Urgent help needed with defence and counterclaim

[Blueeyes1]

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. The only communication received back from the court was acknowledgement of my email application and confirmation that I need to complete another help with fees application.

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. It was an AST tenancy agreement.

- 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. I can put a rough estimate for certain expenses, but what about other special damages for mental distress / aggravated damages? And what is the correct term used for these kinds of damages?

- 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? The court currently don't have my new address and would prefer it to remain confidential from psycho Claimant. The hearing I believe is scheduled for 7 Jan - I do not have facility or ability for a video hearing and would also find a telephone hearing extremely difficult for health reasons. I would prefer to not be present at all.

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? The claim was initially a section 8 possession claim, including money claim for alleged rent arrears. I moved out of the property shortly before first hearing and contacted the court to advise that I had vacated the property and to confirm if a claim for money was still being pursued on the hearing date, which they confirmed it was. I was unable to attend the hearing and had previously filed a defence and counterclaim, which was struck out. They have also retained my security deposit in full and were trying to falsly allege damages caused by myself, which were clearly already present before I moved in and evidenced on the check-in inventory. In addition to witholding my security deposit, the amount now being claimed exceeds £9000, plus legal costs - The only document I have seen detailing the amount being claimed against me is in the court order as previously mentioned. I don't have particulars of claim, but the judge has confirmed the amount being claimed in the previous court order.

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. Yes, please tidy and amend as appropriate. Really appreciate your time and help with this.

One thing I forgot to add was an occassion where the Claimant and claimants family stood outside on the driveway by my car for several hours, a few days after I had moved in and they were shouting agressively in another language which was incredibly intimidating and unsettling. Maybe I should include mention of that too?

Thank you again for your time and I will have to send it to the court late. Should I contact the court at all today, or would it be acceptable to file it tomorrow, along with another help with fees application and apologise in the email for the lateness?

[Blueeyes1]

Just thought of a few other things...

Can I also counterclaim for costs at all?

Can I apply for any kind of restraining order / or for the Claimants claim to be struck out? If so, should that be requested within defence and counterclaim, or a different application? Are you able to help with that?

I did report the harassment from Claimants neighbour friends, including being called a prostitute, to the Police and also the harassment from Claimant. I decided not to take the matter any further and the neighbours were spoken to twice by the Police. I have Police records of the call logs from these incidents. I sent some of these records to the court the day before last hearing - So not sure if the Claimant saw these at all. The same neighbours also made false allegations about me to the letting agency, alleging that I had installed illegal devices to exterior of property and also false allegation that I had tampered with a sewage pump.

I also have Police call log records relating to the malicious 999 call made by Claimant for an alleged welfare check to force entry - Which caused me severe alarm & distress and also have some CCTV footage relating to these incidences.

Can I request any kind of interim payment to be ordered, such as return of 3x the security deposit = £3600, or £5000 as an emergency payment towards financial hardship caused by Claimant?

I believe the Claimant has equity in the property of at least £100,000 and also possibly owns other property. Can I claim that entire amount as combined damages for severe harm caused to my mental and physical health and other special damages?

Should I submit any evidence at all at this time? Or should I just make reference to the evidence in the defence and counterclaim and request permission from judge to submit evidence specifically on their request? There is such a huge volume of evidence that I simply do not have the ability to organise / copy / serve at this time and am not sure which specific documents/files of evidence the judge would want to see? There are hundreds of photographs of the filthy condition of property, in addition to detailed inventories and also a video recording of the dangerous gas cooker, which I was unable to use for duration of tenancy. All of the photographs can be available time / date stamped - I simply don't have the ability to print / prepare or email any of that evidence currently, and not sure if I am allowed, or required to do so?

[Blueeyes1]

I just wanted to add a few things, hoping it may help you to tidy / revise / reword my draft in any way....

I am not sure how much detail I should include about the damages caused to my mental / physical health, ability to work and how this experience affected me generally? I am not sure if I have put enough information regarding this into the draft?

I would hate for this matter to be dragged out for months, or years before reaching any conclusion - Due to the severe impact this if having on my life generally and also substantive, dangerous effect on my health.... I just would like to move on with my life as quickly as possible, without being subjected to further harassment via court proceedings - Which I do not feel capable of dealing with and this tenancy has caused immense harm to my mental and physical health, almost costing me my life, and I do not wish to have to have this dragged out for any period of time, due to the ongoing harm & risk being caused to my health. Can this be pleaded in some way to the judge, to award damages in my favour, without any need to attend any cross-examination, or future trial - Which would undoubtedly cause more damage to my health. I would like the Claimant to disappear from my life, as quickly as possible.

