Court Claim From Ex Landlord ... A Very Worry Crook Type

[Sessie]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

Also,

If this is of interest for anyone going through the same thing:

The house mentioned previously here had been put back up for rent around 2 days after I posted keys
The photos on the estate agents website were old photos not showing the new front door I paid for
Then it was also advertised to rent by a second estate agent - this time with new pics
Both estate agents had it priced at different rents

Whilst looking through the estate agent website, I came across this rogue landlords other house, also up for rent. No pictures of inside, just outside. It said that the house would be available on 4 January.

So we drove past the house to see if it was empty, as my plan was to arrange a viewing with the estate agent and take photos, as I was aware that it was in a bad state of repair from a previous conversation with rogue landlord many months before. This was the house that I have mentioned in previous posts where he was joking about 'putting the frighteners' on the two women living there and he said they werent paying any rent at all.

So come morning of the 4th, we drove past and the house isnt empty. It had a christmas tree in window and it appeared that whoever was in there, wasnt going anywhere to have a tree up.

I rang estate agent, told a fib about my name and casually asked for a viewing, this is what she said:

'the house was supposed to be ready for today, however the landlord is having trouble evicting tenants. I said, evicting them? she said, yes, theyve been served notice but are refusing to go. Give us a ring in a week and we can let you know any updates then'. (I think the estate agent breached confidentiality there but who knows).

Anyway, later that evening after much discussion with partner, I braved it and knocked the door. I gently explained who I was and that I was having problems with this particular landlord. I left my partner in the car as I knew the tenants were female so I wanted to make sure they didnt feel uncomfortable. To my surprise, I was greeted warmly by a lovely woman and her adult daughter who asked me in. They told me to ask my partner in also and we sat down and I explained my situation first.

I told them, due to what I knew from rogue landlord my plan was to arrange a visit with the estate agent and take pics as further evidence of the type of properties this man rents out. However, on seeing that someone was occupying the house I guessed it was the same two ladies that he had happily boasted about threatening and I took a gamble to knock door and explain to them my troubles with him and also to let them know he had made plans to throw them out.

I was amazed .............. they had NO idea the house had been advertised for rent. My partner showed them the website and they couldnt believe it.

They wanted to tell us everything but asked us that it remained confidential as the Mum's nerves were so bad from this man. I agreed and I have to honour that.

The explained they had been through tough times and were in rent arrears, however they council were helping with housing benefit and Mum had just got a new job and daughter promoted and was hoping to catch up on the arrears. I believe this was their true intentions. Daughter wants to move out but is treading carefully as Mum's nerves are extremely bad and cannot take anymore stress.

They showed me around, I said there was no need, but Mum insisted as the state of the house was breaking her heart. Oh my god, I've never seen anything like it, it was covered in black mould. EVERYWHERE. By far worse than the one I had rented and that was uninhabitable. The wallpaper was covered in spores and hanging off walls and the kitchen was basically black.

They told us:
* They were in rent arrears but he was still receiving half of the rent from housing benefit and had proof of this as council paid him directly
* They had reported it to the estate agent managing property (interestingly, not the one it was advertised to rent with from the 4th) - and they had visited the property but nothing was done
* Environmental health had come out and just said, 'it's a single layer wall' and to speak to agent
* Rogue landlord had many times, previously been banging on their door between 9-00 - 11-00 pm at night and shouting through letter box
* They had received NO verbal notice, NO letter of eviction, NO section 21, NO section 8 - literally nothing. Nothing even about arrears except him coming to the house shouting through letterbox and banging door and one conversation in person promising that he would get issues with house sorted but that was months and months ago.
* They had like me paid, back in 2014, 6 mths up front rent and paid their bond. The bond was paid to the estate agent.
* They have had no gas safety check in last 12 months via estate agent

The house is beyond simple mould treatment. I dont know how these ladies arent ill.

Things arent adding up here, but I made a promise to them not to involve them in my case and I have to keep to that, however:
* How can he advertise a house that still has tenants in with an estate agent? taking into consideration that he hasnt given them any notice of any kind

* why isnt he formally chasing arrears? is this because he's in breach of something like not carrying out repairs?

