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Possession order dismissed due to advice of Evictions Specialist
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The cost of issuing an MCOL claim is small. Just the court fees, if you do all of it yourself. If the expert is a limited company, the hearing will be at a court near you. So, that’s a day off work for the expert to come to court. Otherwise you may have to travel to a court near the expert.
The point is that issuing a claim may prompt an offer to settle, just because of the expert’s time involved in defending the case.
It is a difficult claim because of the evidence issues, with everything over the phone. But that would work both ways, as the expert doesn’t have a proper record of what was said.The court fee to claim £1300 is only £80, and it may prompt the expert to offer a few hundred. So, spending the court fee is a bit of a gamble, but the odds are on your side.No reliance should be placed on the above! Absolutely none, do you hear?1 -
Are these people employed even allowed to "conduct litigation".......Grizebeck said:
Seems no one has noticed the elephant in the room2 -
Although the judge found that Ms Doble had been breaking the law, he found her not in contempt. Indeed, the judgment almost reads like a testimonial praising her honesty and integrity.Grizebeck said:I assume that, if the OP’s advisers were breaking the law, their bills would be unenforceable? Nevertheless, I don’t think that it would be easy for the op to tackle the technicalities of this in court, but it would be an interesting topic to include in a LBA.No reliance should be placed on the above! Absolutely none, do you hear?2 -
Are you sure that a Subject Access Request would apply here? Surely it's a Business to Business transaction?bobbstar21 said:I have made a SAR to retrieve all documents but they have been very difficult and suspect they won't provide it.1 -
The uncle and aunt are entitled to their data. Besides that, they are investors, and despite the rhetoric on this forum they are not in business.ciderboy2009 said:
Are you sure that a Subject Access Request would apply here? Surely it's a Business to Business transaction?bobbstar21 said:I have made a SAR to retrieve all documents but they have been very difficult and suspect they won't provide it.No reliance should be placed on the above! Absolutely none, do you hear?0 -
A SAR, afaIui, is a perfect valid request (demand) here.Whether the Co admits to having recordings (and if they do actually have them) is another point. But, if they do have these recordings and they fail to comply, they'll be heading down a completely different and scary (for them) route.Bobb, did you use the correct format for your SAR request, citing the relevant laws? Were you able to specify particular conversations - dates and times - in addition to 'everything' they have of you? And ask for actual recordings, not their transcripts...Even if you have no success with this SAR - either because the recordings don't exist, or because they claim them not to - if you can note down the dates and times of the most important conversations as best as possible, and the pertinent remarks made by both sides as verbatim as possible, it'll add 'weight' to your claim; the adjudicator will know that folk are highly unlikely to simply fabricate such conversations from now't.On a connected issue, was/is there any onus on you to allow this Co to redo the possession order - getting it right this time - at no further cost to you? Ie, it is similar to, say, having building works carried out that go awry; you usually have to allow the builder the opportunity to put things right, before you cancel their contract, find an alternative, and then sue for your losses.Anyhoo, good luck.0
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If they are landlords, and therefore receiving money for services provided, then they are in business whether they think they are or not. My point about the SAR still therefore stands.GDB2222 said:
The uncle and aunt are entitled to their data. Besides that, they are investors, and despite the rhetoric on this forum they are not in business.ciderboy2009 said:
Are you sure that a Subject Access Request would apply here? Surely it's a Business to Business transaction?bobbstar21 said:I have made a SAR to retrieve all documents but they have been very difficult and suspect they won't provide it.2 -
Grizebeck said:
Are these people employed even allowed to "conduct litigation".......Grizebeck said:
Seems no one has noticed the elephant in the roomI'd hope, if they were unqualified to take this PossOrd action in the first place, then their bill would certainly be wiped?Bobb, do your Uncle&Aunt have Legal Protection in their house insurance?0 -
What services?ciderboy2009 said:
If they are landlords, and therefore receiving money for services provided, then they are in business whether they think they are or not. My point about the SAR still therefore stands.GDB2222 said:
The uncle and aunt are entitled to their data. Besides that, they are investors, and despite the rhetoric on this forum they are not in business.ciderboy2009 said:
Are you sure that a Subject Access Request would apply here? Surely it's a Business to Business transaction?bobbstar21 said:I have made a SAR to retrieve all documents but they have been very difficult and suspect they won't provide it.No reliance should be placed on the above! Absolutely none, do you hear?0 -
Property rented to tenantsGDB2222 said:
What services?ciderboy2009 said:
If they are landlords, and therefore receiving money for services provided, then they are in business whether they think they are or not. My point about the SAR still therefore stands.GDB2222 said:
The uncle and aunt are entitled to their data. Besides that, they are investors, and despite the rhetoric on this forum they are not in business.ciderboy2009 said:
Are you sure that a Subject Access Request would apply here? Surely it's a Business to Business transaction?bobbstar21 said:I have made a SAR to retrieve all documents but they have been very difficult and suspect they won't provide it.0
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