Letter Before Claim - SCS Law & UKPC - CASE WON!

Le_Kirk

4.4 This act states that for any party to establish a right to impose unilateral terms which vary the terms of the lease, must have such variation approved by 75% of the leaseholders with no more than 10% disagreeing.

Just to add a bit of weight to your point, otherwise looks as good as others I have seen.

beamerguy

'IT IS ORDERED THAT The claim is struck out

You are not ordering the court .....

The judges said IT IS ORDERED

DAngel

Done, and Done. Thanks Beamerguy and Le_Kirk

And all makes sense on the contract C-M.

Watch this space.....

DAngel

I phoned the court today to see if a hearing date had been allocated and they said it had (but paperwork not sent out yet) for.....wait for it..... the 12th FEB?!!?? That's almost 4 months away! This has been dragging on since September 2018..... is this normal?

The_Deep

Extremely normal, they often do not answer their phones either. Do not expect John Lewis service from government departments.

nosferatu1001

I would sugegst to the court theyre trying to mislead the court as to when they started operation.
Is there anythign in that statement that you can use to show they coudlnt have started then?

A WS is written in the FIRST person. So you use "I will say", and you dont use "defendant"

At no point in the WS do you adduce any evidence relating to when the parking tickets relate from and to - for example if the tickets are all from a period starting 2014 until 2017, this lends credibility to the management company responding saying 2014 to 2017.

A WS tells the story, so stat at the beginnning and work your way through
this is also NOT the place to make arguments - thats what a defence is for. THis is a series of facts supported by exhibits.

DAngel

Thanks for your notes Nosferatu1001 but I have already submitted that WS - it was due today.

nosferatu1001

You had until 4pm to file it.

Thats a clasic example of failing to do work early enough to give people a reaosnable chance to look at it. The number of times we see WS posted with 1 or 2 days left is incredible.

DAngel

True, but had to mail it to them (further to my post above, they already had warned they would not accept email), so had to post yesterday latest to ensure i met the deadline. I live and work an hour from the court and 3 hours from the claimant so would not have been able to drop it off to them by 4pm today unless i took a day's a/l to drive and do that.

I now have a long 4 months to prepare for the hearing, and appreciate all this advice so will make sure im well prepped for that.

nosferatu1001

Failure to prepare is preparing to fail. Trite but true. You gave peopel no real chance to comment.