Urgent help needed with defence and counterclaim

**Blueeyes1** · 10th December 2021, 21:20:PM

Can anyone help?

**echat11** · 11th December 2021, 07:20:AM

Hi Blueeyes 1

Celestine des8 R0b Can you please take a look and advise, many thanks.

**R0b** · 13th December 2021, 13:55:PM

You would need a good justification for withholding your address information, because the claimant would need to know for starters where to serve documents and comply with the rules.

I don't know the exact rules around it, but you would need to make an application to the court for an order that your contact details are confidential and not to be shared with the Claimant. The application will of course need to be made on a without notice basis e.g. a copy of the application is not served on the other side and you will also have a duty of full and frank disclosure - meaning you must tell the court everything that both supports or hinders your application.

What I don't understand is, if you've received the claim form and are in the process of a defence/counterclaim, surely the claimant already knows your address, so why are you looking to withhold it now?

The form to use would be N244 and fee is £275.

**Blueeyes1** · 13th December 2021, 19:13:PM

Thank you.

I have moved home since the claim was started and would not like my new address to be disclosed to the claimant, as there is a history of harassment.

I have previously submitted a help with fees form to the court in relation to this claim. The N244 application form asks for a help with fees reference, but I have not been provided with one. Should I submit another help with fees form along with the N244?

Would the following be acceptable?

"I am applying to the court for an order, on a without notice basis, that my address and contact details remain confidential and is not to be disclosed to the claimant, or anyone acting on behalf of/representing the claimant. This is due to a history of harassment and threatening behaviour. I have previously submitted a help with fees application in relation to this claim."

Would you add or remove any of the above, or re-word in any way?

I previously submitted a N9 defence and counterclaim, along with the help with fees application. My defence and counterclaim was struck out and I have been given permission to submit a properly pleaded defence and counterclaim. As it was struck out, do I need to complete a brand new N9 form and help with fees application, or should I simply present my new revised defence and counterclaim as a single typed document, with headings and statement of truth?

The court do not yet have my new address, is there a specific change of address form to complete, or is a simple email to the court with change of address details acceptable?

**R0b** · 13th December 2021, 20:18:PM

I have previously submitted a help with fees form to the court in relation to this claim. The N244 application form asks for a help with fees reference, but I have not been provided with one.

Could that be because you've moved home and the result has been sent there? You can actually do HWF application online and get an answer normally there and then (Help with Fees). Once you get your HWF number you can input it into the application form.

Would the following be acceptable?
"I am applying to the court for an order, on a without notice basis, that my address and contact details remain confidential and is not to be disclosed to the claimant, or anyone acting on behalf of/representing the claimant. This is due to a history of harassment and threatening behaviour. I have previously submitted a help with fees application in relation to this claim."

Probably not. I've done a bit of digging on this and the only thing that I can find under the Civil Procedure Rules is rule 39.4:

The court must order that the identity of any party or witness shall not be disclosed if, and only if, it considers non-disclosure necessary to secure the proper administration of justice and in order to protect the interests of that party or witness.

Absent anything else I can find, this may be the rule that you need to apply under to anonymise your address but I can't say for certain as I've never made an application like this before. The problem is that you need to inform the court of your change of address but at the same time you also have to file your defence and counterclaim. There may be a couple of options:

1. File your defence/counterclaim then make the application to anonymise your address details and update the address if the court grants you your wish.

2. Don't file a defence/counterclaim and make your application now, asking for the anonymity order plus an extension of time to file your defence/counterclaim after the hearing is determined. This option could be risky because if you haven't informed the other side of your intention they may request default judgment.

It's not clear where you are thinking of inserting that in your application. It wouldn't go to question 3 but more like the witness statement side of things. However, you need to provide evidence and details of the harassment to persuade the judge reading/hearing your application that an order is necessary. That paragraph alone will not get you the order you want.\

If you give the court your new address then it's possible they may at some point send that to the other side so you need to be mindful of that. As for your defence and counterclaim, you can complete Form N9 if you haven't already but provide a defence and counterclaim together as a separate single document, properly headed with numbered paragraphs and formatting. The title should be Defence and Counterclaim, and the defence should start with the counterclaim following immediately afterwards - a heading "Counterclaim" should be used to delineate between the defence and counterclaim.

If you're unsure I suggest you do a little research on how it should be presented.

**Blueeyes1** · 13th December 2021, 21:01:PM

Thank you.

