Urgent help needed with defence and counterclaim

[Blueeyes1]

Is it acceptable to also request an order for immediate / interim relief judgement payment from the claimant (due to financial hardship) for return of the security deposit and/or £5000 towards other damages, to be paid within 7 days, and for the rest of the claim to be determined at a later date. If so, how should such a request be worded?

Can I request an order for the claimant to produce a breakdown of the amount claimed? As it is unclear exactly what is being claimed.

Is it acceptable to state: If the claimant denies any of the above allegations, evidence is available on request and permission to provide additional information if required. If so, how should that be worded?

Is it acceptable to request that the hearing is judged without my presence, as I am unable to attend hearing remotely due to health reasons?

Am I required to file an entire bundle of all evidence before the January hearing? If so, is it acceptable to state that due to sheer volume of evidence, it is not all available at this time?

Apologies for all of the questions - I am clueless and really struggling to draft this myself.

Please feel free to ask any questions if needed.

[R0b]

There are so many things that go into the defence and need to be properly pleaded and drafted, I don't have time to explain it all.

I'm attaching an N244 form with some example wording for a request of an extension of time should you wish to submit one. It is not perfect but that's your choice on whether you file one or not - failing that judgment is entered for the amount stated and the defendant is entitled to enforce that judgment whether you like it or not. Your chance to dispute that amount will be lost.

Any interim relief or payment variation of the amount would require an application to the court asking for that.

[Blueeyes1]

I was just writing an email to the court and have just seen your message. Thank you so much for the form. I do not know the contact details to be served to claimant and also cannot afford to pay a fee for N244 application. Should I in that case file also a new help with fees form? Would an email be acceptable instead of the N244, or does it definately need to be an N244?

[R0b]

You should know the claimant address it should be on the claim form.

Formal application is needed, if you email the court will likely reject and ask for an N244, at which point you are out of time and judgment will be entered automatically. Up to you about the HWF question, I did explain you can do the app online and get an answer but your choice if you want to file it together with the N244.

You can send the email to the court's general enquiries email or if there is a specific one like applications, send it to that one.

You can find email addresses for the court dealing with this on Court Finder Find a court or tribunal - GOV.UK (www.gov.uk)

[Blueeyes1]

The only email address for the court I have is the email address on the court order for documents to be sent - which is a hearings. email

I do not know if the claimant is currently represented by a solicitor, or LIP - And do not know claimants current address. The correspondence I originally received was all sent from letting agent - Who I believe are now not relevant to this claim, as the tenancy has ended / property now vacated.

Might have to just send a simple email now, as no time to fill out relevant forms

[Blueeyes1]

Thank you so much for your help with this. I have now sent email to the court with completed N244 application and have stated in the email that I am unsure of the claimants correct contact details and also unsure if I need to complete another help with fees application.

I hope that's ok?

What should I do now?

[R0b]

So can I clarify, you don't have the claim form that was issued by the court? How then are you able to file a defence or counterclaim if you don't know what it is the claimant is claiming from you? Get onto the court and ask for a copy because without it, there is no way you can file a defence because you must have a copy of the claim form to be in a position to know what the case is.

In the meantime you just have to pray the court doesn't reject your application for not supplying the claimant information. Get the claim form and then you can start looking at drafting your defence.

Also, I would suggest you get reading up on how to draft your defence and counterclaim. If you somehow manage to get this case to move forward, you will not survive if you're looking to be spoonfed the information and it's not something I would be doing, as you need to help yourself and get familiar with the legal process.

As a starting point, suggest you take a look at the first two links on drafting a defence, and the second link is more detail of the court process, which is always worth a read.

Statements of case: Particulars of claim, Defences & Amendments (hallellis.co.uk)

A Handbook for Litigants in Person | Courts and Tribunals Judiciary

[Blueeyes1]

Should I email the court and ask them to confirm the claimant contact information? Surely the court must have the claimants contact information to serve the documents? Will they serve it to claimant on my behalf?

Yes, I have spent many many hours trying to read up and research. I now understand how to set out the defence and counterclaim - It is the wording to present my claim that I am struggling with. I have some cognitive problems and sadly am unable to obtain legal representation. I appreciate your help with the links to read up on, but to be honest I am not mentally capable of this. I have a number of chronic health conditions, including mental health problems, and this claim is exasperating my mental health severely.

