So its ok to send bills all fraudulent, and because I charged them for my personal time you don't know if you can assist further ? After many hours on the phone trying to explain where the errors were, and talking to people who cannot do simple mathematics, just like talking to a brick wall 6 weeks later i had to search for the chiefs, and hit a Deadlock Then received a letter with the usual BS on courts (fraudulent) bailiffs ( fraudulent) forced entry (fraudulent) When a account is in dispute whether its deadlock or not, they cannot enforce their last threat ..... can they ?? Even thou, i know they cannot due to vulnerabilities

Will do, I remembered that when I hit the road again, thanks for the kick lol This case now has escalated to threats of Legal proceedings for owing them on their bills, I paid them minus my charges for my duties doing their job I'll upload those attachments in next 5 minutes or so Thanks for the reminder here are my letters sent by email to UW My partner sent me a pic of their threats, Ill post that later tonight, I have so they say until the 23rd to respond Thanks for the reminder here are my letters sent by email to UW My partner sent me a pic of their theats, Ill post that later tonight, I have so they say untilthe 23rd to respond 2023 Jan 21 Letter to Co-CEO CAG.pdf 2023 Jan 28 Letter to Co-CEO CAG.pdf

Since I have been away for such a long time, things have changed on here, so Sorry if I have posted this in the wrong area, please advise.. Right, I have been called on many occassions by 0800 0728401 Its an automated dialer, when you call it back, It says you were called by the N Brown retail cataloughe group, then says someone will call you back, and then hangs up I have done some research, and it appears to be from J D Williams, and it was confirmed when I contacted their head office, and also when I called 0870 6033 603 Today was the last straw, finished work and in bed by 6am, (Yes silly time I know) but someone has to work nights, and thats me, and yes, I could of switched my phone off, but I cant, I have children with the EX. But I was woke up at 10:23 to be precise, mid way thru a good sleep, and that has really bugged me now, esp since I am back here So I have drafted this letter up, please advise if I need to change it, but the threat of action in courts does tend to scare them away, like it used to scare me FINAL WARNING COURT ACTION PROCEEDING 72 HOURS TO COMPLY AND RESPOND Dear Sir / Madam Having contacted your offices on numerous occasions to inform you that you are committing an criminal offence by contacting my Landline number 01480 ******, I am now informing you officially of my intention The action which I will be taking will be – Harassment and distress, and I will be suing your company for calling me with an 0800 0728401 – Automated dialler – N Brown Group, The offence consists of nuisance phone calls on numerous occasions, as I work nights also, being woken by a call at 10:30am, is not a suitable time to be woken up by anyone, especially an automated dialler call, where nothing is said. I have evidence to provide at court that you have made such calls, and if they do not stop within 72 hours of receiving this letter, each and every call will be logged and charged at the rate of £100, and also I will be claiming a sum of £2000 for distress and harassment caused. This action taken by myself will be vigoursly defended in court with evidence to back every stage of action that I have taken and further evidence which I hold against your company, which will be available in court proceedings. Therefore may I suggest that you remove my number and cease with immediate effect, you have 72 hours to comply, and to write confirming that action has been taken to stop your automated dialler, so not to cause further harassment and distress, if no confirmation has been received and the calls do not stop within the 72 hours, I will have no alternative but to start court action. Court action will commence 30th September 2008. The phone number given is for finding and removing from your systems, not for any other purposes, you may not contact me by telephone for any reasons, and such breach will result in Data protection act infringements, and further court action being taken for such breach. Its all thanks of this site, that I have become a fighter of my rights, and now I have settled into my home, I am back fighting again Thank you CAG xx we love ya xx:)

