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I'm about to file an application to adjourn the date of a…

I'm about to file an...
I'm about to file an application to adjourn the date of a preliminary hearing regarding a flea infestation claim I'm defending. whilst filing the application I also would like to present my defense case.In short, the new owner of the property I sold in which I lived in until the date of legal exchange has filed a claim that the property was infested with fleas and wants me to pay towards to fees to exterminate the infestation. The day I vacated the house I had someone clean up the whole house so that the new owners would have a clean house. I was aware at the date of legal exchange the buyers wouldn't be moving immediately as they were on holiday, so I was told.Legal exchanged happened on July 31st and on September 6th my solicitor contacted me stating that they received correspondence from the buyer stating that upon taking occupation of the property they found that there was a flea infestation. That's a little more than a month since legal exchange. I've been advised that legally the buyers bought at own risk, therefore, I would not necessarily be liable.The buyer has visited the property twice whilst the sale of the house was in progress and would have seen how clean the property was so I was appalled to be reading such allegations. I also would like to point bring to the court's attention that claimant response to my reply was very rude and disrespectful.I have 3 letter from witnesses who are supporting me outlining the facts that at no time been at the property have they seen or been affected by fleas.What would be the best way to present this to the court?Thanks
Franky
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Answered in 6 minutes by:
11/15/2017
Jamie-Law
Jamie-Law, Solicitor
Category: UK Property Law
Satisfied Customers: 7,283
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Hello my name is ***** ***** I will help you with this.

What is the preliminary hearing for?
What stage are proceedings?

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Customer reply replied 7 months ago
Hi Jamie,The letter says it's a preliminary which will take an estimated 30min during when the claimant must bring evidence of the infestation including dates and costs of remedying.This will be the first court attendance.Thanks
Franky

Ok. This is not a trial then.

You can apply to adjourn but you need a good reason.

You do this by completing form N244:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n244-eng.pdf

As for the evidence, you can file and serve evidence 3 days before the hearing.

But dont forget, this first hearing isnt a trial, it sounds like the Judge just wants to see if there is evidence at all.

If not, then there is no claim.

Can I clarify anything for you about this today please?

If not I would appreciate a 5 star rating for my answer. Thanks!

Jamie-Law
Jamie-Law, Solicitor
Category: UK Property Law
Satisfied Customers: 7,283
Experience: Solicitor
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Jamie-Law and 87 other UK Property Law Specialists are ready to help you
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Customer reply replied 7 months ago
Is it advisable to wait before submitting my defence case until the preliminary hearing has been held?
Customer reply replied 7 months ago
Phone number is *****
Thanks

I will call shortly.

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