I am doing as much as I am capable of, and not capable of studying correct procedure of what I am supposed to do. This matter is making me seriously ill and I am struggling to cope mentally and physically.

I am not capable of attending hearings, learning court procedure, filing bundles of hundreds of pages of evidence, or navigating who/how/when I am supposed to contact etc. This is making me extremely mentally unwell.

[R0b]

I'm sorry to hear of your health issues and in that case if you genuinely believe that this is exasperating your mental health then you may want to go and see your GP and discuss this with them. If you GP can provide some kind of letter or report as to your health then you could send an application to the court to stay proceedings on grounds that it is seriously detrimental to your health and/or you do not have the mental capacity to be able to deal with it.

You have to understand that the claimant has a right to pursue you and obtain justice in recovering sums that he/she believes to be owed to them. Stress alone is not going to persuade the court to stay proceedings because it will likely recur when the stay is lifted. There needs to be some form of medical evidence to support your case and there is no guarantee it will accept your evidence, though it should be taken into account. There needs to be a balancing exercise between the claimant have the right to pursue his claim and your ability to defend or continue with the legal process.

Aside from the above, if you upload a draft of your defence/counterclaim and set it out as a story then maybe we can pick out and help you formulate it but it sounds like there may very well be a lot of content that can be omitted and I wouldn't expect you to file hundreds of pages of evidence. The court requires specific evidence and not reams or irrelevant information.

The other point about saying the court should have the claimant's information is true, but it is your application and you should also have the claimant's information as it is listed on the claim form. The very first step of the legal process is that a court will issue a claim form containing all of the claimant information and/r any legal representative so without that, I can't see how you can file a defence or counterclaim. If you make an application to the court, it is your job to make sure the application is complete and the general rule is if the application is incomplete, the court will reject it and ask you to re-submit a complete version.

[Blueeyes1]

"You have to understand that the claimant has a right to pursue you and obtain justice in recovering sums that he/she believes to be owed to them."

No reasonable, or sane person would possibly believe they are owed any money or have any right whatsoever to pursue me, under the circumstances. I have a right to not be bullied, abused, harassed and prevented from obtaining justice myself. I shouldn't have to jump through these impossible hoops to be able to move on with my life. Especially considering the dangerous effect it is having on my health.

Regarding particulars of claim, I am somewhat confused, as this started a long time ago as a possession claim and all correspondence at that time was between myself and the letting agency. It was the letting agency who sent me the paperworks regarding possession claims and it is they I was corresponding with in regards to handing keys back when I vacated property, check-out inventory and disputing with them regarding return of the security deposit. Somewhere along the line, many months ago, I vaguely remember seeing sight of a document from a solicitor acting for claimant, listing rent payments made to date and alleged payments owed. I have searched everywhere and cannot find it - It must have been mis-filed during the process of moving home within mountains of other paperwork. The judge has stated within the court order, the current figure being claimed against me. I have not seen a breakdown of how this figure has been calculated.

In terms of medical evidence, all I have available is a "To whom it may concern" letter from my doctor/GP dated some months ago, regarding harassment and threats made towards me of bailiff eviction and the detrimental effect it was having on my mental health and suggesting they refrain from any further threats/harassment. This letter was sent to the letting agent back in June.

I also sent this letter to the court, along with a further statement, and some police records relating to harassment, in addition to the previously filed defence and counterclaim. The statement and medical/police evidence was only sent to the court the day before the hearing, as I was unable to attend the hearing and a court legal person represented me at that hearing in my absence.

Will that letter be acceptable medical evidence? If so, should I serve it to the court again?

[Blueeyes1]

Apologies for taking so long to draft a defence and counterclaim - I had meant to do this before Christmas, but have been extremely unwell. I really am struggling to write this myself and would very much appreciate your input / editing / and hope you might be able to amend / delete / add to as you see fit.... I am not sure if it is too long, or if there might be some things I should have included..... If you know any relevant case law or anything to help make this as proper as possible, I would really appreciate any help with this...