Hi there I've been with Utility Warehouse for about 2 years now March 2021 after several months after starting with them, I noticed my new bill was crazy on Gas and Electricity, the billed showed a jumble of dates and readings in a crazy way March 2021 I got this sorted and all good with someone who knows Mathematics like I do, but come November 2022 and December 2022 it started again, initially i didn't pick up November over charge because it was during my busy time at work, but December I picked up However for at least 6 months, I had to not only complete their APP, WEBSITE and send a email with readings, email because the readings supplied didn't show up on either App or Website. December 2022 Over charged again, Disputed straight away, and usual BS saying they will get back to me within 2 or 5 days, and when they did, they couldn't fathom out that the bill was over charging and fraudulent as they were going over accepted bills that were fully paid. All I got was it has my readings on, but that wasn't only problem, not showing my last reading correctly as the last row, then something gets messed up, and probably because they gone back like 6 months, and now charging me more for what I've paid is fraudulent action. This is what I expect from them, 1 month 1 row per charge Expected Because this infringing my personal time and rest periods from my usual duties as a truck driver doing in excess of 65 hours Monday to Friday, I grant them 5 minutes to check my bill, and if wrong and not corrected straight away, they should then pay my charges for taking my precious time away from me for making constructive spreadsheet which they cannot use, so then to convert that to pdf! Then they realised they made several errors However it was not cleared, and no explanation why the errors happened and what they were going to do about this I charged them £100 for my services (sent on all emails received) and incurring £150 per hour, includes part hours Of course they Don't do it like that they say, well Sorry, I don't accept a shut up goodwill for doing your job. So at end of December I sent them payment for the bill, minus overcharging and my charge 31st December's received a call soon after my email explaining why, and was abused by the caller, Calling me SIR when it's so clear on record I identity as Female with the word MISS So another Complaint went in for that I'm sending emails and no responses 11th January received, Text and Email stating that Home line, Broadband and Mobiles will be suspended for not paying the bill in full, OK its still Disputed so must be Automated No it wasn't 12th January approx 10am, all communication services cut off, only 1 way call to Utility Warehouse and possible Emergency (Didn't try) This caused us stress and distress, I'm a long distance driver and my partner is Epileptic and doesn't know exactly the best solution, thankfully I do and was able to contact another person to get in touch with my partner. Further Complaints and over 2 hours in my work time trying to resolve the dispute, however not solved I took Emergency action to rectify the situation away from Utility Warehouse, New Sims and new Broadband. I then went direct to Co CEO email, no reply in 2 days, found the email for Cheif CEO, no response Then approx 2 weeks later, received an email acknowledged their errors, and granted me £100 in goodwill, and expects me to stay with UW Mobiles as they know Broadband is taken away, they also know the Cash card is empty and not used now. £100 isn't enough for the stress, distress, using work time and my precious time in this long now 2 month dispute I received a Deadlock letter now after I sent them a Before Action letter I could go to Ofgem but I don't think they will do anything I know for certain, Their errors are going to cost me more, They suspended my communications and how can I ever trust any company like that, that's so draconian when an account is in dispute and further complaints and disputes happen all because they made errors I'm now thinking straight to small claims, claiming the limit for all, Disputed, Suspension, Distress, Vulnerable Appreciate advise Deadlock letter below Thank you for speaking with me regarding the complaint on your account. I’m really sorry to hear about the problems you’ve had with the charges on your account recently and the customer service you've received, as well as the time this complaint has taken for you. I can understand how frustrating this was for you. We appreciate the chance you’ve given us to look into this further, and to try to make things right. Here’s a summary of your complaint: You were unhappy with the rebilled