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Hello Nadim my name is ***** ***** I will help you with this.
How long is your contract for, the fixed term please?
Are there any ongoing issues?
You said that there was a pest problem, but this was resolved, or is it still ongoing?
my contract was in fact for 2 years with 1 year break. I have been serviced notice though. and will evicted as of the 12th of April
the pest issue has not been resolved and has been ongoing since before summer14'
I have tried to be very accomodating and tried to meet the landlord half way on many occasions, but he keeps standing still and the property management agency is refusing to advice me properly
ok - so you want to move anyway
But you want to claim for loss and damage?
Given the problems you can move straight away
Then I will outline the process to make a claim for the losses you have suffered
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then 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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
That is very reassuring to hear. Based on your expertise, what would be my best stance on this? Moreover, what are the chances that i will in fact walk away case in my favour? What should i consider to ensure that i hold the upper hand?
I think based on what you have said, you have a decent chance of winning.
But you should be aware if there is a problem the longer you stay the more it is considered you have accepted the problem
Does that help?
Thank you.One final question. What should i word/add in the formal request for refund? brand, garment, price, image, etc?
You should set out the losses and detail what you have lost and what it will cost to replace.
Clearly if something is 10 years old you can't claim for a brand new one
But anything less than a year old could be asked for new
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