* if both council and estate agents have seen the property why havent they enforced something to get him to carry out repairs - these ladies have asked and asked over the years

* If the property is managed by an estate agent, then in my experience, any issues like rent arrears would go through them i.e they'd be sending letters, but they havent

* On asking the ladies who manages the property - they actually dont know either

So, next day, separetely my partner and I rang estate agent where it was advertised, my partner was told by a chapa this time, that the property at moment was temporarily off the market by the landlord

I rang the estate agent it is supposed to be being managed by (but not advertised to rent with) and made up a story, I said I was interested in the property so I drove by. I note that it was advertised to rent from the 4th by another estate agent and as I presumed it would be empty I went to see it through window. I said there wasnt anyone in so I spoke to neighbour who said they think property was managed by yourselves (yes I know totally fibbing but I needed answers) ........... this estate agent said, no, the only property we have to rent on that road is further up (meaning my previous one). I said, that cant be true as it is listed available from 4th with another estate agent. .......... the lady went away and came back............she also lied ............she said, 'we do actually managed that property but it is 'NO LONGER' up for rent, it went a few weeks ago' ................. I said, it's definetely gone then? she reiterated, 'yes, it went to new tenants a few weeks ago'. ............. So she also lied, as there's no new tenants.

I havent spoken to the ladies with any of this at moment. Daughter is going to speak to shelter, bond schemes, cab, council and I've left hermy number if she wants to get in touch.

It would help my case if the court seen pictures of their house and looked into what this idiot is doing to people but unfortunately as I said Mum's nerves are too bad and she feels that at least she has a roof over her head albeit a stinking one. I can't knock them for that. I know daughter wants to fight him but she's thinking of her mum.

I just think something is very very fishy here, all the above and I know he's going to hit them with something, what I dont know. If the deposit isnt in a scheme he cant do a section 21. I think he cant do a section 8 because the court requires him to put in a lot of details of why he's evicting them, and while he can say they're in arrears, they can counteract that with the state of the house and how it's been reported over the years and nothing has been done, I think he knows he's locked in with this, but he's defintely trying to get them out and I think he is going to try the small claims route. I just dont understand what he thinks he could achieve by putting the house up for rent by a certain date with another agent yet have not served the tenants any type of notice.

Anyway - it's just more info on this man and maybe your better brains can see something I'm missing.

If my case has been thrown out, I swear I wont stop, especially after seeing the state of this house and this poor woman.

[Amethyst]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

Hiya Sessie

Your defence is perfectly fine, and the case will proceed as normal, it is just the counterclaim been struck out. I don't know why though You could call the court and ask if the judge has made any note of reasons for striking the counterclaim out. Possibly he feels it shouldn't be a counterclaim but a separate claim? or just part of the defence .... Goodness knows, but its off the judges own back, not any application made by the landlord.

On the N180, yes small claims track is fine.

[Sessie]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

Hi Amethyst !!!!!

How are you ? Did you have a nice Christmas & New Year? I hope so, you deserve it after all the help you gave me and others x

I have just sent the court an email asking if they could urgently respond on Monday but also I've reposted all the paperwork (remission form and evidence etc via signed post, this morning, in case they didnt receive it with Christmas etc). I've said I will ring them on Monday afternoon if I havent received email from them, in case it's not about paperwork, maybe something else, but I thought, resending the paperwork via signed post this time, if that is the problem, maybe they'll help or advise I have to apply to have it considered by judge

If it's not the remission fee and it's something else - what does that mean for my case? does it mean I can still go ahead and defend myself or is my case weaker now? what difference has this made to my case? Is there a less chance of me winning now or same? god this is confusing

I took a break from it over christmas before I cracked, it had a big affect on me, it's as if he's in my new home, it's horrible
Then after seeing these poor women, well, I'm lucky ........... Amethyst, the walls are thick in black mould. I wish theyd come in on my case as witnesses, selfishly it would strengthen my case I think ............but the woman's nerves are shot, I totally understand her burying her head, as she said, he's very intimadating. I know he's up to something with them, and they're going to get hurt, so I've told them I will support them if he brings a case on them and I've pointed them in Shelter's direction, as they were so good to me. You think you have it bad until you see other people ......... I do not understand the environmental health at council or estate agents, do they not have laws they have to abide by?

Thank you for responding, I'm calming down now ........... I feel you sit there, read my posts and say to yourself (or your hb) .......... Oh god, she's off again and roll your eyes :o) xxx
xxx

[Amethyst]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

I think its unlikely to be the fee tbh honey, he might have decided theres no cause of action ( until the defence has gone through) but we'll see. They aren't great at giving reasons, but we don't want to be making an application if we can help it so may as well ask the question of the court just in case there's some clue what's happened.