amounts on the November and December 2022 bills and the discrepancy of £12.73 You were unhappy with the time taken and the hours of your free time taken looking through the billing issues You were unhappy with the effect the bills had on your telephony services while you disputed the energy charges You were unhappy with a customer service call with Jensen on 31 December 2022 and the mistaken use of 'sir' on the call Here is what you wanted: For the discrepancy on the rebilled amounts on the November and December 2022 bills to be credited back To charge at £150 an hour for your free time and time taken to contact UW as chargeable hours for your complaint To move away your telephony services but still remain on a Double Gold energy tariff instead of being placed on a Value tariff with energy only services To be advised further on the investigation with Jensen and further personal details on Jensen including full name, position and office location. You also wanted further compensation for the mistaken use of 'sir' on the call Here is what we’ve offered: We're sorry for the problems with the rebilled amounts and have credited £15 to your account for just over the discrepancy on the rebilled amounts on the November and December 2022 bills We're sorry for the time taken to resolve the complaint on your account and the time you've spent on the complaint. We've advised we're not reasonably able to credit for chargeable hours We’ve advised that without full payment then a manageable and affordable payment plan would need to be set up on the account to protect the telephony services on your account while you would dispute any energy charges. We've advised that we would be unable to offer a Double Gold tariff for energy where the telephony services are no longer with UW and energy only services would be on a Value tariff We’re sorry for the mistaken use of 'sir' on the call with Jensen. We have fed this back internally to Jensen and reviewed internally on this call advising on confirming the name of the person answering the call. However. we have also noted that Jensen was put under immediate pressure on this call being immediately advised he was being recorded before any introductions and then further on being charged £150 an hour for the time spent on the call before mistakenly using the word 'sir' and confirming he was unsure on who he was speaking to. We would review the employee performance internally To say sorry for the problems with the billing and the customer service we've a applied a total of £100 goodwill credit on the account I’m sorry for the problems you've had with the customer service and the billing and for the distress this has caused. Our proposal to resolve this matter is reasonable and so this letter is to confirm that this is our final position. This is also known as a ‘deadlock letter’. I understand this may not be the resolution you were hoping for but we’d like you to know that you have the right to contact the Ombudsman if you wish to take this further. As we can’t agree on a way to resolve your complaint, I recommend you contact the Ombudsman Services: Energy. You can do this at any time within 12 months from the date of this email. Ombudsman Services: Energy (the Ombudsman) The Ombudsman is there to help resolve disputes between energy suppliers and their customers. It is free to use their services, and they are totally independent – so they do not take sides, and make their decision based only on the information available. If you agree with their decision, we have to act on what they say. This may mean we have to apologise, explain what has gone wrong, correct the problem or give you a financial award. You do not have to accept their decision. Please make sure you mention you have received this ‘deadlock’ letter when you contact them. How to contact Ombudsman Services: Website: www.ombudsman-services.org Phone: 0330 440 1624 Post: Ombudsman Services: Energy, PO Box 966, Warrington, WA4 9DF Email: enquiry@ombudsman-services.org I hope this clarifies things for you but if there’s anything else we can help you with, please contact our Customer Escalations team on 0333 003 5648. We’re open from 8:00am - 8:00pm Monday to Friday, and 9:00am - 4:30pm on Saturdays. You can also email customerescalations@utilitywarehouse.co.uk or send a letter to the following address: Customer Escalations Team, Utility Warehouse, PO Box 59187, London NW2 9LH. Thank you and all the best, Marc Executive Complaints Team Marc Executive Complaints Team T: 0333 003 5648 (Monday to Friday 9am - 5.30pm & Saturday 9am - 4.30pm) W: www.utilitywarehouse.co.uk A: Network HQ, 508 Edgware Road, London, NW9 5AB

