Hello my name is ***** ***** I will help you.
How much are you seeking to claim?
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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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?
I think you may have a case based on what you have said.
Unless the cupboard is on your land then it wont be yours.
They are in breach of contract, you had an implied right to use it, as you had already done so
Does that clarify?
You need to check your Deeds, you may not own it.
But the fact you have been using it, does not mean they can just take it awayDoes that clarify?
Then it could be implied you have use.
If its not on your Deeds its not yours.
But if you have been using the cupboard, it is implied (so not written), that it is yours to use
Does that assist?
1. Does that mean you think I have a good case?Yes
2. I don't have any paperwork confirming the cupboard is part of my property. The vendor told me verbally it was and gave me two sets of original keys. I have been using it for over 17 years which everyone has known about, does this make any difference?No. The managing agent must be acting on behalf of the directors who believe the cupboard does not belong to me. The deeds are unclear.3. Please can you clarify whether I need to prove the cupboard is mine? And if so how? The Cupboard will never be yours unless its on your Deeds - you have an implied right to use.4. What law did they breach when, unannounced they changed the locks and removed the items? Contract law5. Under what law would I sue for the clothes moth damage? Are they negligent for not attending to the moths and repairs for the damage to the bathroom when I reported and request it be attended to 6 months ago. Breach of contract and/or negligence6. As the managing agents plumber damaged the bathroom tiles and I have two identical bathrooms and the tiles are no longer available and I wish them to remain identical can I claim for both bathrooms?
1. Implied means not written. Implied can be by conduct or statute.
2a. No, negligence is common law. No act
2b. The agreement which has let you use the cupboard for some time. It is implied by law.
Not written is common law, that means it has developed over time but not an act of parliament
Does that clairfy?
99% of cases are not reported as they are by district judges. But the law implies if you have had use then you can ccj tinue using. I think you have a 50/50 chance.
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