It shouldn't affect your defence at all so don't be worrying about that. Did you speak with Shelter again - I really don't know these rules on 3 x deposit back if it hasn't been protected - there is a landlord on the forum at the moment who is trying to deal with a court judgment where they've been ordered to pay that kind of sum for failing to protect deposit under the housing act.

I don't roll my eyes at all, I happen to think you're a pretty decent person

I think that would be a very good idea if the ladies do call Shelter for advice - it sounds like they have put up with some serious crap in that house, it does sound like you have had some affect at least as the house has been taken off the rental market

[Sessie]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

Youre so lovely - thank you Amethyst x
I have no idea how you're so patient with me - I get so nervous and I'm a stranger and I come on here for help and I am immediately calmed down - aside from the advice, I'm grateful for you saving my nerves ............ that's to everyone on here - Dynamite Advice from genuinely lovely people, wish I could give more appreciation x

These women in the other house have always been on my mind, as he boasted about 'having something up his sleeve in order to evict them'. I once asked him if tenants werent paying rent why was he not taking action, he was very guarded (this was right at the start, so I didnt know how dodgy a character he was then but I knew he was slimy and not happy that he was happily boasting about frightening people, women etc anyone) .... he wouldnt say anything except 'I cant do anything yet, I have to bide (?spelling) my time.

So when we accidentally came across the house for rent on net I just planned to make a visit with the estate agent and take pics as evidence (as he had previously told me it was in need of repairs and asked my partner if he knew a local builder). I thought the pics would reinforce my own case. But as it was still occupied on the 4th, when it was supposed to be empty, I presumed he hadnt got them out. My partner and I went for a coffee beforehand and spent ages talking about whether it was appropriate to knock door or not. I mean, these are two females, they were already having grief from this creep, I didnt want to scare them, but how do you knock a door as a stranger and get your point over quickly enough that you dont scare someone. So we agreed being male my partner should stay in car, and what I should say. It all worked out and I think the daughter is the strong one and pleased for the info even though it was a hard pill for them to swallow to see their home on net advertised for rent and they'd received no warning.

Shelter down here have been amazing, all the staff have wonderful patient attitudes (and me going on, well they need it), they're knowledgeable and get back to you when they say they will. I have emailed them saying if these ladies ring, then I am happy for them to discuss me with them if it will reinforce any case they have on him. I'd like to help them more but from their point of view, they're on very low money, they'd have no home if they pushed this further and now have a history of not paying all their rent. I really feel for them as my circumstances are very different. I've never been in a house like it, nor seen one, it needs demolishing. They had a lovely tree up, all decorated and both have jobs but low paid. I dont know anything about law but they know far less than me. It's worrying.

I dont think they really though understand this is a ticking thing with him, he's going to make his move soon, how I dont know, but he is. I've advised them firstly to check the bond schemes, if nothing there then speak to shelter and they can contact me. If the bond isnt there then he cant serve a section 21, but I think he cant serve a section 8 eviction notice because there's too much against him i.e house repairs etc

Im trying to find out if its illegal for him to have advertised the house to rent without giving the present tenants any notice at all, not even verbal but it's all a grey area

This man is really really bad

[Amethyst]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

Have you heard anything further?

[Sessie]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

Hi Everyone ! Hi Amethyst !!!!! :o)

Ok, firstly the 'struck out' thing - was about my remission fee .... they hadnt received the paperwork on time, possibly due to Christmas I dont know. I then sent it recorded delivery but they then said 'their' particular form wasnt included - they were very nice to me, so they emailed me the correct form and just said to complete it, it was only a quickl form and resend everything that I had initially sent - but the counterclaim was struck-out due to that - so although I havent heard anything yet, Im kind of relieved it was that and nothing else.

Secondly, this is where I am now - directions questionnaire along with the mediation form has been sent off and I'm now awaiting next stage - so I'm guessing that will be the results on the mediation thing if the other party agrees to it. If he doesnt, am I right in thinking this will then go to the hearing at a court or is there more forms ? ( oh noooo not more forms :o( (

ps am I allowed to start threads in the correct sections on the forum, which arent necessary ongoing problems, but more in the way of wanting people's opinions, knowledge, guidance etc, which would possibly be of help to others ? There's two threads, one's regarding a query over whether a Will is legitimate and the other completely separate, the NHS

xxxxx

[Amethyst]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

You start threads where you like Sessie xxxx

Glad it was just the forms and remission fee - glad you have go it sorted now - so are we just going forward on the defence now?