Thank you so much, messaged Sarah yesterday and she called a few hours later, seems the ball is rolling I had done a SAR however it never contained the information i requested on behalf of my partner, however sent in another request in following up action, nothing heard in a couple weeks Hopefully Sarah will be able to investigate and find out the info we require

Thank you, I'm gathering she is from Lloyds

Hi there My partner is seeking to find a deposit to her Savings account in November 2013 Her account was controlled by guardianship her father, she was 15 and the guardianship was never revoked because they never wanted her to control her account let alone her own life A payment was over £45,000 and she is seeking to find out who paid it in and what name the payment was in relation to Was it her parents or was it in her name ? If it was in her name, then there could be further action taken against her parents for theft without knowledge or authorization Any advice is so much appreciated

This topic was closed on 11 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Is there anything on th AQ i could write in Section G Other Info I was wondering if to put in that the claimant has not followed civil procedure rules, and as such recommend to the judge that the case is thrown out or something like that ??

The Claimant has not even follow general CPR rules, they had my mothers address and didnt even send any communication, and I would of known, and it also shows they didnt in their claim with the lack of communication ie letters The brief says 1 . 2 months rent arrears 2. Iron scorch mark on carpet in lounge 3 locksmith to gain access value £947 POC Says 2 Months rent arrears (august 2011, December 2011) - £1300 1 month (£650) + £100 (her deposit) already received from DPS Net rent arrears - £550 Iron scorch mark on carpet in lounge - £277 (Picture attached - invoice enclosed) Locksmith to gain access to property - Tenant failed to return keys to agent on vacating, Tenant locked keys inside the property (Picture attached - Invoice Enclosed) Redecorated throughout at the cost of £672, we have decided not to include in claim as we took the view this would be difficult to [rove, invoice enclosed Copy of tenants check out form attached In the details enclosed, no communications to me, none even attempted, not by letter, phone or email, even thou non have changed apart that now I live up north The Rent is still in dispute until I am financially sorted for loss of earning etc for works carried out which was very extensive due to subsidence, and we were made really to sleep on sofas and I had to loose work as a night worker the works were during the day, thus I was unwilling to sleep while they worked thus lost wages, and also lived under the threat of asbestosis health risk in the future, no other alt accom was ever offered, even thou I requested it. However the works due for dec 2011 were going to give us alt accom, but we decided to go, we had enough, esp since we had to pack up again, well what's the point, we may as well bring our future life plans forward (thankfully its worked out for the better) The carpet was a pure accident, and as explained it was at least 20 to 30 yrs old, and contract states apportionate cost locksmith, well all properties held by letting agents, a spare set are held by the agent, we did not change the locks, and they are claiming the back door lock and handle, well I have a letter states the contractor never returned the key, we didnt need a key to access the rear of the property, so really never a problem. And why would they need to break in? the agent has the keys Decoration, defamatory statement, should not of been on the claim if not claimed, just a pure defamatory statement to try and blacken me, and trying to make the court believe that we were bad tenants and caused a lot of redecoration As I posted above are my response to the claim (post 15) and I have the originals of most of the communications between myself and the letting agents, all which prove that the works at the house were quite extensive and continuous, and probably have occurred yet again