I did find some references online some time ago about similar cases - Some of which the "Tenant" received much higher damages, for what I considered equal, or less severe damages than those caused to me.... I cannot seem to find these case references anymore, so anything you might be able to find to add would be great.

I have also been a landlady myself in the past and also a tenant on many occasions and have never in my life experienced such shocking and abhorrent behaviour from a landlord.

I believe the letting agency are equally to blame and their behaviour towards me has also been totally unacceptable and if anything, has exasperated the situation ten-fold.

I would really like this to be dealt with by the courts as swiftly as possible, for the sake of my mental/physical health, without the need for me to engage in any prolonged & extremely difficult court process / providing all of the many hundreds of pages of evidence / attending any trial or cross-examination (which I am not capable of and would cause further detriment to my health) - If there is any way this can possibly be pleaded to the judge to award the highest amount of compensation possible from the Claimant to me asap, that would be great.


Despite having vacated the property, I still live in fear of the harassment and would like this matter dealt with as quickly as possible, so that I can concentrate on recovering my health, life and my ability to work. The distress, humiliation, damages I have been subjected to are inconceivable and I am astounded by the entire situation, which a vulnerable lady should never have been subjected to.

If I did win any award of damages, it may take some time to recover those monies and would therefore appreciate an interim payment of damages, to be paid within 7 days, due to severe financial hardship, as a direct result of the Claimants actions. I would prefer to not have to produce several hundreds of files of documents in order to prove my case, and would therefore appreciate a judgment in my favour based on my statement of defence and counterclaim, and/or minimal specific evidence being required or requested from the judge.

I am not sure if any of that helps you to tidy / revise at all?

If you require any additional specific information to help you with any aspect of my draft, please do not hesitate to ask.

Once again, thank you so much for your time and help with this - It is very much appreciated.

[Blueeyes1]

Apologies, I forgot to also mention....

1. The Claimant very clearly was attempting to illegally evict me through severe and prolonged harassment.
2. The defendent was threatened with eviction only weeks into the tenancy (email evidence available).
3. The section 21 notice served on month 4 was clearly a retaliatory eviction, as Defendant had communicated about disrepairs.

If I did win any award of monies - I would make a generous donation to legalbeagles / Rob for your help with this.... Hope that helps...

[R0b]

First of all, I think I have already mentioned it but you do not insert a any evidence as part of your defence/counterclaim. This goes in your witness statement later down the road.

I honestly think you are jeopardising your position by not attending. You are essentially asking the court to take what you have written as the truth without being cross examined or questioned about aspects of your claim. My experience is that those who make serious allegations of any kind and choose not to attend court generally lose their case. Whilst you are entitled not to attend any hearing, you really put yourself at a disadvantage.

Anyway, based on your earlier reply today the way I see it is that the Claimant is entitled to judgment. You have issued an application and the court has asked you to re-send along with a new HWF application. I did suggest you do that online but it sounds as if you haven't bothered to do that so it would seem that you have sent an incomplete application and the result being that having failed to file your defence as per the court order.

I have attached a modified version of your defence and counterclaim tidied up and there are things missing that you will need to amend yourself as you know all the facts. If there is irrelevant material in the document then feel free to delete as appropriate.

I'm afraid this is all a bit of a mess and the information is sort of being drip-fed which makes it really difficult to understand your case. I appreciate you might have health complications but this is why you need some proper support. If you don't attend that hearing in January then I really do think you are going to lose and will not be surprised if the judge gives judgment to the claimant. Most people in that position will then say it's all unfair and your rights are being infringed or that the courts are biased etc. but in all reality, it comes down to not getting a proper grasp of your case or asking the court for more time/allowance based on your health issues.

I'm sorry if I'm coming across as being rude but I honestly don't think I can help you. The amount of time it will take to draft some kind of cohesive defence and counterclaim that gets all of your points across would take a substantial amount of time. I would suggest you hve a look at the example I've done and perhaps use that as a based and submit what you can tomorrow, there being no guarantee that the court will accept what has been filed.

And if you haven't done the help with fees application, get it done asap. Feel free to post up a new version tomorrow but I can't promisie I will have time to look at it as I am busy most of the day, though you will need to get that in before 4pm.

[Blueeyes1]

Thank you so much for your help with this.

I do not feel able to attend a hearing for health reasons and also do not believe attending any hearing, even by telephone would be in my interest. Can I ask that the judge conduct the hearing without my presence?

I have attached defence and counterclaim with the gaps filled in. If it is at all possible for you to tidy / revise / correct / reword the parts I have completed as you see fit, I would very much appreciate.

[Blueeyes1]

Apologies if any of my amendments to the draft are confusing / incorrectly worded / incorrect in any way.... I suffered a massive brain haemorrage a few years ago and suffer from some cognitive difficulties and many other health problems... Also severe health problems as direct result of Claimants behaviour...