Mediation is a phone call with a third party mediator - you on one line, and you ex landlord on another both passing messages through the mediator ... basically its to see if either of you want to settle before the hearing.

There will be another document you have to write before the hearing - a Witness Statement , but no more annoying forms.

[charitynjw]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

Hi

http://www.hse.gov.uk/pubns/priced/l56.pdf

Gas Safety (Installation and Use) Regulations 1998: Approved Code of Practice

Regulation 36 Duties of landlords

(Page 67)

Actual Regulations http://www.legislation.gov.uk/uksi/1.../contents/made

Duty of landlords http://www.legislation.gov.uk/uksi/1...lation/36/made

[Sessie]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

Oh more paperwork ...............................:tinysmile_grin_t:

I think mediation was the only bit I understood of this entire thing - I understand I and the claimant don't talk directly - so so glad because I think I'd put my hand down the phone at him ................... but do you know if 1. we're spoken to on same day and 2. If agreed, is it wrapped up on same day?

So if mediation doesnt work, it goes to the Defense part (is that the same as the Witness bit?)?
Is this the section I submit 'all' my evidence or to I hold some bits back in case it goes to a hearing at the court?

I'm worried if I give too much too early to this slimy slippery greaseball, he'll have time to wangle out of it

I've not reported him for the gas safety as yet, as the fine is heftier than what I've put in my counterclaim - I've not done it so I can use it in the mediation. If he doesn't want to go for mediation or wont agree I'll report him immediately. Part of my mediation was to say, I will not report him for this lack of gas safety check as long as he provides a copy to the court/me within 'x' days (note: he's currently having work being done on the house, I have driven past and the builders are in and it's been going on for weeks. I think one of the estate agents must have said you wont get anyone to rent it in this state/or we'll get into trouble renting it in this state, and they'll be making him get a gas check prior to renting it's more than their business is worth. But nevertheless, he rented to me privately and didnt have one carried out). So, I'm holding back on it now as part of my mediation, I feel that if he doesnt go for it, I'll report him immediately and it will weigh heavy against him in court.

What I'm concerned about is, if it's mentioned in mediation and he declines, he may be able to ring health and safety exc or gas safe and swindle something .......... or swindle something anyway, he's that type. Both bodies have reassured me he cant. They say it's more than the plumbers job would be worth and it would be criminal. But I know this chap, and he seems to swindle and get away with anything he wants.

Any thoughts?

[Sessie]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

Hi Charity NJW

Thanks so much for this
Let me know what you think about my last comment regarding the gas / mediation thing
Im basically (unless people on here say different) saying to him, I wont report him for the lack of gas safety check therefore he'll be avoiding
a hefty fine. However, only on the basis that he gets one done immediately and provides proof of this within x amount of days

If anyone disagrees let me know. I cant just let it go because noone was hurt this time, so that's why I'm saying, luckily noone was hurt this time but you have to provide proof 'now' that you have carried one out .......... so I know that I havent let him off, just so someone else will possibly get hurt

Dont mind anyone's thoughts .... appreciated x

[charitynjw]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

http://www.hse.gov.uk/pubns/indg285.pdf

As you can see, it's the HSE who oversee things.

[Sessie]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

Hello Again Everyone !

Firstly - hope everyone on Legal Beagles is well, enjoying weather and no matter what is going on, a word from the wise, dont waste your nerves worrying about it, just tell the truth because whether it goes in your favour or not, at least you know you have a clear conscience ......... a big virtual hug to everyone on here, especially those worried about things

Apologies I havent been on here updating this thread for a while, but it's dragged out and I've had nothing to report until now. It's all been rather odd.

So, I had the Direction's Questionnaire through - did that. Opted for Mediation, posted that. All sent back my end on same day I received paperwork.