Hi Wonkeydonkey Basically as post 1 says I have now submitted my defence in full, documents and all However I did amend it, as I did notice some silly errors, This is what I have sent Defence Statement 1) The claimants were aware that I had changed my name thru Civil Partnership, I was known on to the Letting agents and the LL asLLS, and also once I formed a civil partnership, that I changed my name to S. 2) The claimants have not followed Civil procedure rules, where as the claimants must communicate with the defendant, the claimants were aware of my mothers address, they would of had sufficient means to follow CPR rules and send Formal request and a Letter before action, as proven by my response to this claim 3) I had no financial dealings what ever with the LL, I was dealing with EW lettings agency of St Ives, Cambridgeshire. Attached letter (EWLA_ACT) 4) I have / had been communicating with Ellis Winters Letting agency at all times in relation to the property, At no time was any legal proceedings ever considered by them, and I considered the account closed since I had no communications by any means, Electronically, Telephone, Mobile or Letters since December 2011 5) The Accusations 5.1) Rent arrears, August payment was placed into legal dispute with EW on the 12th August 2011, This dispute was in relation to works being carried on in the property and loss of earnings (Sec 5.4) whilst these works are carried out from September 2009 to December 2011, (attached copy of emails dated 11th August 2011, 18th August 2011 and 1st September 2011)(DEF EMAIL 1) At no point have either EW or The LL demanded payment of this disputed amount until this claim, This dispute still has not been settled as of this claim. Please also note, Since I at the time worked nights as a HGV / LGV Heavy goods Vehicle driver, I should be fully rested before operating any machinery such as a heavy goods vehicle, If I operated such a vehicle whilst tired, I could put life and property at risk, Ellis Winters and The Missions were well aware of my circumstances and occupation. 5.2) The Carpet, This was a leaving accident, The curtains were being Ironed after being washed and dried, My mother who is in her late 60’s, tripped over the cord and the Iron fell to the floor, and I cared for my mother and my partner got hold of the Iron immediately after, and it scorched the carpet, However, that is no defence, The carpet was not new, it was actually ex RAF carpet, approx 20 to 30 yrs old, It also showed excessive wear and tear all around, especially in areas that were in greater use such as doors and windows areas. Under the Rental agreement Sections 4.3.1 Apportionment of each costs, 4.3.2 Fair costs, (attached copy of Rental agreement) (EWLA_AGREEMENT) Under these clauses, the landlord can claim part cost of the damage, since the carpet was 20 to 30 yrs old, claiming for full cost of replacement is contradictatory of the EW / LL own agreement. Defence Statement (Continued) 5.3) Locksmith, As per letters attached (EWLA_KEYS), The said keys were in procession of EW Letting agency, The claimants evidence the recept is stating the Back door Lock and Handle, As per attached (LL_WORKS1) dated 5th September 2010, they state in their own hand writing that the Back door key is still in procession of the Contractors (page2), as there was only ever one key for the back door, I could not leave a back door key, The keys were left in the Kitchen with the final Mortise lock key for the front door left posted thru the door making the property secure, as EW stated they have Key, and I actually knowing they have keys, There should of never been any reason the LL would have reason to break and enter into their property, as the Letting agency would have to have keys in case of any Emergency as per email dated 18th August 2011 (DEF EMAIL 2) Please also note the lock which was present during my stay, had a knob which you turned to gain access to the rear of the property, which I didn’t need the key to get outside of the property, Since we used the front door for normal entry, we did not find not having a back door key any problem. 5.4) Decoration, Although not claimed as it may be difficult to prove (Claimants words), I feel that part has been added to be defamatory and as such I must defend my position, you may now be of the understanding that I am a tenant which treats a house with utter contempt, which isn’t the case here, I treated this property as my family home, and was proud of my home, I did have intentions to stay for quite a few years, well until my Son was old enough and capable enough to cope with me leaving the area. My son is now 10, my partner and I would of stayed if the house was of acceptable standard another 6 or so years, The only problem I had at start was that EW made it so clear that it was not my home, by the wording on their 3 monthly letters stating that they had the Keys, which ensured that the house never felt like home. 5 to 6 months after moving into the property, Wide cracks started appearing all over inside the property, Cracks to walls, ceilings and also a wide gap in the utility room which outside light could be clearly seen and a breeze could be felt. From September 2009 until September 2011, I was communicating with EW, The LL, Contractors, Insurance and Assessors, in relation to these cracks etc, living with Asbestosis risks, which I will not know until a later date if my family and I are actually affected by asbestosis. On my honeymoon (15th to 28th August 2011), my partner and I decided enough was enough, and decided then to find alternative accommodation or to buy our own home, and at that time we enquired about ending the contract early, which the contract was never renewed or if it was, it was never given to us to sign, However, we agreed to give EW 2 months notice, which we did on the 27th September 2011, thus to leave by 12th December 2011. At no time during the works in late 2010, and again in May 2011, were never offered alterative accommodation, we tried to work around these works thus helping the Letting agency and the LL, I did request alternative accommodation prior to the works in May 2011, but I have no proof of this request, I do however know that this request was by telephone to Mary at EW These works and the continued ignoring my request for compensation due to not offering us alternative accommodation, is how the Initial dispute in Section 5.1 came about. I have attached copies of the emails dated between May 2011 and 5th December 2011 (Works plus Emails) I have also sent the following to the LL PRELIMINARY BEFORE ACTIONING LEGAL PROCEEDINGS Dear Sir / Madam Since I left the property at the address above, and knew that EW were now dealing with said house, I had thought my freakish nightmare was over. It saddens me therefore, that you have chosen to instigate legal proceedings against myself and my family, after the problems in the house, which are well documented, and which consequently caused us to leave the property. You seem intent however on attempting to make our lives a misery, and clearly, forcing us out was not enough for you. It is with regret then, that I must pursue legal avenues of my own against you. This may include proving the presence of asbestos, harassment and emotional distress. Financial compensation will of course be part of my claim. I will be considering also, lost earnings, cost of employing labour, insurance issues and obviously, any legal fees thereafter. I give you fair warning then, that this letter constitutes 'before action' notice, and that should my issues not be resolved, this matter will end up in court. You will be aware you have 14 days to reply, however, I would welcome your suggestions as to how my claim can be settled satisfactorily, thereby avoiding court action. However, If you decide to end your claim against my family and I, then I will consider this matter closed, However I must have written evidence that you have ceased your claim Yours Sincerely

