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 Jamie-Law Your Own Question
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 7014
Experience:  Solicitor
Type Your Property Law Question Here...
Jamie-Law is online now

Dear Expert, I need some final help before my hearing. My

This answer was rated:

Dear Expert,
I need some final help before my hearing.
My situation briefly:
I started legal action against my ex Landlord (Agency);
1. Unfair Trading
2.Breach of quiet enjoyment
3.Failure to comply with tenancy deposit protection rules
(8 issues all together)
I tried to do everything to avoid the final hearing (lot of letters/email, Before action letter, moderator etc) but the agency's solicitor wanted this hearing because:
"...the claim is incoherent and makes no sense.The particulars of claim do not set out any detail as to the allegations against the Defendants save for numerous on-line entries that do nothing to advance the Claimant's claim. The particulars of claim do not explain how or why the Defendants are liable in the manner pleaded, or at all,or why the Claimant believes they are entitled to recover to recover the sums claimed. the particulars of claim fail to properly set out the basis of a claim as is required under CPRr16.4(a)."
They want to dismiss my claim and pay the solicitor's fee as well.I am not a lawyer but tried to fill the claim properly (I made a lot of research etc) and the Before action letter is detailed.
My question:
What can I do to win this case?

Hello my name is ***** ***** I will help you with this.

Have they applied to the Court to strike out?

Customer: replied 4 months ago.
Hello Jamie,Yes, they did.

Ok - what did the Court order?

Did you plead each head of claim when you submitted the claim form?

Customer: replied 4 months ago.
Last letter from the Court:
Notice of Hearing of Application
" The hearing of the defendant's application to strike out claim will take place........"
That is all.
Yes, I did but I can take pictures of my claim if it helps you.
Customer: replied 4 months ago.
Is everything okay Jamie?
I have been waiting for your reply.
Let me know, please if there is anything I can do for you or if you do not wish to deal with my case.

Sorry I was just on the train.

Did you plead each head of loss on the particulars?

Customer: replied 4 months ago.
I did.
The section 'Particulars of Claim' is 4 pages long: 1 about issues and 3 about evidences.
Maybe the first page is not detailed enough as I did not find any guide about the form at all but the 'Before action' letter is very detailed.
1st page:
" I. Unfair Trading
- construction work without notice
-1,2 hours delay on the check out day
II. Breach of Quiet Enjoyment
-undiscussed construction work
-unrepaired heaters
-viewers I was uninformed of
III. Failure To Comply With Tenancy Deposit Protection Rules
-unsigned deposit protection certificate
-withheld deposit
-deduction from deposit without agreement"

Ok - have you filed a statement in response?
What is the value of the claim?

Customer: replied 4 months ago.
No, I did not. I got their application for strike out my claim (N244) with the hearing notice, so I had no chance to do anything.
The value: 4,839.62

ok. I assume it hasn’t be allocated to track?

Customer: replied 4 months ago.
What do you mean?

did you get a document saying it has been allocated?

Customer: replied 4 months ago.
I think so. I am at work at the moment, I will check it later.
The small claim centre transferred my case to a local court. My hearing will be place where I live.

If it has been allocated If it is struck out they do not get costs as it is a small claim.

If it had not been allocated and it is struck out, they do get costs.

But they would have to show that the claim is hopeless. Based on what you have provided I think you will be ok.

Your claim has merit.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 4 months ago.
I am fine now, thank you for your help.
I have a well organized folder with the evidences. Will this be enough according to your oppinion?