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JimLawyer
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 6461
Experience:  Senior Associate Solicitor
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Assistant: How can I help? we signed on a thatched Detached

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Hi
Assistant: Hello. How can I help?
Customer: we signed on a thatched Detached Cottage in Cambridgeshire on 29 th June after being told that all works that were laid down in a pre contract letter was done ,signing took place in the agents office
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: on getting to the property nothing done so took keys straight back and made formal complaint the agent s and Landlord had still done nothing 3 weeks later so we filed court papers against the agents Sharman Quinney as 1 defendant and landlord Michael Camell
Assistant: Have you talked to a lawyer about this?
Customer: the retur
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: The defence is asking for to be thrown out as we did not state their full name of
Customer: replied 4 months ago.
basically they are asking for the case to be thrown out as holdings Ltd was not listed in the agents name
Customer: replied 4 months ago.
Can they do this in fact Sharman Quinney is part of Connells estate agents

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today. I am just reviewing your question.

They can do this due to a technicality and by alleging the court proceedings are defective.

The best way forwards would be to ask for their agreement to amend the claim form (amendments in general ought to be allowed, which is the court's view). If they refuse then you would need to make an application for permission to amend the claim form and statement of case.

The application is made using form N244 and paying a fee of £255 (payable to HMCTS). I attach the form to use and witness statement (and draft order). You would need to write to the defendant, ask for their agreement to amend the claim form within 7 days, failing which you will have to apply to the court and seek your costs of doing so.

I can check the application before you send it if you wish.

I hope this helps - if you can please click 5 stars at the top of your screen, I can answer follow up questions at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

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