I would really like to get this sent to the court asap and would very much appreciate your professional ammendments / revision / tidying / re-wording to the gaps I have completed in the defence and counterclaim.

I have a few questions, and apologise if these may have been answered previously, but would appreciate your help....

1. I hope you might possibly be able to tidy / revise / re-word any of the additions I have made to your example defence / counterclaim...

2. I am planning to email this to the court, via the hearing. email address as before. Please could you confirm when you say I should complete a further 'help with fees application' online - Do you mean I should complete form again online and submit as an email attachment to the court, along with the revised counterclaim and defence document?

3. I am late submitting these documents - Would it be sufficient for me to simply write in the email my reason for lateness due to ill health (in addition to the attachments of 'help with fees application' and revised defence and counterclaim? If so, could you possible help with the wording I write in the email to be sent to the court?

4. Am I allowed to request that the court / judge conduct the hearing without my presence, due to health reasons? If so, should this be requested in the email to the court and if so, please could you help to word correctly?

5. Should I also request in the email that the defence and counterclaim be served to the Claimant by the court on my behalf, considering that I do not know the correct contact details for Claimant to serve?

6. When I have researched example defences / counterclaims online, I have noticed some refer to Acts - Such as the disability discrimination Act, protection from harassment Act and various other Acts relating to tenancies & properties. Are there any 'Acts' that could be quoted within my defence and counterclaim, relevant to the situation and might help the judge? If so, I am not sure which Acts are relevant, or where they could be included, or how they should be worded in relation to this claim?..... If there is anything else helpful, or relevant which you could add it would be appreciated.

7. I apologise, but yes, I do require spoon-feeding and step-by-step instruction to get this sent to the court in an appropriate manner asap.

Thank you so much for your help and I wish you a Happy New Year!

[Blueeyes1]

I uploaded the amended draft as word document - Not sure if have uploaded correctly for you to see?.... If you could possibly take a look and tidy/revise/reword my ammedments into better wording, would be very much appreciated.

[Blueeyes1]

Thank you so much for your help with the defence and counterclaim draft. I have filled in all of the gaps you indicated, coloured in blue, uploaded as a word document.

I am not sure if the gaps I have completed are correct and would very much appreciate if there was any possibility you could take a look at this today, and if possible at all, tidy / revise / reword / re-draft / add / delete / edit, however you think best.

I have received an email from the court stating that parties will be contacted before scheduled hearing on 7th Jan, if the hearing is not going ahead on that date.

I have not filed the defence and counterclaim yet, as hoping you might be about the tweak the edits in blue I had added, so that they are correct and/or in same style as the other parts you drafted. I would just like it to be as good as can be, and not sure if the parts I have added in blue are correct? If you are unable to see the draft I added with new ammendments, please let me know and I will try to upload again.

If you are able to help with this at all, would very much appreciate. Many Thanks

[Blueeyes1]

I forgot to say - In the part where it states what I am claiming for, I have included exemplary/punitive/aggravated/special damages, as I am not sure what term is used to describe these kinds of damages?

Also not sure for those kinds of damages for mental distress/physical illness/harassment etc, whether an amount of damages should be specified, or if that part is for the judge to decide a value?

Also, in the part where it states what I am asking the court to order, I am not sure if I am allowed to write what I have written, or whether any of that is correctly worded?

If you could possibly help at all with this, it would be very much appreciated.

[R0b]

HI, sorry I have not been able to look at it as I have been away over the Christmas and New Year period.

I will try to look at it later and add any comments

[Blueeyes1]

Thank you so much - Would very much appreciate if you could.

[R0b]

I have had a look and largely it makes sense although I would just make a couple of points for you to consider and then really you should get it off filed and sent to the defendant today whatever state it looks.

Para. 6 remove "This includes" as is not necessary. The "Particulars" heading is used to set out underneath it all examples.

Para. 8 you need cover off somewhere that the landlord failed to put the deposit into a deposit scheme as required by law if that is what you are alleging. That's where the right to recover 1-3 times amount (see Shelter advice here).

Para. 10 don't think this is necessary as that would be provided in your witness statement.

Para. 11 adds nothing that appealing to the judge for sympathy but as I said before, you don't get a pass from claims being brought against you or CCJs marked on your credit file simply because you have health issues. Up to you whether you keep it in but don't expect the court to add much weight to it.

As you already know my thoughts, this is not a particularly good defence and counterclaim since you don't have information about the particulars of claim itself so is really a punt into the dark. Your problems are going to be much harder since you are choosing not to attend any hearing in any format but that is your personal choice - you do need to inform the court that you will not be attending and really you should provide reasons why not and ask the court to continue in your absence.