Time went on. No contact from court regarding mediation or hearing dates etc, nothing. So I rang Mediation service who were very very helpful. They had contacted Claimant ........ the oh so brave, bully boy who said so boldly 'SEE YOU IN COURT .. LOVE ! ' ...... Ok I said (well what else could I say :o)) .......... Claimant also agreed to go to mediation. Mediation kindly rang me back to say that he had agreed this and would be sending through his available dates via email to them. I had already given them my dates.

Time went on again. Nothing on mediation. BUT a letter came through to me saying that a Hearing Date had been set for 26 April at my local court for 2pm. It also advised that the 'CLAIMANT' pay his court fees of 335-00 by 3 March. I rang Mediation again to ask if they had heard from Claimant about his available dates. No they replied. So they were going to chase him that day. They again kindly rang me back to advise me that they couldnt get hold of him but would keep trying. They rang back following day to say he had agreed to Monday 21 Mar (today) for 1030am. Great ok I said, I'm good for that. I wanted mediation, I thought 'wonderful, maybe this can finally be put to rest'.

Rewind, back to last week, here's where it all begins to get complicated......make a coffee, look at a calendar and I wont blame you for throwing it at the wall and giving up trying to understand what has gone on and why, here we go:

* Letter detailing court date for 26 April stated 'all paperwork by both parties should reach all involved by 23 March (this Wednesday)
* Court Date - 26 April
* No Mediation Date - but phonecall from mediation confirmed it set for today 1030am
* Claimants Court fees to be paid no later than - 3 March or case would be 'struck out' automatically

So after receiving letter, whilst chasing court and mediation service about claimants mediation dates and if he wanted to go to mediation at all, I asked if he had paid his court fees, which I was told I had a fee remission so I was ok. They advised me that NO he had not paid. However, they had sent him a letter (this too gets complicated), they sent him a letter saying 'as per order of 8 March please make payment of 335-00 or the case would be struck out automatically' (possibly not exact wording but this is what court clerk told me and I jotted down). I said, ok so he's had an extension to pay? yes he said. Give us a call in next two days and we can advise you if he's paid. I said, what if he hasnt? He said, then the case will automatically be struck out. I said, ok, but what about me? are you telling me I've been through hell and back for nothing? he's allowed to do this to a person? He's made accusations against me, all of which I can prove untrue and he's lied to a court.... As much as the clerk was nice, I appreciate he had to remain impartial and said, I am sorry, yes he can do this but it's very unusual to find a claimant walking away, it's usually the defendant who gives in. Nevertheless he said, ring us in a day or so.

So I ring last Wednesday......hadnt paid..........Thursday.......hadnt paid........Friday morning comes and I'm ringing both mediation and court who both know nothing. I explained my concerns. I said I have no idea what is happening, The mediation date is set for this coming Monday, all paperwork has to be with all parties by Wednesday, he hasnt paid, I've been told that should he not pay now by the 15th March then the case will be struck out. It is now the 18th March and no payment. No-one is telling me if this case is struck out, if mediation goes ahead and all staff are telling me different and so are mediation. After non-stop phone calls, I am then emailed by the Court advising me to put everything in writing. I rang and said, I've just had an email from you........put what in writing???

After much going on / off the phone to his colleagues, he said, please put in writing that you wish (if you want) to continue with the case and that you have found out the Claimant has not paid his fees, you've been told Mediation cannot go ahead without him paying his fees and you ask that the Court advises you as soon as possible what is going on (so I am to do all this, even though they know all this, I'm to email the obvious...geez).........ok, so I emailed.

I then have a reply from the Court as follows:

"Thank you for your email. The Judge has now had an opportunity to consider the email and has asked me to write to you with the following comments:"

"Please leave in list for direction on the Counterclaim with a time estimate of 20 minutes. If you wish to continue on a counterclaim, you will have to pay a fee, but may be entitled to fee exemption".

"If you have any queries regarding any costs, please contact us".