I have made a thread here, but I must have the wrong heading or something and I seriously could do with some guidence Please I also wish to counterclaim for emotional distress, and possible future side effects of asbestosis I will be donating to CAG on a successful win http://www.consumeractiongroup.co.uk/forum/showthread.php?363180-Court-papers-9-months-after-leaving-property Thanks

Anyone I have only next weekend to get this done, I am away from any internet all week, back home friday night

an someone advise me on how I set about the counterclaim, and if my defence is ok? I do aim to ensure that CAG get 50% of my counterclaim if I win, since I do appreciate their assistance, and now I am in a situation where I can afford (Just) to donate funds to CAG Thanks

I have drafted this as my defence, plus have all the emails, letters, Please can someone go thru it and let me know their thoughts, Thanks Defence Statement 1) The claimants were aware that I had changed my name thru Civil Partnership, I was known on to the Letting agents and the Landlords as OLD NAME, and also once I formed a civil partnership, that I changed my name to NEWNAME. 2) Under civil procedure rules, the claimants must communicate with the defendant, as the claimants had my mothers address, they had sufficient means to follow CPR rules and send Formal request and a Letter before action, as proven by my response to this claim 3) I had no financial dealings what ever with the Missons, I had dealings with Ellis Winters lettings agency of St Ives, Cambridgeshire. Attached letter (EWLA_ACT) 4) I have / had been communicating with Ellis Winters Letting agency at all times in relation to the property, At no time was any legal proceedings ever considered by them, and I considered the account closed since I had no communications by any means, Electronically, Telephone, Mobile or Letters. 5) The Accusations 5.1) Rent arrears, August payment was placed into legal dispute with Ellis Winters on the 12th August 2012, This dispute was in relation to works being carried on in the property and loss of earnings whilst these works are carried out from September 2009 to December 2011, (attached copy of emails dated 11th August 2011, 18th August 2011 and 1st September 2011)(DEF EMAIL 1) Please also note, Since I at the time worked nights as a HGV / LGV Heavy goods Vehicle driver, I should be fully rested before operating any machinery such as a heavy goods vehicle, If I operated such a vehicle whilst tired, I could put life and property at risk, Ellis Winters and The LANDLORDS were well aware of my circumstances and occupation. 5.2) The Carpet, This was a leaving accident, The curtains were being Ironed after being washed and dried, My mother who is in her late 60’s, tripped over the cord and the Iron fell to the floor, and I cared for my mother and my partner got hold of the Iron immediately after, and it scorched the carpet, However, that is no defence, apart that the carpet was not new, it was actually ex RAF carpet, approx 20 to 30 yrs old, and was not compliant with H&S regulations for Rented property, It also was showing excessive wear and tear all around, especially in areas that were in greater use as doors and windows areas. Under the Rental agreement Sections 4.3.1 Apportionment of each costs, 4.3.2 Fair costs, (attached copy of Rental agreement) (EWLA_AGREEMENT) Under these clauses, the landlord can claim part cost of the damage, since the carpet was 20 to 30 yrs old, claiming for full cost of replacement is contradictatory of the Ellis Winters / The LANDLORDS own agreement. Defence Statement (Continued) 5.3) Locksmith, As per letters attached (EWLA_KEYS), The said keys were in procession of Ellis Winters Letting agency, As the claimants evidence, It is stating the Back door Lock and Handle, As per attached (LANDLORDS_WORKS1) dated 5th September 2010, they state in their own hand writing that the Back door key is still in procession of the Contractors (page2), as there was only ever one key for the back door, I could not leave a back door key, The keys were left in the Kitchen with the final Mortise lock key for the front door left posted thru the door making the property secure, as Ellis Winters stated they have Key, and I actually knowing they have keys, There should of never been any reason the LANDLORDS would have reason to break and enter into their property, as the Letting agency would have to have keys in case of any Emergency as per email dated 18th August 2011 (DEF EMAIL 2) Please also note the lock which was present during my stay, had a knob which you turned to gain access to the rear of the property, which I didn’t need the key to get into the property. 5.4) Decoration, Although not claimed as it may be difficult to prove (Claimants words), I feel that part has been added to try and to blacken my name in this case, I must defend my position as if you have read the claimants claim, you may be of the understanding that I am a tenant which treats a house with utter contempt, which isn’t the case here, I wished to treat this property as my family home, I did have intentions to stay for quite a few years, well until my Son was old enough and capable enough to cope with me leaving the area. My son is now 10, I would of stayed if the house was of acceptable standard another 6 or so years. The only problem I had at start was that Ellis Winters made it so clear that it was not my home, by the wording on their 3 monthly letters stating that they had the Keys, which ensured that the house never felt like home. 5 to 6 months after moving into the property, Wide cracks started appearing all over inside the property, Cracks to walls ceilings and also a wide gap in the utility room which outside light could be clearly seen. From September 2009 until September 2011, I was communicating with Ellis Winters, The LANDLORDS, Contractors, Insurance and Assessors, in relation to these cracks, living with Asbestosis risks, which I will not know until a later date if my family and I are actually affected by asbestosis. On my honeymoon (15th to 28th August 2011), my partner and I decided enough was enough, and decided then to find alternative accommodation or to buy our own home, and at that time we enquired about ending the contract early, which the contract was never renewed or if it was, it was never given to us to sign, However, we agreed to give Ellis Winters 2 months notice, which we did before the 12th September 2011, thus to leave by 12/13th December 2011. At no time during the works in early 2010 and later 2010, and in May 2011, were we ever offered alterative accommodation, we tried to work around these works thus helping the Letting agency and the LANDLORDS, I did request alternative accommodation prior to the works in May 2011, but I have no proof of this request, I do however know that this request was by telephone to Mary at Ellis Winters I have attached copies of the (Works 1, Works 2, Works 3, Works 4 and Works 5) Emails dated between May 2011 and 5th December 2011) (DEF EMAIL 3) also (DEF EMAIL 1) (WORKS EMAIL 1) Defence Statement (Continued) 5.5 I never wished the LANDLORDS any bad, I worked with them to ensure their house was getting repaired, and didn’t wish to start legal proceedings against them and considered the matter closed as I never received any communications from either Ellis Winters or The LANDLORDS, The LANDLORDS proved they had my forwarding address as they were able to send the Claim to my mothers address. However since they Issued the claim, they have brought back memories of the horrors, the discomfort, the Risks we had to take to move furniture, to live in a house with paint fumes, Asbestosis risk to future health, Loss of earnings due to the works disruptions, having to sleep on lounge sofa separately from my future civil partner, Loss of Quite use of the property, Intimidation by their agents and now by the LANDLORDS.