Normally when you don't attend in person you file some kind of written submissions to explain your case but there is no time for that and you just need to hope and pray. Personally, I think you are going to lose and the judge will likely strike out your defence and counterclaim and judgment will be awarded in favour of the landlord.

You will then have the option to make further applications to set aside the strike out and/or appeal the decision but that will be an much much harder uphill struggle when you refuse to attend in person.

Good luck

[Blueeyes1]

Thank you so much for your help with this, it is very much appreciated.

I have had a look and largely it makes sense although I would just make a couple of points for you to consider and then really you should get it off filed and sent to the defendant today whatever state it looks. Do you mean the Claimant?... I am unable to send it to the Claimant, as unsure of the contact details to send it to.

Para. 6 remove "This includes" as is not necessary. The "Particulars" heading is used to set out underneath it all examples. Ok, I will remove that.

Para. 8 you need cover off somewhere that the landlord failed to put the deposit into a deposit scheme as required by law if that is what you are alleging. That's where the right to recover 1-3 times amount (see Shelter advice here). I am not claiming that the security deposit was not placed in a scheme. From what I can understand, the Claimant is claiming alleged rent arrears and ALSO the full amount of deposit in addition to that. I am claiming 3 times the amount of the deposit, under the same law that would be applied as if a landlord had failed to place in a scheme, as the deposit has been unlawfully retained and there were no "damages" caused to the property, for which it could be lawfully retained. Am I allowed to claim this? If so, please could you re-word that paragraph if you think required.

Para. 10 don't think this is necessary as that would be provided in your witness statement.

Para. 11 adds nothing that appealing to the judge for sympathy but as I said before, you don't get a pass from claims being brought against you or CCJs marked on your credit file simply because you have health issues. Up to you whether you keep it in but don't expect the court to add much weight to it. I am not looking for sympathy from anyone. If a creditor applies for a CCJ for alleged debt that was mis-sold to the defendant, they have a right to not have that CCJ registered against them. I see this as the same, in that the rental property was mis-sold to me - It is not simply a case of I owe money that I cannot afford to pay for health reasons - Those health reasons were caused by the Claimants unlawful behaviour and I should not be prevented from being able to obtain compensation that I am owed.

As you already know my thoughts, this is not a particularly good defence and counterclaim since you don't have information about the particulars of claim itself so is really a punt into the dark. Your problems are going to be much harder since you are choosing not to attend any hearing in any format but that is your personal choice - you do need to inform the court that you will not be attending and really you should provide reasons why not and ask the court to continue in your absence. I am not choosing to not attend a hearing. My health problems are out of my control and being exasperated by this situation. Choosing not to attend and being incapable of attending for health reasons are very different.

Normally when you don't attend in person you file some kind of written submissions to explain your case but there is no time for that and you just need to hope and pray. Personally, I think you are going to lose and the judge will likely strike out your defence and counterclaim and judgment will be awarded in favour of the landlord. I thought I was provided the judge with what he wanted? What else am I supposed to do - If I do nothing then I will have a CCJ against me. I am trying the best I can under the circumstances and hope the judge will award in my favour, otherwise I would be forever prevented from justice or compensation I am entitled to from the Claimant. I am in a no win situation really.

You will then have the option to make further applications to set aside the strike out and/or appeal the decision but that will be an much much harder uphill struggle when you refuse to attend in person.

Good luck

Is the aggravated / exemplary / special damages section claiming £100,000 ok? Or could that be revised in any better way? If so, please revise / re-word it.

To help me to get this sent to the court asap today, please could you confirm if this is ok to write in the email I send to the court and could you possibly re-word if possible:

Dear Sir / Madam,

As requested, please see attached defence and counterclaim and further help with fees application. I sincerely apologise for the lateness in providing this, which is due to ill health. I hope this is acceptable and will be considered by the Judge.

I will be unable to attend any court hearing by video link, or telephone, due to health problems and would therefore ask that the hearing take place in my absence.

I do not know the Claimants details to serve - Please could you kindly confirm if the court will be serving this defence and counterclaim to the Claimant on my behalf. I have also not received particulars of claim from the Claimant. Please confirm if any defence from the Claimant will be served to me by the court?

Kind regards

Is that acceptable?

[Blueeyes1]

I am planning to send the email within the next hour.

Please could you just confirm, the amount I am claiming of £100,000 for special damages - Is that acceptable?

From what I understand, a judge can award any amount equal to, or less than the amount claimed, but they cannot award any higher? Am I understanding that correctly? Should I specify any amount here, or leave unspecified for the judge to determined?

Should I change the amount to a lower figure? Would that make it any easier for the judge to award me any damages? Please advise