My mail is being re-directed from previous address. The only documents I have received from the court in the post, since moving home, is notice of hearing, court order and another notice of hearing, addressed to me at previous address.

I sent the original N9 defence and counterclaim via email to the court only - They said they would serve to the other party on my behalf.

So if I complete a new N9 form, should I put my previous address?

Is there a template available for a properly presented defence and counterclaim, including all headings and statement of truth / correct formatting, so that I can amend / fill in the paragraphs? Would you possibly be able to help draft defence and counterclaim?

**Blueeyes1** · 14th December 2021, 04:58:AM

My defence and counterclaim relates to:

Harassment
Intimidating behaviour
Unlawful discrimination
Breach of contract
Induced breach of contract
False imprisonment
Defamation
Malicious communications
Fraud
Negligence
Breach of duty of care
Trespass to land
Unlawful interference with business
Deprived of full use of property
Retaliatory revenge eviction / unlawful eviction
Uninhabitable / unsanitary living conditions
Unlawfully retained security deposit

Should I give specific examples of each of the above in my defence and counterclaim? I am not sure how much detail I should go into at this stage.

I am not sure if any of the following should also be quoted:

Protection from Harassment Act
Housing & Planning Act offence
Defective Premises Act 1972
Rent Repayment order offence
Protection from Eviction Act 1977

I am claiming damages for the following:

Refund of rent payments
Return of security deposit x 3 as was unlawfully retained
Refund of various expenses
Aggravated / exemplary / punitive / special damages
Interest
Costs

The claim against me is for alleged rent arrears - Which I deny any responsibility or liability for.

Could anybody help with a properly presented template, so that I can amend and complete?

Would also appreciate any relevant case law I could quote?

I have evidence in the form of agreement, emails, photos, text messages, video recordings, CCTV, Police records, medical records. Should I submit any supporting evidence at all with defence and counterclaim? Or would that be required later?

I need to get this served to the court as quickly as possible and not much time left to draft it. Would appreciate any help.

**R0b** · 14th December 2021, 09:48:AM

I'm afraid I have no time to help you draft something, but if you upload something I can try to add any comments. You can see an example defence which sets out how the heading should be, link here.

My initial view of what you are looking to claim is quite extensive and I would suggest you reconsider that list to narrow it down to your strongest 3, maybe 4 allegations. Couple of comments:

- Defamation cannot be brought in the County Court unless the other side consents, so you must start that in the High Court.

- Fraud is a serious allegation and you must be able to show in your counterclaim the basis of that fraud. There are specific requirements for pleading fraud, suggest you do some research on that. Also fraud claims are not normally appropriate for the small claims track which means costs are on the table if you lose.

- Malicious communications, discrimination, false imprisonment, intimidation and inducement to breach a contract have specific requirements to be met and these would need to be shown in your claim to some extent how they have met that criteria.

If you are on limited time, I can't see how you could be able to properly plead all of these allegations and you are just going to irate the court and/or judges looking at this case. There could be a serious risk of an adverse costs order against you if the other side has incurred wasted costs trying to defend these points.

Evidence is put in your witness statement at a later stage, not your defence or counterclaim. Finally, if you have a re-direction in place then why not keep the re-direction service and use your old address which means you don't need an application to withhold your address details? If you lose, there could be costs awarded against you on that too.

I would really recommend you try to get some legal hep because it sounds like you are out of your depth on this one.

**Blueeyes1** · 14th December 2021, 11:05:AM

I'm afraid I have no time to help you draft something, but if you upload something I can try to add any comments. You can see an example defence which sets out how the heading should be, link here.

Thank you for the link. I am really just struggling to know where to start and how it should be worded. I have spent many hours researching as best I can and it's just confused me even more. I feel in a no win situation really, as it's been made clear that if I don't produce a properly pleaded defence in time, judgement will be awarded to the claimant for amount claimed, plus court fee, plus security deposit.

I have mental health issues and other chronic health conditions and mental capacity is not good. The last thing I need is bailiffs at the door. Claimant is aware I have no assets and that there would be no reasonable prospect of recovering a single penny from me, so I consider the claimant to be acting in a malicious manner, solely to continue causing the utmost alarm and distress possible.

Claimant was sent medical evidence relating to mental health many months ago and has continued regardless.