So I ring the Court immediately to make sure I know what I am doing and this is what they have said:
* They are not entirely sure what all this means. They have to remain impartial (I know that, you keep saying!)
* I am to prepare for the hearing as I would in normal circumstances
* I initially had a fee remission but that was for the first bit (????) so I have to apply again to get remission for the Hearing part
* I am to send paperwork to the Claimant by Wednesday and to my local Court if I wish to carry on with the case
* They do not know and cannot tell me what the Judge is planning to do, whether he will just look at the counterclaim and rule or the entire case as they are clerks and not versed in this (so I have no idea what is going to happen)
* The Claimants case has now definetely been 'struck out'
* I asked could he attend court - yes he can, as it's an open court for anyone
* I asked could he attend court and defend himself - of which I had 2 answers, 1. I'm not entirely sure, because if you are to send him the paperwork and he wants to defend himself then I think he probably can if he pays the fee ....... I then say, but how can he do this, if he has not sent me any paperwork, he's made accusations against me, surely he cant just waltz in, defend himself, pay the fee on that date because how could the Judge rule in his favour (not that I could see that happening) without him preparing paperwork also ....... answer 2. You're right, I'm sorry I really dont know, all I can say is I have to remain impartial, I'm not trained in law and I've been told to tell you to prepare the case as you normally would ready for the 26 April if you indeed want to go ahead with your counterclaim

So this is where I am now:
* Sat at pc putting all my evidence together and in order as I would ready to drop to the court on Wednesday and pop in the post to the Claimant by end of the day today.

* I have no idea what they mean when they say - prepare all the paperwork evidence as you would normally if going to court, but the hearing is now to be decided on whether it will go on the counterclaim alone (I dont know what this means)

* I am clear on what paperwork I need to get together, I did most of it months ago so it's just collating and updating now. But, I'm not clear on what this means as far as his defense goes and no-one's able to tell me either. I cant see how he can defend himself if he's provided no paperwork. Also, his case is definetely struck out. He has now a history of not getting back to the Court and Mediation and non-payments, are they going to keep giving him chances?

* So after all this worry - the coward backed off. He thinks he's wasted just that initial 185-00 in the beginning to take me to court, and has no idea I'm carrying on with it. I guess he'll know when he get my paperwork then.

* I have to carry on, as much as 1. I know I wont lose this case as I havent lied and he's broken the law and indeed probably p**d the court off wasting their time but I am realistic that he's a swindler and I wont get any money from it / him even if it's ruled in my favour....2. Out of principle, I have to carry on, I was accused of things I didnt do, I have to go and give my evidence that I have never lied 3. He has caused me months of worry and bad nerves, I may not get anything from him but I am not letting him get away with this, even if it's only clearing my name

I wont back down from this case, but if anyone wants to comment or suggest anything or have seen a case like this before, any advice will be appreciated. The clerks have said they find this an unusual case, a Claimant never usually does a runner

So, my point in telling all of this as boring as I know it is, is to help anyone going through something similar, to please, try not to worry like I did, hold your own, stand your ground, tell the truth even if you made a mistake, tell the truth, dont let people drag you down and the best advice I can give you, is to take the advice off people who know better, the great people on legal beagles xxxx

[Sessie]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

I'm putting together now all my evidence - I'm presuming this is called my 'witness statements'?
I've put in another fee remission form, as the two clerks at the court are disagreeing, one is saying it's fine I dont have to pay as I was granted the remission but the other is saying no that was only for the first part, I have to apply again now for remission for the hearing fee

It's all very complicated

xxx

[Sessie]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

Unbeliveble - I'll write this update in short:

Deadline for all parties to present all paperwork to each other including to the court - 23 March - no paperwork received by claimant (who at this point, see previous post, has now been turned into the defendant based on the fact he missed, not just one fee deadline, but 2 !!!!! and his case was therefore struck out. The case was ordered by the Judge on the 17 to still go ahead for directions on the 26 April on my (defendant - now claimant) counterclaim

Claimant missed 2 order for hearing fees - non-payment

Due to Claimant's non payment - 'his case' (as above) was struck out

Case as of 17 March was ordered by Judge to go ahead on my counterclaim

Claimant then became Defendant, I the Defendant was now the Claimant in the case

ALL paperwork to be presented to the court, one another by deadline of 23 March

Mediation (as above - long story) - I (defendant at time) agree to Mediation. I sent paperwork off straight away

No answer from Claimant regarding Mediation, I had to chase Mediation continually to see what was going on and they in turn had to chase Claimant, unsuccessfully many times. Eventually getting hold of him. He agreed to mediation.

