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Urgent help needed with defence and counterclaim

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  • #91
    I have received another court order following my appeal. Can anyone help with this?

    I have tried my best to follow your instructions, but not received any replies for some time?

    Comment


    • #92
      Celestine may be able to look in

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      • #93
        Anyone ?

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        • #94
          Thank you for the help provided with this so far - I never would have been able to file a properly pleaded defence and counterclaim, or applications without your help.

          I have applied for hearing transcript, but not yet received.

          I have received another court order, which states a deadline that I should file and serve a witness statement with supporting evidence, setting out why I failed to comply with the previous order and why I was unable to attend most recent hearing.

          And that the application will be listed in front of a district judge with time estimate of 45 mins - Hearing notice to follow. It also states if I object to the order I can make an application to have it set aside, varied or stayed within 7 days of receiving it.

          I think I have an idea now of how to set out a witness statement. I am not sure if my medical evidence will be acceptable - All I can provide in addition to statement is a fit note and a copy of doctors letter which was sent to claimant several months ago, which makes reference to the same health conditions. Would that be acceptable for the court?

          Will this hearing be solely to decide if I am allowed to appeal? And then if application to appeal is successful at this hearing, will there then be another hearing scheduled to hear the full case, or is that what this hearing is for?

          Should I also prepare and file other evidence and bundle, with supporting evidence for my defence and counterclaim, such as photographs, emails etc, to submit along with the witness statement? Or just file the witness statement exactly as the judge has ordered?

          I don't have ability to print anything at the moment - When serving documents to the claimant, is email acceptable?

          I have not yet received the hearing notice, but have received an email from a different court, marked as urgent, asking me to confirm urgently if I can attend the hearing. I have not received court transcript yet and unsure how soon this hearing is going to be.... I am worried I might struggle to file properly presented documents in time.... Should I apply for a further extension of time, such as 2 or 3 months, owing to medical grounds to give me sufficient time to prepare?

          The email from the court states the hearing will be via CVP. I am worried I might have difficulty with a video hearing - Can I request telephone hearing instead?

          Apologies for so many questions - Would very much appreciate if anybody could answer. Many Thanks

          Comment


          • #95
            I hope somebody may be able to help with the questions in my previous post.

            Also, I am trying to decide how best to present my case and what pieces of evidence I should file to the court.... As I am thinking it might be better to select a few key pieces of evidence, rather than everything - As that would be hundreds of pages of documents / evidence...

            I don't want to give too much information online, but did some digging on the claimant yesterday. The claimant works in the NHS in a fairly "respected" position and have found public social media accounts of them advocating suicide prevention, and Covid prevention.... There are also images of claimant posing for "selfies" with a patient actually being operated on in the background... I personally find this incredibly unprofessional and disturbing...

            This is so ironic to me, as considering the disgusting condition this person rented their property to me, and the grossly negligent manner they exposed a very high-risk person to Covid, with absolutely no regard for my health, well-being or life.... In addition to actually making me feel suicidal as a result of their harassment and threats, I just find this shocking...

            I have also found online a court document the claimant filed some years ago, in another country claiming damages for medical negligence..... It's just so ironic to me that this person would act so maliciously towards me and cause me such significant damage, risk and negligence to my own health and well-being, given that they are supposedly a respectable "medical professional" themselves...

            Should I include any of this information as evidence in supports of my claims?

            Comment


            • #96
              I forgot to add in previous post - The landlord added some unreasonable clauses to the tenancy agreement. I wasn't able to see the tenancy agreement until the day I moved in and was made to sign it all without any chance to read it. The letting also did not provide me with copy of agreement signed by landlord, which I had to chase for them to eventually send it to me.

              The clauses added were that I was not to wear heels on the expensive hallway flooring and was to ensure I used a specific cleaning product on that floor. Another clause was that the dishwasher included in tenancy would not be replaced by landlord in the event of it breaking and tenant would be liable to pay for replacement. And another was that I would be responsible for having all carpets professionally cleaned at end of tenancy.

              The expensive flooring was already heavily scratched, which was noted on the inventory. The dishwasher, which was fitted/intergrated into kitchen I found was not working properly and on it's last legs as was 10-15 years old. And the carpets were barely vacuumed before the start of tenancy and most definitely not professionally cleaned before I moved in. The carpets were very worn, threadbare, visible dirt, grimy, mouse droppings, holes, heavily stained, areas that had been cut, edges looked as though they hadn't been vacuumed for years and also sharp pins scattered around within the carpets.

              I contacted the letting agency about the carpet clause and asked them to remove it, due to the state of the carpets when I moved in. The letting agent were not pleasant to deal with but did eventually agree to remove the clause due to landlord betterment laws.

              I wasn't going to included the above evidence in my claim, as I felt my other points / evidence would be strong enough - Do you think I should included this? Would it help my claim at all?

              Comment

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              SHORTCUTS


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              Income/Expenditure
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              CCA Request
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              Subject Access Request Letter
              Example Defence
              Set Aside Application
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              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





              NOTE: If you receive a court claim note these dates in your calendar ...
              Acknowledge Claim - within 14 days from Service

              Defend Claim - within 28 days from Service (IF you acknowledged in time)

              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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