My initial view of what you are looking to claim is quite extensive and I would suggest you reconsider that list to narrow it down to your strongest 3, maybe 4 allegations. Couple of comments:

As I do not know where this claim is likely to go, I thought I had to include everything that I might rely upon later.

- Defamation cannot be brought in the County Court unless the other side consents, so you must start that in the High Court.

I am of the understanding that unless I claim for these things now, I would never be able to bring any claim relating to this in the future?

- Fraud is a serious allegation and you must be able to show in your counterclaim the basis of that fraud. There are specific requirements for pleading fraud, suggest you do some research on that. Also fraud claims are not normally appropriate for the small claims track which means costs are on the table if you lose.

What I meant by fraud is that, claimant had no legal consent from mortgage lender to let the property. Claimant also uses various different names, such as the name used for tenancy and court is different to the name on mortgage (same unusual first name, different surnames used). Also, the letting agent used different companies to carry out check-in and check-out inventory and were trying to claim a whole host of "damages" caused to the property, allegedly by me, which are clearly already evidenced in the check-in inventory. When argued, they then stated they were withholding deposit towards rent arrears.

The court order received states an amount of over £9000 will be awarded to claimant, plus security deposit and court fee, if I do not submit a "properly pleaded defence and counterclaim". The figure of over £9000 is inaccurate and I have received no breakdown or calculation of how that figure was reached. So not really sure exactly what they are claiming.

I presume the claimants solicitor has sent an amended claim amount to the court - Should I have received a copy of that?

- Malicious communications, discrimination, false imprisonment, intimidation and inducement to breach a contract have specific requirements to be met and these would need to be shown in your claim to some extent how they have met that criteria.

Do you mean by providing appendixed evidence?

If you are on limited time, I can't see how you could be able to properly plead all of these allegations and you are just going to irate the court and/or judges looking at this case. There could be a serious risk of an adverse costs order against you if the other side has incurred wasted costs trying to defend these points.

I was hoping claimant might discontinue their claim.

Evidence is put in your witness statement at a later stage, not your defence or counterclaim. Finally, if you have a re-direction in place then why not keep the re-direction service and use your old address which means you don't need an application to withhold your address details? If you lose, there could be costs awarded against you on that too.

Yes, I will do that - I just didn't want to do anything wrong with regard to providing the court with my correct address.

I would really recommend you try to get some legal hep because it sounds like you are out of your depth on this one.

I have sought as much advice as possible. Just really need help with the defence and counterclaim, as not sure i'm capable of doing it in time.

Is there any other option, such as apply for a delay for health reasons? As what i'm expected to do in the time allowed is near impossible.

I believe the claimant should and could have mitigated their losses a long time ago, and claimant was given every opportunity to do so, in which case there would be no "arrears".

A hearing date has been set for January. What is that hearing to determined? Is it to decide which track the case will be allocated to, or would that have already been done?

What options may happen at the hearing?

How long would I have to organise evidence - As there are hundreds of pages of contracts, emails, inventories, photographs, videos, CCTV, police records, medical records and it would likely take me months to be able to put all of that together.

Is there any specific information you need to help you to help me with defence and counterclaim?

**R0b** · 16th December 2021, 09:07:AM

I appreciate it can be difficult to prepare a claim you know nothing about, but this is why it can be very time consuming. It is difficult to help you prepare something if we don't know any of the facts of the case or wehtehr what you are seeking to claim is a legitimate claim.

We don't know when you have to file this defence/counterclaim and given that you say you are on a short deadline that makes it even hard. If you are struggling with the time you can make an application for an extension of time but if there is a trial in hearing January and that causes the court to push it back because you need extra time, there is no guarantee a judge will allow you more time. Also, I have no idea what the hearing is for in January because I don't know what the court has ordered, you should have received that order telling you what it was for.

Really, you need to write down your defence based on the claim and then write your counterclaim and upload it on here for review. As it's the Christmas period and everyone winding down there is no guarantee we can look at it and even more importantly there is no guarantee it is going to be of any quality since it is hard to help someone without sufficient background as to why the claim is being made and why you are defending/counterclaiming.

**Blueeyes1** · 16th December 2021, 11:55:AM

The court order states:

It is ordered that:

1. Defence and Counter Claim is struck out

2. Permission to Defendent to file a properly pleaded Defence and Counter Claim by 4pm on 16 December. In default judgement to Claimant in amount of £9234.73 plus court fee of £355 and permission of rent deposit to be paid to Claimant

3. Permission to Claimant to file defence to Counterclaim by 4pm on 30 December 2021

4. Matter to be relisted by CVP in January 2021 before Judge xxxxx with a time estimate of 30 minutes. Both parties to attend remotely.

