem to imply that a solicitor cannot represent OP? If you mean that, then how do you arrive at that conclusion?

ValHaller

sootica1976 wrote: »

Hi
I recieved this letter this morning:

Deputy District Judge has considered the statements of the case and allocation questionnaires filed and allocated the claim to the small claims track.

Before the claim is listed for hearing, the judge has ordered that a preliminary hearing should take place:

Special directions are needed in this claim to prepare for the final hearing which the judge would prefer to explain to you in person.

The preliminary hearing will take place at 11.30am on 21 May 2013 at nuneaton county court, warwickshire justice centre

The reason the judge has given allocation for this track is that the claimants claim relating to damage allegedly caused by Mrs.***(my notes-my mother) can only be made against her appointed personal representative (in such capacity) or against her estate. The claimant has not compiled with CPR 19.8(2).

So what does this mean? There is something else, I am moving away 113 miles away up North before then, I cannot and do not want to come back here just to attend the court which will cost me a FORTUNE in petrol, I am so furious that this is happening, the Landlady is so evil doing this She has had back the £400 bond and it now wanting more for something she said the bond would be enough for! Please can anyone advise? Thank you!

Essentially, the judge agrees with my post 18.

As for moving away,it seems that you have applied to have the case transferred to your local court already? In which case you chose the wrong one? I suggest you attend and assuming you win, you ask for the cost of travel as part of your costs from the plaintiff.