How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Remus2004 Your Own Question
Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70512
Experience:  Over 5 years in practice.
12826847
Type Your Property Law Question Here...
Remus2004 is online now

02/07/2015 08:50 I have now recieved a letter from the

Resolved Question:

02/07/2015 08:50 Hi I have now recieved a letter from the Judge and would like to know what it means.
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
Hi Jo. My landlady wouldn’t return my deposit for the house I rented so after months of messaging I contacted the Tenancy Deposit Scheme. I received a full refund. Then the agent decided to take me to court saying they hadn’t been able to upload their evidence to the Tenancy deposit scheme. This was the first time I had indirectly been presented with a bill of over £700. There were a few legitimate items I needed to pay for within the contract, like for cleaning the oven but I was never presented any bills. The landlady/agent appear to have fabricated a load of additional costs.
Please see attached Court Claim and Judgement letters. What does the Judgement mean?
Expert:  Remus2004 replied 2 years ago.
It suggests that the Court is concerned that the Claimant is a letting agency.
If it is then they may have no privity of contract and so be unable to sue. There are things they can do about that but they need to be done before they can issue.
Customer: replied 2 years ago.
Sorry I've been struggling to use the website. It appears to say that I can have the case set aside, varied or stayed. What does this mean? How should I respond?
Expert:  Remus2004 replied 2 years ago.
It only arises if they don't comply n
If they don't make an application to set aside.
Customer: replied 2 years ago.
I presume as it is the agency taking me to court whom I have no contract with that I can ask the court to dismiss the case? Or can the agency say he is claiming on behalf of the landlady? Will the court dismiss the case automatically when the agency confirms they are the agency?
Expert:  Remus2004 replied 2 years ago.
Have they complied with the order?
Customer: replied 2 years ago.
I don't know. I have only the two letters from the court and limited time to respond. I'm seeking advice as to what I should do. Can the agent say they act on behalf of the landlady? Or will the judge dismiss the claim. Do I need to do anything?
Expert:  Remus2004 replied 2 years ago.
It depends on the nature of their agreement with the landlord. They could say they are acting as his agent but they need to make that clear on the papers.
If they haven't complied then you can apply for it to be struck out.
The court will tell you whether they have or not.
Customer: replied 2 years ago.
So where it says a party affected may apply to the court within 7 days means from when they contact me next? Why is it not written in clear English?
Expert:  Remus2004 replied 2 years ago.
It is fairly clear. I'm not sure how it could be clearer.
Expert:  Remus2004 replied 2 years ago.
No, it means 7 days from the date of the order.
Customer: replied 2 years ago.
It says I can apply to have it put aside 7 days of service upon me. So is that 7 days from when I recieved it? In which case I don't have time to wait for the judge to tell me if he's complied. I need to apply to set aside straight away?
Expert:  Remus2004 replied 2 years ago.
Which was the 26th June? The date of the order.
Customer: replied 2 years ago.
I presume so. I think the letter arrived in the post 1st July.
Expert:  Remus2004 replied 2 years ago.
Best leave it until the 8th July then for absolute certainty. It is only three days now anyway.
Customer: replied 2 years ago.
But it says within 7 days of service. Doesn't that mean I have to apply asap?
Expert:  Remus2004 replied 2 years ago.
Actually point two isn't very clear.
If it was served on the 1st of July and they have until the 3rd to notify then it doesn't make any sense that you have to act within 7 days of receiving it.
However, it does say within. I think it means after the expiry of but that isn't what is says.
The other alternative is to apply and if that is not the meaning of the order it will be struck out but at least you will not be time barred.
Customer: replied 2 years ago.
I think the order was written 22 June by the judge. Written up 26 June and recieved in the post about 1 July. So presumably I have 7 days from 1 July??
I think I'll ask for it to be set aside then. Is that what I write?
Expert:  Remus2004 replied 2 years ago.
If that is right it doesn't make any sense that they were given until the 3rd to respond.
I would apply. The worst that will happen is that the court will refuse.
Customer: replied 2 years ago.
It's dated 22 June at the bottom and 26 June at the top a Friday. Probably posted Mon afternoon of 29 and arrived Wed 1st July. I'll hand deliver tomorrow stating I would like the case set aside.
Expert:  Remus2004 replied 2 years ago.
Yes, good idea.
Remus2004 and other Property Law Specialists are ready to help you