I am supposed to file this by tomorrow, so may need to ask the court for another extension of time, or submit it late? Please amend or re-draft if at all possible. Many Thanks

*In the XXX Court

Claim No: XXXX

(Claimants Name)

Claimant

And

(Defendants Name)

Defendant

DEFENCE

1. The Defendant denies liability for any alleged monies owed to the Claimant.

1. The Defendant admits renting the Claimants property located at xxxxxxxxxx, at an agreed rent of £1100 per month and the Defendant also paid a security deposit of £1200.

1. Various terms were agreed for the tenancy, both in writing and also orally, with the letting agency, who were employed by the Claimant to manage the tenancy. This included an agreement that the property would be let long-term, would be fully managed by the letting agency, the property would be unfurnished, and that the property would be thoroughly cleaned to a professional standard prior to commencing the tenancy. I agreed to rent the property based on those misrepresentations.

1. Many of the agreed terms were breached by the Claimant from the very first day of the tenancy.

1. The property was presented to the Defendant in an uninhabitable and unsanitary condition throughout, with various repairs required. This included a dangerous, non-working gas cooker, unusable broken shower, fitted dishwasher in need of replacement, evidence of rodent infestation, unsanitary toilets with broken seats, general unhygienic condition and disrepairs throughout, which the Clamant refused to address.

1. Claimant left sharp pins scattered around carpets – Which the Defendant believes were left deliberately to cause harm to pets.

1. The Defendant had to pay for installation of a digital TV aerial, which the Claimant refused to refund.

1. The Claimant left various items of large furniture behind in the property and also various items dumped on the driveway and overflowing rubbish bags scattered around outside the property.

1. The Defendant was subjected to a ongoing campaign of harassment, which began on the very first day of the tenancy. This included the Claimant wanting to conduct an inspection on the same day Defendant moved into the property, text messages at unsociable hours, unreasonable requests from the Claimant for access on weekdays, evenings, weekends to collect furniture items, collect mail, inspection/meeting. This is in direct breach of the tenancy agreement clause relating to the covenant of quiet enjoyment of the property.

1. The harassment towards Defendant was extended to neighbours harassing the Defendant on behalf of the Claimant. This included bullying, texts from Claimant telling Defendant to mow the lawn as neighbours had complained it was overgrown, when defendant had only lived in property for 1 week and Defendant was also threatened and called a prostitute from one of the neighbours.

1. Claimant refused to resolve any maintenance or repairs and refused a refund of rent paid and security deposit, therefore preventing Defendant being able to terminate the tenancy.

1. Defendant was falsely accused by Claimant of breaching terms of tenancy and threatened with eviction at the beginning of tenancy.

1. In breach of the tenancy agreement, Defendent was not informed of an annual sewage maintenance at the property, resulting in tradespeople attempting to gain access to the property without any notice.

1. Claimant does not have legal consent from their mortgage lender to let the property.

1. In an attempt to force entry into the property, Claimant made malicious 999 call to the Police for an alleged welfare check, resulting in the Police attending on blue lights.

1. Claimant served section 21 notice to vacate after 4 months. Defendant was denied any refund of rent paid. Defendant was subsequently served with a section 8 notice to vacate.

1. If any of the above allegations are denied, the Defendant can provide additional information on request and can also provide ample evidence in the form of tenancy agreement, emails, texts, photographs, CCTV footage, Police records, medical records.

COUNTERCLAIM

1. Paragraphs 3-17 as above are repeated.

1. The Defendant claims a refund of all rent monies paid of £5250, due to the misrepresentations made about the property and tenancy.

1. The Defendant claims a full return of security deposit of £1200.

1. Refund of various expenses - TBC

1. The Defendant has suffered immense mental distress and physical ill health, as a direct result of the above and felt unsafe and terrorised in her own home. The defendant had no peaceful enjoyment of the property and was prevented from being able to work, or to move into alternative accommodation for considerable time, due to Covid, health and finances. The safety and security of Defendents home, livelihood and health was compromised, undermined and threatened from very beginning of the tenancy. As the Claimant has no landlords insurance, the Defendant seeks maximum damages from Claimants assets.