Mediation Date - 1030 - Monday 21 March

Claimants hearing fees to be paid by 3 March - CLAIMANT FAILED TO PAY

Claimant was sent an order to pay again as of 8 March (order dated) he was given until 15 March - CLAIMANT AGAIN FAILED TO PAY

I, defendant at time, rang Court every day the week prior to mediation to see if claimant had paid fees, as I was told mediation would not go ahead without his payment. Did not pay by 15. I was told if he paid by 16 they would give him 'Grace' (not fair, what's the point in deadlines????)
Had not paid by 17. I had an email then from court asking me to email them (??? didnt get why I had to do this) - in which I was to ask 'what was happening as claimant hadnt paid' ........... I was told this email would then be passed to a judge who would make a decision, next day, I had an email saying case was struck out and case would go ahead on my counterclaim as detailed above.

Not knowing what all this meant I then rang court to ask, I was told:
* As claimant failed to pay by both TWO deadlines - his case was struck out
* He was now the defendant in the case and I was automatically THE CLAIMANT
* I was told he, now the defendant still had to provide the witness statments to me and the court by the original date of 23 (wednesday just gone) ......... I spoke to court Monday and said - I had posted my paperwork to him but I had received nothing. Clerk advised that if I received nothing by the 23 then to please email the court. She also said that if he did not provide court with paperwork on the 23 also then he 'wouldnt' be able to defend his case on the 26 April
* Mediation was cancelled on the Friday prior to Monday 21 by the court due to his failure of payment and the case being struck out
* I was advised that should I want to continue to the hearing (which I did) then I was to provide the court with my witness statements by said order of 23 March

Ok, so all simple - yes? he failed to pay twice ....... he did not contact mediation at all to say he was not going through with it - he also did not send me paperwork by the 23 March - so I'm naively thinking, as above, case going ahead, I'm now claimant ......... oh no. Dont be stupid - deadlines means diddly squat - they dont apply. Orders surely are something to be frightened of, I mean it is written in bold, and it's from the court, one should indeed comply and shudder at the thought of missing the deadline ................ ahh fear not the slimy rogue lying b*st*rd of a landlord scum - you can do what you want, when you want - the rules only apply to the small person like me, rules dont apply to you, why should they? you have tons of money and you're great at lying - a wonderful talent, I was not born with

So Tuesday evening comes - I receive an email from the court:
* Original Claimant - has now paid today of 21 March court fee of 355-00
* Case has been reinstated
* I am now the defendant again
* He applied for it to be reinstated, get this .......... on 'insufficient time to pay fee' (he only had from the 18 February, plus email reminders and two extra letters requiring payment in form of orders .............on speaking to the court staff, he had told them that 'he did not realise that he had to make payment before mediation' ........... of course not. All the reminders meant nothing.
* So even though he had a history of not complying basically with anything, wasted both my time, and mediations and court letters - he can merrily waltz back in, pay the fee and the judge says - never mind sonny, you've paid now - well done, dont worry about anything, you're now the big claimant again
* Paperwork now has a deadline of 31 april - albeit I met my deadline of 23 March - he's been given extra time

So, seems to me that the court, it's orders, it's deadlines are all a farce, at the end of the day, in the court clerks words ........... even though he failed on everything, if he presents them with money AND an application for reinstatement ......... THEY CANNOT REFUSE. THEY HAVE NO CHOICE. HE GETS TO DO WHAT HE WANTS.

So, even though I paid this man everything for 6 mths upfront, rent, bond, ctax - they house was uninhabitable and I never stayed there one day - he didnt put my bond in a scheme, he didnt supply me with any gas check at any point, I was not given any receipts for my payments (although thank got I have bank receipts and papertrails), he lied on his very vague 'particulars' ............. he still gets to do what he likes, when he likes. WIth no care in the world, while it's taken a year out of my life and is still not going away, while I'm still meeting dealines, obeying by all court rules...................................he'll probably win the case too - why not, doesnt matter he's done everything illegal - who cares???? he's not lost as yet

In all fairness to both mediation and court clerk, they have to remain strictly impartial but they were extremely supportive and as much as they could do, they both agreed it was so unfair.

So, anyone know why courts have rules, deadlines, deadline orders in bold - if ............... nothing can be refused. Money talks, pay the fee even though it's a month late with several reminders and no paperwork sent to court or defendant - all is forgiven. Is there actually any point in court rules ??????????? Im in total disbelief

I've resigned myself to the fact no matter what, truth, being on time, dancing on my head ......... he's winning, the lying sliming slumlord will win ......... but in his defence he did once say to me that he has everyone in his pocket in high places in the town and he can always 'get things sorted'

Think I'm losing hey?

x