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As you are aware there are currently three cases in progress through the magistrates court in ***
We realise that this will mean inconvenience and further costs to you and us also.
Due to our relocation and other matters, litigation (public liability and personal injury) has been delayed.
We do have a solicitors appointment on the afternoon of the 17th Dec 09 at which point we plan to launch claims for myself and ***. On initial discussions with the solicitor he has indicated a sum over $100,000 is not unreasonable compensation for what we have endured. This may take some time and further expense and of course you will be required to attend all of the court proceedings.
We would rather not have to re-live all of this unpleasantness.
We really just want to replace our damaged TV set, top box and stereo.
Are you willing to settle all of these matters out of court for a significantly lower sum?
We are happy to discuss this with you. I am sure we would all like an end to these matters.
In an effort to resolve matters without going through the court process any further, we are prepared to settle out of court for the sum of $5000 to put an end to all of these matters.
We really just want to replace our damaged TV set, top box and stereo.
we are prepared to settle out of court for the sum of $5000
WA Residential Tenancy Act court issues are heard in the Civil Court. I'm the owner. Although we have a property manager, the Magistrate has ordered that I appear before them for the trial. It is personal. They want my money. They're suing ME.with the info you have given it seems you have elected to engage in a personal battle with these people?
*&@(# .........yes!this all sounds as if it should have been nipped in the bud long ago?
We were originally breached for a mountain of things. We were then before the Magistrate & advised of a totally 'amended' breach. We're also going for the bond. The tenant applied to have it released to them. So that's 3 cases. The injury claims are separate from this again.is why if this is a claim for personal injury/public liability, albeit also now escalated into a bit more, 3 cases in the courts??
They are fully aware of everything that's been going on.They only intervene when there IS a claim. I haven't been ordered to do anything. I've had legal advice. For residential tenancy issues, you can't have legal representation unless both parties do, or it's agreed to. I have to be involved as I lived in the house prior to the tenant & I my husband & I are really the only people who can verify work done etc that relates to their claims.why is the insurance company not dealing with this matter?
Are you suggesting I pay them out to get rid of them? Paying them a cent for unjustified claims to me is equivalent to just handing anyone on the street $5000. Infact, I'd rather do that.Do you want out? Or want them.
Aint that the truth.If they had a case they would not make such a low offer
I'd be willing to bet that they don't. I would think that no solicitor would take them on on a "no win, no fee" basis, because they don't have a hope, and their actions suggest they're not paying for advice. I reckon there's no solicitor.My gut says that it is just a money grab. Maybe they don't even have a solicitor, since you can't get any details from them.
I could bet my kidney that they your tenants are completely full of S*&T!
Exactly. That's why I'm not responding at all, asked our property managers not to respond on our behalf and will deal with it at the trial on Thursday.
They KNOWI'm not negotiable & it is up to the court to decide what happens. We have NO CHOICE but to go to court on Thursday. It's an official trial. If I don't go, it's contempt & the Magistrate could favour their application. I'll use their latest fax / emails for strength if it comes up.what will that acheive? I m not one of those silence is powerful type of people.
Just be aware of the rules in that particular Court. My understanding is that offers to settle are generally inadmissible, though I may be mistaken.I'll use their latest fax / emails for strength if it comes up.
Kath, go see a psychiatrist and get a letter, claiming that tenant's behavior and constant hearing adjournments affected your mental health, gave you a depression and put you on a brink of suicide. then send it to court and also file a suit against the tenants for damages.