Awful Housing Association Landlord who're taking me to Court

steampowered

Hard_food_for_midas wrote: »

Ok...I'm going to pause and will not call them to settle until tomorrow. If I wait until next week, I'm on half term with my children and may miss an important Court deadline..

Which deadline are you referring to?

I suppose your options are:

1) Pay the service charge + court fee now, and deal with the repair failures separately.
2) File a defence and counterclaim, and force it through to a hearing so that the case can be dealt with by a judge.
3) File a defence and counterclaim, and try to settle with the leverage of a live court process to focus the HA.

The next step at which costs will escalate again will be when the claimant has to file the hearing fee (click here and go to page 6 to see what it is), but that comes later in the court process, after the next step of both parties returning a directions questionnaire, so you have time.

Hard_food_for_midas

steampowered wrote: »

Which deadline are you referring to?

I suppose your options are:

1) Pay the service charge + court fee now, and deal with the repair failures separately.
2) File a defence and counterclaim, and force it through to a hearing so that the case can be dealt with by a judge.
3) File a defence and counterclaim, and try to settle with the leverage of a live court process to focus the HA.

The next step at which costs will escalate again will be when the claimant has to file the hearing fee (click here and go to page 6 to see what it is), but that comes later in the court process, after the next step of both parties returning a directions questionnaire, so you have time.

Deadline I was referring to was I needed to respond within 14 days of receipt of Claim Form from County Court. Which I did, you have seen the reply.

The advice from Guest101 makes me think I have to submit evidence in my defence within the next 14 days - TBH, I am confused. I now do not think I do have to do this.

Have any of you actually gone through this process of defending a CC claim through money claim online?

Guest101

Hard_food_for_midas wrote: »

Deadline I was referring to was I needed to respond within 14 days of receipt of Claim Form from County Court. Which I did, you have seen the reply.

The advice from Guest101 makes me think I have to submit evidence in my defence within the next 14 days - TBH, I am confused. I now do not think I do have to do this.

Have any of you actually gone through this process of defending a CC claim through money claim online?

Look if you don't believe me, go pay for a solicitor.

Hard_food_for_midas

Guest101 wrote: »

Look if you don't believe me, go pay for a solicitor.

When do I send in all my papers/evidence then? The MCOL gave no option and no instruction to issue papers to the court. At this stage it merely asked whether:

1) I accepted and would pay full amount
2) I wished to mount a defence - which I did

(I cannot remember, but option 3 may have been, do you wish to make a counter claim?)

I've just logged in to MCOL and seen that a DQ (Directives Questionnaire is being sent to me by post today.) I will then have 14 days from today.

https://www.moneyclaimsuk.co.uk/small-claims-court.aspx
'The Court will send to each party a copy of the other party's questionnaire so it is best to be open and honest in answering questions to avoid any further disagreement.'

I have already been open and honest and in contact with the Claimant about my defence.

TBH - I may continue with this for a while and hope they go to mediation. Because they have been incompetent in the past, they miss one of the deadlines set by the court. If they do, can I then insist on a 'default judgement'? If so, how soon after?

Guest101

Hard_food_for_midas wrote: »

When do I send in all my papers/evidence then? The MCOL gave no option and no instruction to issue papers to the court. At this stage it merely asked whether:

1) I accepted and would pay full amount
2) I wished to mount a defence - which I did

(I cannot remember, but option 3 may have been, do you wish to make a counter claim?)

I've just logged in to MCOL and seen that a DQ (Directives Questionnaire is being sent to me by post today.) I will then have 14 days from today.

https://www.moneyclaimsuk.co.uk/small-claims-court.aspx
'The Court will send to each party a copy of the other party's questionnaire so it is best to be open and honest in answering questions to avoid any further disagreement.'

I have already been open and honest and in contact with the Claimant about my defence.

TBH - I may continue with this for a while and hope they go to mediation. Because they have been incompetent in the past, they miss one of the deadlines set by the court. If they do, can I then insist on a 'default judgement'? If so, how soon after?

No, you can ask the claim to be dismissed, you do this in court - its discretionary

Hard_food_for_midas

Just a quick update- the Court has been in touch to say each side has agreed to telephone mediation set for sometime this month. I will update after...

thanks again all

Hard_food_for_midas

We had a mediation session today which lasted an hour and we agreed a sum of compensation...case dismissed.

Now still got to chase to make sure they do the work properly and so far they have failed to show us any more than one specific quote for our building. After pushing they came back with 5 general quotes, not specific tenders for our block.

Should they not legally have at least two quotes for our specific block with a scope of works?