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Is this not a breach of my human rights to sell my own flat without being deliberatly obstructed?
What action is the best route for compensation?
why is it taking so long to get an answer?
Sorry I was at Court for a very long time.
There is no breach of a human right here
You can only claim human rights against public bodies, such as the Government, Government Department or Council etc
You dont have any human rights from another individual or non public body business.
However if you are going to sell the flat and get the same price, all you can claim for is the difference and losses because of this, ie the extra interest paid on any mortgage.
You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not pay you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
the estate agents at the time were going to charge me 0.5% commission to sell my flat and now they want to charge me 1.75 to sell the same flat as the market has now changed can i claim for this also?
Yes you can.
This is an additional cost.
You may have to show that the sale was very likely to complete, rather than just speculative
Does that help?
my mortgage payments are interest only and I've made around 6 monthly payments since this time i have rented my flat out over the last 4 months so does this mean i can claim for the unrented time only?
Yes it does. You can only claim for actual losses as a direct result. You can't double cliam
are there emotional damages i.e. stress caused i can claim for?
You need to be careful for that. You are going beyond the realm of a small claim.
To give you an idea, I was in Court yesterday when someone had suffered 3 years distress, but they only got £3000
Can I clarify anything else for you?
the lady in question is taking me to court based on me not paying her £500 towards the communal carpet and for the stress of that has asked in the court papers for me to pay £2000 compensation for this and she will donate this to charity...she fails to see she has instigated the vitriol between us both and admits to being the sole cause and deliberately sabotaging my flat sale. i have this as evidence from her email to me...how will the courts most likely view this and her request for compensation?
i plan to to counter her claim
Although that is a separate question I am happy to help. She can't justify £2000, the Court is likely to dismiss this part of the claim
Can I clarify anything else?
i have a witness statement from the estate agents who clarifies she made it impossible to sell as she would come out into the communal area and start being offensive to him and the viewers with her admission by email would this amount to a very strong case against her?
Lawyers dont use the word very strong, but litigation is never certain. But on balance you have a claim
Great. Is there anything else I can help with today?
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