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Personal Injury Liability

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  • #46
    para 1 Not a good idea.
    para 2 6 years Limitation Act
    para 3 No

    You are a well seasoned litigator so you will be well aware of time limits in court proceedings - there is no leeway on that for LIPs

    You have not yet posted up the particular of the claims against you and your proposed defences nor any details of any proposed counterclaims. Without sight of those it is impossible for anyone on this planet to give you any objective assistance.

    Comment


    • #47
      I am not a seasoned litigator, just a defendant of multiple, repeated unlawful possession action and SLAPP claims against me. No I am not aware of all time limits in court proceedings, hence asking questions on here, to save me having to spend many hours/days trying to research and learn court processes and time limits myself. That's what I thought the idea of this forum was.

      I thought I read somewhere that a previous landlord has a time limit (of something like 21 days maybe) to claim for alleged property damage, and believe this was exceeded, as I received details of claim about 6 weeks after moving home, whilst simultaneously also being served s8 eviction notice for current home, all served by the same solicitors firm.

      I am confused by time limits for evidence to be filed etc, as the solicitor acting for both claimants, seems to keep repeatedly filing new evidence and new allegations against me, only a few days before court hearings, leaving me very limited time to respond or reply to various new allegations, forcing me to repeatedly spend unreasonable amounts of what little time and energy I have, trying to file replies to their various allegations.

      CLAIM 1 (Farmers / Previous Landlords):

      - They are claiming for rent arrears and alleged property damage.

      - My defence against the rent arrears is that the rent arrears only accrued as a direct result of their unlawful S21 possession action / harassment etc, which caused me substantive financial losses, prevented me from working, financial hardship etc.

      - My defence against the alleged property damage is that the alleged damages claimed are false, fraudulent, wholly exagerrated and amount to a breach of landlord betterment laws. Any alleged damage / cleaning costs would not have exceeded the amount of my security deposit and the alleged damages were caused as a direct result of the landlords actions of repeatedly harassing, traumatising and terrorizing myself and my pets, with the deliberate misuse of chemical weapons and bird-scaring guns, which terrorised my cats, one of which then started spraying due to stress. As an example, the claimant is claiming for new carpets and flooring throughout the entire property. My pets did not even have access to any upstairs rooms and the only stained carpet was in the living room. They are also claiming for some damages that were already present before I moved in (and are evidenced on the check-in inventory). Also, after vacating the property, I returned back to the property to clean, and was deliberately prevented from doing so by the landlord, who turned up to threaten and intimidate me further, so was unable to complete cleaning.

      - My counterclaim is for return of rent monies paid, as I had zero quiet enjoyment of the property from the very beginning of tenancy, due to repeated harassment, stalking and threats made by both the landlords and their letting agents, breaches of contract, uninhabitable living conditions due to unlawful crop spraying etc, unlawful possession action, financial losses, various injuries caused to myself and my pets, and deliberately sabotaging my current tenancy.


      CLAIM 2 (Current Landlord)

      - They are claiming S8 possession on grounds of alleged false statement made by me, for being unable to accommodate property inspection on their demand only 6 weeks into tenancy, and due to them being contacted by the farmers who made false and defamatory allegations about me, claiming to the new landlords that I had allegedly caused "tens of thousands of pounds of damages" to the previous property.

      - My defence is that the grounds relied upon for possession are false / invalid / unlawful / malicious / retaliatory.

      - My counterclaim is for: False statements made by landlord and their letting agents to induce the tenancy, unlawful possession action, deprivation of any quiet enjoyment of the property, return of rent monies paid and security deposit, financial losses and illness caused, failure to provide working heating and hot water on commencing the tenancy and failure to rectify, physical assault by the letting agent when I collected the keys for the property and repeated harassment and threats from the landlord and their letting/managing agents and their solicitors.



      Last edited by DMC24; 16th February 2024, 14:26:PM.

      Comment


      • #48
        Is anyone able to help, or answer any legal questions ?

        Comment


        • #49
          This seems to remain to be just an absolute waste of what very little time and energy I have.

          And Yes, you are absolutely right, this is like "knitting with noodles". Why don't you just close the thread and block my username, like you have multiple times before.

          Take care .

          Comment

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          SHORTCUTS


          First Steps
          Check dates
          Income/Expenditure
          Acknowledge Claim
          CCA Request
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          Subject Access Request Letter
          Example Defence
          Set Aside Application
          Directions Questionnaire



          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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