mmoore
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I was in court this morning and the judge ruled in my favor. The interest rate was reduced from 8% to 2% but other than that I have been aware the expenses and costs. However, the judge also found the 2 defendants 50% responsible each which doesn't seem fair given the discussions in court. I am confident in public speaking and used to be outgoing, but I still found the court hearing to be daunting and stressful. I really appreciate having a sounding board to talk to about this, thanks all.
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An extract of the letter, I find it difficult to take anything they say without a large pinch of salt. They are claiming not to have received evidence, specifically a spreadsheet detailing the costs and expenses. In their evidence pack, they include an email from their solicitor which includes said figures. As the court date is only days away, 1st sept and with bank holiday and school holidays it will be difficult for me to juggle work commitments at the last minute to attend any mediation. Would the judge see this as unreasonable given they have had months to agree to mediation?
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I have received a letter from one of the defendants claiming that all parties need to contact court mediators so that a date can be booked. My understanding is that a defendant should appoint a 3rd part mediator, with only days to go it feels like it has been left to the last minute and possibly a delay tactic.
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I have received a statement from the other defendant today, hand posted which I presume is late as the deadline was 4:30 on Friday. The statement basically confirms the events that I had documented and ends with the statement "I believe the Second Defendant is wholly responsible for the delay to vacant possession."
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My documents were received by the court and both defendants in good time. Upon reviewing, I noticed an inadvertent error - a misprint of "May" instead of "June" on one of my points. I'm hopeful this minor oversight will not negatively impact the case. I have also received a statement from one of the defendants, as expected confirms their breach of contract. Interestingly, they seem to attribute the blame to both me and their removals firm, essentially deflecting responsibility They have made several claims are blatantly untrue, even to the point where one of their statements is contradicted by their own evidence. Additionally, they have included a copy of an email thread between our solicitors that, in essence, supports my assertion that they tried to avoid action. I hope this'll help to validate my case.
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I have not yet heard anything about mediation, and the deadline for sending documents to the court and defendants is Friday. I plan to send the documents by registered mail so that they will arrive on Wednesday. I have noted in my statement that I have agreed to mediation, but was not contacted and I understand that this is likely to be due to the courts being very busy.
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I've just received the N157 allocation and have been notified that the trial is scheduled for the 1st of August. It's somewhat surprising to me that a trial is necessary considering both parties have made admissions. I'm required to complete a payment of £346 in the early part of August. Additionally, I need to provide a statement along with relevant evidence by the 7th of July. It's been suggested that both parties should attempt to resolve the matter through negotiation, so perhaps I should kickstart this process now.
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I have received a copy of the DQ from 1 of the defendants today, it seems they waited until 2 mins to 4 on the last day to submit. Mrs Defendant seems to be clinging onto my pre action letter not being detailed enough in how I calculated the expenses and seems to hope that the whole thing will be thrown out soon a technicality. In reply to my pre action letter, Mrs Defendant "refused the claim", a few weeks later Mr Defendant asked for a more detailed breakdown and this was provided along with receipts. They do seem determined to drag this out as long as possible which is the opposite of what I would do given the interest is accumulating on a daily basis. PS. This site really is fascinating, I do wish I had the knowledge to help others too. I will make a small donation at some point as I have spent some time on here.