Tweet
Hi everyone,
I am new on here but desperate for some help and advice. Any advice or assistance you can give would be so appreciated. I am so stressed and tearing my hair out.
I'll try and summarise a difficult issue as best I can but I apologise that this may be a little long.
In October 2017 I fled my former home because my sleazy, offensive monster of a landlord threatened to physically and sexually assault me.
I involved the police and on their recommendation I fled to a women's refuge
I fled in a hurry and did not have access to a vehicle so I left most of my belongings behind.
I returned at a later date to collect my things. Initially the police were present; but former landlord reassured them that all was harmonious and they left.
The landlord retained most of my belongings and destroyed the remainder.
The landlord received a harassment warning notice 3 days prior to me collecting my possessions.
A date specified by him.
I had photographs of all of the damaged belongings including a box which he had written "bye slut" on.
He used to use that word to address me even when I repeatedly asked him not to. I have text messages as evidence of this.
The police were generally extremely unhelpful, I pushed and pushed them to press charges of criminal damage. I even took it to Inspector level and they continually stated that there wasn't enough evidence to suggest it was him because there were other people in/out the house.
So as soon as I was able to I took civil action in the money claims centre to recover the cost of my belongings.
The papers were served on him on the 21st March 2018. Throughout the entire process he failed to provide any response. Judgement was entered against him on the 3rd May and I then started enforcement.
The courts were very slow, inefficient and difficult to deal with and the cc enforcement officers were very poor.
The process was difficult and complicated, but I navigated the entire process myself and dealt with all of the forms and paperwork, I sought help or advice when it was necessary and frequently rang the court.
Just 3 days prior to the hearing, I was informed that the Defendant had requested a hearing to set aside the judgement.
The hearing was listed for the 25th July.
The paperwork I received stated that the hearing would be held at the money claims centre in Manchester, some 150+ miles away. I therefore telephoned the court and confirmed that in fact the hearing was at the local court.
The defendant failed to turn up. He did not contact thr court in any way. Not a call, no email, nothing.
The Judge therefore made an order in his absence stating that no future applications can be made and denying that the judgement is set aside.
I then commenced enforcement again. I had requested a writ of control and instructed high court enforcement now try to enforce it
Then another letter again with very short notice staying that another set aside hearing was to take place.
Apparently the defendant took advantage of the admin error made by the court and requested another hearing.
so another one was scheduled for last week.
I had very little time to prepare for or to react to thid new development and in fact did not receive the defendants statement until the day before the hearing.
I sent a couple of emails to the court before the hearing with essential evidence in the form of photos of damaged items, abusive text messages and confirmation of the pin harassment notice that I obtsinrr from the police.
I had tons of evidence which tore his defence statement to shreds.
However the judge failed to listen, failed to show any
understanding or ackowldgement of how anxious I wss and how stressful the process has been.
He failed to accede to the defendants appalling behavior and evidently didn't give a damn.
He stated that the Defendant was not allowed much time to prepare for the hearing or to make a call. He failed to even concede that I received exactly the same paperwork with the exact same timescales.
I tried to say that the Defendant had since March to contest the action at any time and he is making a mockery of me and the court but the judge was so ignorant and dismissive it was staggering.
The result was that he set aside the judgement and the order made on the 25th July and ordered the Defendant to produce another defense statement.
why this is needed is beyond me....the last one was full of glaring inconsistencies and lies.
I am really upset and furious and I am attempting to produce an appeal against the judge's decision.
I have already lodged a formal complaint against the court.
The appeal paperwork is extremely complicated and I feel that I am a little out of my depth though. Any support, advice or help would be appreciated so much.
I just want an end to all this and some closure.
Please help. Thank you for reading.
I am new on here but desperate for some help and advice. Any advice or assistance you can give would be so appreciated. I am so stressed and tearing my hair out.
I'll try and summarise a difficult issue as best I can but I apologise that this may be a little long.
In October 2017 I fled my former home because my sleazy, offensive monster of a landlord threatened to physically and sexually assault me.
I involved the police and on their recommendation I fled to a women's refuge
I fled in a hurry and did not have access to a vehicle so I left most of my belongings behind.
I returned at a later date to collect my things. Initially the police were present; but former landlord reassured them that all was harmonious and they left.
The landlord retained most of my belongings and destroyed the remainder.
The landlord received a harassment warning notice 3 days prior to me collecting my possessions.
A date specified by him.
I had photographs of all of the damaged belongings including a box which he had written "bye slut" on.
He used to use that word to address me even when I repeatedly asked him not to. I have text messages as evidence of this.
The police were generally extremely unhelpful, I pushed and pushed them to press charges of criminal damage. I even took it to Inspector level and they continually stated that there wasn't enough evidence to suggest it was him because there were other people in/out the house.
So as soon as I was able to I took civil action in the money claims centre to recover the cost of my belongings.
The papers were served on him on the 21st March 2018. Throughout the entire process he failed to provide any response. Judgement was entered against him on the 3rd May and I then started enforcement.
The courts were very slow, inefficient and difficult to deal with and the cc enforcement officers were very poor.
The process was difficult and complicated, but I navigated the entire process myself and dealt with all of the forms and paperwork, I sought help or advice when it was necessary and frequently rang the court.
Just 3 days prior to the hearing, I was informed that the Defendant had requested a hearing to set aside the judgement.
The hearing was listed for the 25th July.
The paperwork I received stated that the hearing would be held at the money claims centre in Manchester, some 150+ miles away. I therefore telephoned the court and confirmed that in fact the hearing was at the local court.
The defendant failed to turn up. He did not contact thr court in any way. Not a call, no email, nothing.
The Judge therefore made an order in his absence stating that no future applications can be made and denying that the judgement is set aside.
I then commenced enforcement again. I had requested a writ of control and instructed high court enforcement now try to enforce it
Then another letter again with very short notice staying that another set aside hearing was to take place.
Apparently the defendant took advantage of the admin error made by the court and requested another hearing.
so another one was scheduled for last week.
I had very little time to prepare for or to react to thid new development and in fact did not receive the defendants statement until the day before the hearing.
I sent a couple of emails to the court before the hearing with essential evidence in the form of photos of damaged items, abusive text messages and confirmation of the pin harassment notice that I obtsinrr from the police.
I had tons of evidence which tore his defence statement to shreds.
However the judge failed to listen, failed to show any
understanding or ackowldgement of how anxious I wss and how stressful the process has been.
He failed to accede to the defendants appalling behavior and evidently didn't give a damn.
He stated that the Defendant was not allowed much time to prepare for the hearing or to make a call. He failed to even concede that I received exactly the same paperwork with the exact same timescales.
I tried to say that the Defendant had since March to contest the action at any time and he is making a mockery of me and the court but the judge was so ignorant and dismissive it was staggering.
The result was that he set aside the judgement and the order made on the 25th July and ordered the Defendant to produce another defense statement.
why this is needed is beyond me....the last one was full of glaring inconsistencies and lies.
I am really upset and furious and I am attempting to produce an appeal against the judge's decision.
I have already lodged a formal complaint against the court.
The appeal paperwork is extremely complicated and I feel that I am a little out of my depth though. Any support, advice or help would be appreciated so much.
I just want an end to all this and some closure.
Please help. Thank you for reading.