The hearing is taking place on 7 January.

I am still trying to put together a draft to upload.

**Blueeyes1** · 16th December 2021, 13:16:PM

I will upload a draft if I manage to put something together.

In the meantime, here is a brief outline:

I rented a property privately through a letting agency.
Various terms were agreed and were breached by the claimant. I agreed to rent the property based on those misrepresentations, including that the property would be thoroughly cleaned.
The property was handed over to me in an uninhabitable / unsafe / unsanitary condition throughout.
Some dangerous hazards I believe were placed deliberately.
The shower was unuseable, fitted dishwasher in need of replacement, gas cooker unsafe, unusable.
Maintenance / repairs were refused and I was threatened by claimant and letting agency with eviction 1 month into tenancy.
I continued paying rent.
Claimant harassed repeatedly from day 1 of tenancy - Including, unreasonable requests for access, random text messages at unsociable hours, intimidating behaviour lingering outside property, told me to mow the lawn a few days into tenancy as her neighbour friends were complaining it was overgrown, got her neighbour friends to harass me including one calling me a prostitute through the window, failed to advise or give notice of access for annual sewage treatment service.
Claimant made malicious 999 call to police for an alleged welfare check in attempt to gain illegal access.
Retaliatory S21 notice served.
Was unable to move out in time and fell into arrears due to severe stress related illness as a direct result of the harassment, which has prevented me being able to work.
Subsequent S8 notice served.
I vacated the property before hearing.
Security deposit retained.
Have received no breakdown or calculation of how figure claimed was reached and do not believe is accurate in any event.

I do not believe I am liable for any alleged debt to claimant due to the agreement / contact being unenforceable and/or breached / claimant has no legal consent to let from mortgage lender / no landlords insurance / uninhabitable property / living conditions / harassment / failure to maintain/repair / breach of covenant of quiet enjoyment as per tenancy agreement.

I counterclaim for damages including:

Refund of rent payments made - £5250
Return of unlawfully retained security deposit - £1200 x 3 = £3600
Refund of various repairs and expenses - TBC
Aggravated / exemplary / punitive / special damages - TBC
Interest
Costs

I have ample evidence to support all of the above, in the form of tenancy agreement, emails, letters, text messages, photos, inventories, video recordings, CCTV, medical records, police records. Due to the volume of evidence, I am unable to present it all at this time.

I would be so grateful if you could help at all with this, as I am not sure how to present defence and counterclaim properly. I hope the above might help - If I can manage to draft anything I will upload asap - I do not think I am going to be able to meet the 4pm deadline to file at court.

**Blueeyes1** · 16th December 2021, 14:00:PM

If there is any possibility anyone could help to draft defence and counterclaim, using above information, using correct / more professionally presented wording, as I am struggling to know how to word. Any help would be much appreciated.

Could anyone reword / revise / amend / delete / or add to as required to a paragraphed, correctly set out format that the judge might consider acceptable. I am not sure if there might be any relevant case law or which areas of law this relies on.

I am sure somebody might be able to draft much faster and better than me and would really like to get this sent to the court as quickly as possible.

Would it still be acceptable for the defence and counterclaim if filed slightly late?

If you need any further specific information to help with a draft, please ask.

**R0b** · 16th December 2021, 14:19:PM

I'm sorry but there is no way any of us could look at this and then provide a return draft before 4pm today. We all volunteer on here and have independent jobs so I don't think you are going to get any help before then.

That defence and counterclaim is not compliant and will likely be struck out by the judge - I did direct you to how a defence should be set out so that ought to be your starting point. My only suggestion is to get an application submitted to the court (email is your only chance now) and ask for an extension of time. You will need to explain why you need that extra time, whether it more time to properly formulate your defence and counterclaim and that as a litigant in person it is taking longer than anticipated or some kind of words to that effect. Maybe suggest you need a further 14 days to be in a position to file it due to the extensive nature of the dispute and facts.

If you get that in before 4pm then you may have a slim chance in the meantime to draft something proper before the judge sees the application and certainly before the hearing on 7th Jan to file and submit a defence/counterclaim. Not guaranteed but the consequence of not filing that application or the defence/counterclaim is judgment for the claimant.

Urgent help needed with defence and counterclaim