Kiss21
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Everything posted by Kiss21
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Yes I did contact the police and they said they can’t take the case forward as no proof of who took it. Yet will re open case if further evidence comes to light. - - - Updated - - - Check my response
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Hi Yes I have spoken to my solicitor about this. There is a possibility that the liability is with the concierge company not with building management. However the exhibits received with the witness statement by the defendants solicitor to me. Include a management agreement dated 2018 and a unsigned and undated contact agreement of the concierge company. I have requested the defendants solicitor to provide me with a sign and dated contact and a management agreement in 2017. As the incident occurred in 2017. Yet I have had no response from them. I am confused really if I do receive the correct date documentation then yes I can withdraw my case. However I don’t have any proof of who was responsible when my parcel went missing in 2017 What to do? Do I withdraw my case or Cary on to court as the defendants solicitor has not provided me with valid evidence or at least evidence that is signed and dated. Any advice people. ?
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Thank you I am starting to draft a response as of now.
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Yes I objectify to the defendant and would like to the court to make the correct decision
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It’s 26 February
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Hi Andy Yes the court has provided me with a hearing date.
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Thanks Hun.
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Hi I have uploaded the documents in one file in pdf Hopefully this will be ok HA-S PDF.pdf
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N244 form Exhibit Witnesses statement part 1 Witnesses statement part 2 Witnesses statement part 3 Any help with this would be appreciated thank you
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Hi Andy I have sent you a PM.
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Hi This is an update and advice needed. I have received a letter the courts giving me a hearing date which is in a few months, with an attached N244 form. Via Small Claims Court So far as it stands I am the claimant who has been summoned by the defended for a Summary Judgment. · The defendant (Building management company )claims they are the wrong defendant, that there is no contractual relationship between me and the building management company (I am a paying Tennent and my landlord owns my apartment who pays a service charge to the building management company for the residential building where I live). Am I correct in say that there is still a relationship between me and the building management company ? Indirect if not directly. · The defendant claims that the concierge company is responsible for the loss of my parcel. However it’s the ground rent company who employs the concierge company, the building management company pays a fee to the ground rent company. the service charge is in place by the building management company which pays everyone’s wages. There is no direct relationship between me/landlord and the concierge company. · The defendant claim that no duty of care was owed to me and my financial loss was not their fault. I am very confused by this? · The defendant claim that if I do not withdraw back my claim they will seek £3000 plus vat in costs if I lose the claim · The defendant has stated that if I withdraw back my claim within the next few weeks they will not seek any cost and will wave off any costs up to date. I am very confused about this statement (surely if think that the case is invalid and has no success then its win win for them?) (why would they want to pay off the solicitor or to be out of pocket? I don’t get this. A) My parcel went missing in July 2017 all my correspondence via email and post has been with the building management company where they have acknowledged my correspondence and have been involved in this matter since. They have never up until I have received correspondence from the defence solicitor after failing to comply with the small claims court protocol and missed deadlines by them, that I have the wrong defendant, yet they have not explained this before or distanced themselves from this matter, or to point me in the direction of the concierge company. B) The building management company were able to furnish me with redacted post room logs showing entries of my parcel to comply with My subject access request and accepted the £10 fee, a postal cheque to the building management company. I mean if they had nothing to do with anything I wonder how they were able to get hold of the documents and to cash my cheque. Also I received correspondence via email by the building management company asking if I would like to receive the post room logs via email or post. I am so confused about this matter do I withdraw back my case or continue also making a request to the courts to add the concierge company to this case and to allow both the companies to fight this battle between them as to who own the responsibility of my loss parcel. Any help or advice will be appreciated
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Thank you Andy for your response. I shall await a response from the court. I appreciate your help and advice on this matter.
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Yes I have only by the defendants solicitor not by the courts.
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hi All, A little update on what has happened. I rang up the small claims court to enquire as to what the status is with my case. I was advised that the defendant have not filed a defence however have made an application for summary judgment strike out. My question is can the case be struck out without a hearing or would a hearing be the next step? Would I get a chance to file a defence to my claim before it gets struck out ?
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Does that mean they have filled for SJ and defence I am just so confused
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Yes it is day 34 today. I now they have submitted sj along with a witness statement with edits in place of a defence.
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Any advice on this please
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Well in the covering letter the defendant s solicitor has stated that they are requesting summary judgment strike out in place of the client (defendant) defence. I guess that is just an invalid submission to a defence.
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The application notice N244 is stating that the defendant is requesting a Summary Judgment stoke out ..... as the defendant claims I have no merit.
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Yes that makes better sense. I have only received a copy of the application notice N244 and a covering letter by the defendant solicitor via email. I have not received anything other than these documents. As far as I am aware the defendant had until end of tomorrow to submit a defence.
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Ok so will they have to put in a defence regards? Of summary judgment strike out. ?
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Hi I logged into to email account to block the sender, however again I received an email from the defendants solicitor today this afternoon. Claim that they have put in a defence to the court today to request for summary judgment strike out. The defendant stated on the form putting in a request for a summary judgment strike out because the claimant claim discloses no reasonable grounds for bringing the claim against the defendant and the claim has no real prospect of succeeding on the claim and there is no other compelling reason why the case should be disposed of trial “ I am really confused by this as they also are threatening to claim costs. It’s not a full defence. Can you kindly please advise me of what steps I should take, I am just confused as to why they are putting in a judgment strike out without filling a full defence. Any advice on this would be appreciated. Thank you.
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I don’t want to disclose dates as I want to hide my identity, henceforth I have changed dates around. But the defence have until tomorrow to file full defence.
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Well according to the Courts they have until tomorrow to submit documents.
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The building management company is responsible for day to day running/ maintenance etc of the building but do hire subcontractors. E.g the security company to provide a concierge service. No I did not agree nor reply to the solicitor s email. They missed the deadline and as the courts are running 5 days behind I kept enquiring with the courts if I should request a judgment by default. Which I did , The deadline was 1st October I placed/request a judgment by default on 7th However they sent an Acknowledgment of service on the 6 th so the judgment by default could not be processed. the solicitor sent me a threatening letter by email giving me less then 22 hours notice on the 8th. I have not acknowledged this email. They have until the 15th October to submit a defence. I am thinking the worst here. Could they request a summary/judgment strike out ? Instead of submitting a claim? Really confused as to what to do.