Please can I have some advice on this, I am preparing the defence and have only till 23rd to get this done, basically 3 days since I cant get this done at work (trucker) I need to know the exact section of the civil procedures that I have been denied, and any other terms which you may feel useful in my defence I have got this bit, but uncertain on if it applies and if it does apply, what do I actually quote in the defence SECTION III – THE PRINCIPLES GOVERNING THE CONDUCT OF THE PARTIES IN CASES NOT SUBJECT TO A PRE-ACTION PROTOCOL 6. Overview of Principles 6.1 The principles that should govern the conduct of the parties are that, unless the circumstances make it inappropriate, before starting proceedings the parties should – (1) exchange sufficient information about the matter to allow them to understand each other's position and make informed decisions about settlement and how to proceed; (2) make appropriate attempts to resolve the matter without starting proceedings, and in particular consider the use of an appropriate form of ADR in order to do so. 6.2 The parties should act in a reasonable and proportionate manner in all dealings with one another. In particular, the costs incurred in complying should be proportionate to the complexity of the matter and any money at stake. The parties must not use this Practice Direction as a tactical device to secure an unfair advantage for one party or to generate unnecessary costs. 7.1 Before starting proceedings – (1) the claimant should set out the details of the matter in writing by sending a letter before claim to the defendant. This letter before claim is not the start of proceedings; and (2) the defendant should give a full written response within a reasonable period, preceded, if appropriate, by a written acknowledgment of the letter before claim. Since no communications have been received at my mothers address until these court papers arrived, I feel that I can claim that CPR section III (6.1)(7.1) has not been granted, since the LL knew of my mothers addy and the Agents knew my Email and phone number, They all had sufficient means to establish contact prior to court action. All help is so much appreciated