N244 Application to set-aside Possession Order & Bailiff Eviction notice received

[Legallyblond]

Could anybody else help?

[Legallyblond]

Am I allowed to name specific solicitors and legal representatives on here ? As I would love to do so.

Atticus.... Your name is not "Jeff", is it ?

[atticus]

was

When you say weak argument, do you mean theirs, or mine?

I don't see it as a weak argument on my part at all - The way I see it is they are digging themselves into a deeper hole, and if I am cross-examined about specific matters, then surely I should answer those arguments as fully as possible, rather than lie to the Judge?

You're not from the same chambers, are you ?

I was referring to yours, but that is my opinion. You may of course differ.

You appear not to have read my signature block.

[Legallyblond]

Could anybody else please help with this?... Just the name of these particular barristers chambers triggers all kinds of severe PTSD, due to them destroying my life, and how ironic I am now having to face them for current problems in my life - Which they are trying to use against me for what they did, representing claimant against me.

They are not a local barristers chambers, so am quite shocked at the irony.

The barristers arguments against me in his skeleton argument received today are directly related to the substantive damages his chambers caused me several years ago...

Should I state this information to the Judge, or should I (as a seemingly insignificant woman) say nothing ?

Please could anybody else advise?

[atticus]

I think that you need above all to identify what you need to establish to win, and to concentrate on those points. Think how you are going to do that.

Anything else is secondary.

[Legallyblond]

I think that you need above all to identify what you need to establish to win, and to concentrate on those points. Think how you are going to do that.

Anything else is secondary.

You don't seem to be understanding the situation. The barristers arguments against me are DIRECTLY related to damages to dispute with his chambers several years ago, which directly caused me substantive damages...

One of their barristers, who was acting for me, caused me loss of my home, my business, and over £50,000 financial loss, all because I refused to sleep with him. And I have suffered severe ongoing domino effect damages as a direct result of that.

Having had a legal dispute following this with his chambers, I find it disturbing that one of their barristers is now arguing directly against me, as a result of damages THEY caused.

Where is the justice in any of this ?

[atticus]

As you wish. I just hope that you understand the situation, and do not get sidetracked by matters that will not be central to what the judge has to decide.

[Legallyblond]

As you wish. I just hope that you understand the situation, and do not get sidetracked by matters that will not be central to what the judge has to decide.

You are again being very vague - Could somebody else please reply in laymans terms ?

[Legallyblond]

My hearing for application to set aside possession order was this morning and did not go in my favour.

The judge was very unfair towards me throughout. He was very prejudicial and judgmental towards my health conditions, particular my mental health conditions. I included a letter from my GP with my application, which states mental health diagnoses and medications, and references difficulties attending court hearings other than CVP video hearings, and asking the court to consider this. The judge completely dismissed the letter from my GP, stating it is nowhere near detailed enough, which is beyond my control. He did not specify what additional specific medical evidence is required exactly, and I have provided as much medical evidence as I possibly can.

He seemed to have zero fairness or reasonable consideration that I am unrepresented and a LIP. He unfairly and unreasonably favoured the smarmy arrogant barrister over me. He allowed the barrister to repeatedly speak over me when I was trying to answer questions and give evidence, and the judge also repeatedly spoke over me.

Everything I said, the judge then re-confirmed / repeated everything I said, however he completely twisted everything I said, clearly misinterpreted everything I said and made up things that I didn't even say.

He has not even allowed any further time before bailiff eviction on medical or exceptional hardship grounds and dismissed basically everything I said.

He admitted at the start of the hearing that he had only read the skeleton argument filed yesterday by the barrister, (which I have had no time to respond in writing to) but then later claimed he had read all previously filed evidence. He also admitted that he was the judge who had refused my previous applications to attend hearing by CVP, and then accused me of deliberately failing to attend the previous attended hearing. It is clear to me that he either has not read any of the previous case evidence, and/or has not fairly considered any of the evidence.

The entire hearing was very unfair towards me, and I felt the judge was very discriminative towards me due to me being female, vulnerable, unrepresented and disabled. Also judges' manner towards me prevented me from being able to give oral evidence properly. He also questioned me on a number of things, but then repeatedly spoke over me, rushed me to speak and kept saying he had many other cases to deal with today, and failed to listen or reasonably consider anything I said.

I felt my arguments against the skeleton argument were strong and valid, but he did not reasonably listen to, or consider anything I said and had unfairly judged me before the hearing even began. He also said at the end, when speaking to the other side, that if "she" makes any further applications, they will be going through him.

Part of my application was for permission to file a more detailed / properly particularised Defence / Counterclaim, which he completely ignored. The way I understood it was that parties have to have permission from the court to file any further evidence, as per stated in previous court order, which is why I have not yet filed this. Have I misunderstood that? Am I allowed to file a more detailed / properly particulurised defence / counterclaim without specific permission from the court, as this is not really new evidence, it is just properly particularised / more detailed?

Also, part of the skeleton argument received yesterday differs to what the claimant originally claimed, however the judge dismissed me when I mentioned this.

Am I allowed to make a further application to set-aside / suspend the bailiff eviction?

If so, would that be another application to set-aside the possession order, or would I now need to make an application to suspend the bailiff eviction warrant, which I assume is now re-instated? Or should I make applications for both?

What should I file with a further application, considering very little time? A further witness statement? Skelton argument? Properly particularised Defence / Counterclaim, or all 3?

What grounds do I have to make a further application? And how should that be worded on application form?

Please help as quickly as possible. Many Thanks in advance for any help with this.

[Legallyblond]

Sorry, so to clarify, my questions are:

1. Am I allowed to make a further application to set-aside possession order, and/or suspend bailiff eviction warrant, or would I now need to make both separate applications? I am so confused?

2. If my application is on the grounds of unfair treatment / discrimination by the judge, surely it cannot be the same judge who deals with my application? How exactly should this be worded in application?

3. I doubt I would be able to obtain any additional medical evidence in time, other than what I have already provided for the court. What else can/should I include with further application? Am I allowed to submit more detailed / properly particularised Defence / Counterclaim without specific permission from the court to file this?

4. Should I include a further witness statement as well, or would a briefly worded N244 application form be sufficient?

5. Is an eviction warrant suspended as soon as application to suspend is filed?

I didn't have any expectations of how the hearing would go, and have been up all night unable to sleep and having panic attacks, but am still very shocked at how unfairly I was treated by the judge.

Please could anybody help urgently, as would like to get application filed as quickly as possible.

[Legallyblond]

Please can anybody help with further application? I would like to get something filed at the court as quickly as possible and would appreciate some help wording this in the best, clearest possible way.

[Legallyblond]

In addition to above posts, I don't know if this helps at all, but the judge claims that I had no good reason to not attend the previous trial hearing, which was an attended hearing in court building, and states that I deliberately failed to attend. This is not true and I made several applications, in plenty of time, to attend that trial hearing remotely via CVP, as that was the only way I would be able to attend, backed up by valid reasons and also additional medical evidence, all of which were unreasonably refused by the same judge, therefore preventing me from attending the hearing at all.

[Legallyblond]

Can anybody help with this ?

[Legallyblond]

Anyone ?

[islandgirl]

I am so sorry you had such a difficult day in court. The stress must be terrible. The issues are so complex, detailed, long standing and wide ranging that it is unlikely anyone can give you detailed advice though perhaps another member can do so. I have no idea on these matters so cannot assist you at all other than to wish you well.