1. The Defendant seeks interest as the court deems appropriate.

1. The Defendant is unable to attend the hearing due to health reasons and respectfully requests that the hearing take place in her absence and also that Defendents address is not disclosed to the Claimant, due to previous harassment and threatening behaviour.

Statement of Truth

The Defendant believes that the above facts stated are true.

Signed ________________________________


Dated _________________________________

[Blueeyes1]

Apologies for the delay in uploading a draft - I had meant to do this before Christmas but have been unwell. I believe this is supposed to be filed at the court tomorrow, so it will either have to be late, or should I make an application for another extension of time?

If there is any possibility you could maybe add to / delete / amend / re-draft as you think best, I would very much appreciate your help. Many Thanks

[Blueeyes1]

I am not sure if have uploaded document properly? Please let me know if not and I will try again.

[Blueeyes1]

I apologise for springing this on you with such urgency. I uploaded my defence/counterclaim as a word document - Not sure if I have uploaded correctly so that you can read it?

I do have some cognitive problems and although this might be completely wrong in terms of "properly pleaded defence and counterclaim", it really is the best I have been capable of....

I have no idea if it is too detailed, or not detailed enough? With the counterclaim, should I specify an amount I am claiming for "special / aggravated damages" or leave the amount unspecified?... I am presuming that if the claimant had landlords insurance, they would have been covered for any alleged monies owed by a tenant - I do not believe the claimant has any landlords insurance (as they do not have legal consent from their mortgage lender to let the property), which also limits the amount of damages I (as the defendent) may be able to claim against them.... My thinking therefore is that the level of damages I am limited to claiming would be whatever equity / assets the claimant has...... I have a reasonable belief that claimant has maybe £100k equity in this property - Can I therefore specify that amount as what I am claiming?

Should I include dates of tenancy within the defence and counterclaim, or is there any other info I should add?

There and hundreds of files of evidence in relation to this (emails, tenancy agreement, inventories, photos, videos, CCTV, Police and medical records). I cannot possibly present all of that evidence at this time.... Should I include any at all? And if so, how should that be referred to in the defence/counterclaim?

Can I claim 3 times the amount of security deposit - As it was unlawfully retained?

I sent the N244 application for more time and this should be submitted tomorrow I believe.... Will it be ok if I submit it to the court late, or should I submit another application for extension of time?

I do not know the claimants details for serving documents - Should I continue to presume the court are serving these on my behalf, or should I specifically request this?

Would it be helpful for the judge to add any relevant case law - If so, would you be able to add any for me?

I am not sure which "Acts" (if any) I should quote in the defence/counterclaim..... Any help with this would be appreciated.

I appreciate there may be spelling/grammar errors in my draft and could probably be worded much better by somebody else...... Any help would be so very much appreciated - Please feel free to amend / add / delete / re-word as you see fit.

I really would appreciate any help and guidance, as cannot think straight and have no clue about court procedures. Many Thanks

[R0b]

Personally I don't think it quite cuts the mustard and does require further tweaking. Did you receive anything back from the court based on your application for an extension of time? If not, you might want to consider whether you risk not sending the defence today and spending time today tweaking then firing it off tomorrow but that's your choice.

There's a number of things I think need to be expanded on and clarified as it's just a set of general statements.

- para. 3: You say there were written terms and oral terms but do you have a written contract? What kind of tenancy agreement is this, is it an AST or a lodger agreement or what? Not very clear here. If you are relying on written or oral terms you need to state what those terms are splitting out into sub-paragraphs.

- The rest of your defence is in an illogical order and it should flow better. You jump from misrepresentation to breach of contract to harassment back to breach of contract.

- You cannot claim damages that are TBC as you should have already in your knowledge your losses or expenses. If you don't, you should give a rough estimate.

- Your last paragraph is not appropriate for your defence. As I mentioned unless you make an application to the court for anonymity then the court will send your address over. Equally, it is not the right place for you to say that you are not going to attend the hearing, that is a later stage. And is there any reason why you cannot attend a telephone or video hearing?

My final question is how you have drafted a defence if you don't know exactly what the landlord is claiming? Do you now have the particulars of claim?

If you want to hang on until tomorrow I could maybe tidy it up in a more logical order but I still think the detail is still missing and there's no guarantee a court will accept what you've written.