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SS Legal Advisor
SS Legal Advisor, Advocate
Category: Law
Satisfied Customers: 916
Experience:  Senior Caseworker at DL Solicitors
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Are you able to help me in relation to a Court summons for

Customer Question

Hi, are you able to help me in relation to a Court summons for rent arrears please?
JA: Where are you? It matters because laws vary by location.
Customer: I live in Audenshaw, Manchester M34
JA: What steps have you taken so far?
Customer: I received a Court Summons for rent arrears. I tried to get legal advise to file a defence to dispute the amount being claimed and I had not received a letter of claim. I eventually spoke with a friend who is qualified who said she would help. All the details went over to her weeks ago and she has only recently told me that she cannot do it due to personal issues. It would seem that the Claimant has applied for Judgment, but the amount is incorrect being claim. I do not know what to do.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 12 days ago.
Category: Law
Customer: replied 12 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 12 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  SS Legal Advisor replied 12 days ago.
Hello,
I am an experienced legal advisor and I am happy to answer your question.The defence form is a form for you to complete and return to the court. It allows you to:give the court an explanation of your situationprovide reasons why you should be allowed to staysay that information from the landlord is wrongReturn the form within 14 days if you want to defend the claim. Your completed form helps the court decide whether or not to make a possession order.Even if you don't reply during this time, you can usually explain your situation to the court at the hearing.It appears that you wish to dispute the amount, you can do so by putting it in the defence form and submitting it.If you however agree there is an amount outstanding then the landlord has the right to seek a court order, you can elect to negotiate with the landlord at this stage and they may be willing to withdraw their application to the court.Kind regards
S
Customer: replied 12 days ago.
Can someone please contact me by phone to discuss this matter please.
Customer: replied 12 days ago.
The estate agents who issued the court summons have initially failed to comply with the CPR as no letter of claim was issued. The amount claimed is also in dispute. A defence has not been entered as previously explained and the estate agents have now applied to the Court for judgment. I am going to contact the Court to find out whether a judgment has been granted, but if it has not, then I need help with compiling a defence. If judgment has been entered, then I need help for it to be set aside.
Customer: replied 12 days ago.
I am also getting a message to update payment info. Why, as payment has gone out of my account.
Expert:  SS Legal Advisor replied 12 days ago.
Thank you for the additional information.The system is not letting me offer you a call.I am an independent expert so we do not have any control over payment, please do contact customer for a refund if one is applicable.My suggestion would be to file a defence as soon as possible, however short it may be. You are a litigant in person as such the court will give you some leeway in your submissions.Kind regards
S
Customer: replied 12 days ago.
Are you able to help with the wording of a defence?
Expert:  SS Legal Advisor replied 12 days ago.
I would be happy to read over a draft that you prepare.
Customer: replied 12 days ago.
I have no idea where to start. I know I need to mention that I dispute the amount claimed for, but in relation to the non compliance of the CPR ie not issuing a letter of claim, what do I say? How does not being provided with a letter of claim affect the case?
Customer: replied 12 days ago.
Expert:  SS Legal Advisor replied 12 days ago.
Apologies,I had a short hearing to attend.You should have received a defence form such as the link below.https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958303/n11r-eng.pdfThis should make it simpler to file your defence.Did you not receive it?Kind regards
S