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Need to restart claim after discontinuance

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  • Need to restart claim after discontinuance

    I have been fighting a disrepair claim with my landlord a london Council. for 17 years of disrepairs
    There has already been a court case which ended in a trial in 2015 where they promised the Judge they would complete the repairs but did a few jobs and left the most important outstanding damp since 2007 and an electrical rewire they informed me in writing must be carried out to comply with the law in 2009


    it all began after my roof was damaged by my neighbours in 2007. This was abandoned and failed to be repaired by landlord until 2012, where rain water seeped through my house and has resulted in my home being condemned last year as not fit for human habitation by my surveyor, who I first hired in 2012 and despite landlord stating my claims of disrepairs had no merit for 3 years they hired him for the trial in 2p15. I believe the roof has failed again, but landlord has failed to investigate this. Before 2007 my home never suffered any damp issues.

    I even wrote to kier starmer before he was PM in 2022 who wrote to camdens solicitor to chase up my disrepair, they lied to him on so many things even saying I was only a tenant for ten years when I have been a tenant at my home for 35 years she said that I was very dificult and refused to let camden employees inspect my home.. another lie, I had only refused one person, the evil man who in court in 2015 had promised to carry out all the work, he even wrote to me after saying all the things he would do but did hardly anything, took a year to do very litte, but after commisioning a damp survey did NONE Of the recomendations, so I believe I was within my rights to reufse this man, in writing I said I was happy for anyone to come but him she even told kier that they would find me a decant home and carry out the repairs only when I left, but they havnt even offered me one place, they told me to bid on a homeless site, where I am constantly outbid, and the only place I was offered was in worse disrepair than mine with LOADS of damp..

    I submitted a claim for disrepairs in the court in May 2022, and there was to be a Trial a week ago, but due to the utterly dishonorable conduct of landlords legal team, I suffered a heart attack a month ago for the first time and withdrew my claim a week ago just before the trial as I feared it would kill me,

    I had for months asked the legal team to work with me on an index and bundle but they refused despite me being a litigant in person and being very sick which my landlord caused
    when I told them about the heart attack they finally sent me an index but with nothing in it just headers for sections
    I sent them my complete bundle a week later which was uptil then in chronological order, and said I was amending it to be in section soon
    a week later I sent them my paginated index

    they had told me 3 days before deadline for filing bundle in an email I had to remove everything from my bundle pre 2021 which for a case that was 17 years old totally was outrageous, and said they would send me their bundle soooon of what should be included..I initially wrote right back and refused

    but stayed up all night and started to work and removing all I could to please them
    but by 8am I had gone utterly mad and told them I was complying with their demands and amending my bundle
    but i also was given an offer to settle which closed at 4pm that day and said I give up and was ready to settle
    which they had asked me to make a figure for my costs, and I asked for alot for costs, but it only paid me about 50p an hour for all the work I did
    .. they totally ignored my offer to settle

    and then at 5.09pm with less than one working day to file they wrote to me finally sending their bundle as I had to file the next day by 4pm

    But the worse thing was they had intitally given me an index where my section as the claimant was C to put my evidence. but in their demands they told me I couldnt put anything there, I had to put all my evidence at the end, when as the defendant their evidence should be at the end... but the worst bit at the end they allocated me 10 pages!!!!!!!!!!!!!!!!! for ALL my evidence of 17 years!!!!!!!!!!!!???
    Part of their evidence was 75 pages of my rambiling emails to them begging them over the prevoious year to please help me, to carry out the repairs. to stop lying about me, to stop terrorising me bascially the ramblings of a women they drove utterly crazy and sick

    I stayed up all night working on trying to rework my bundle even more, cutting as much as I could until found it was crazy , then started putting things back in, and decided in the end to just present my evidence and in my witness statement I explained what they did, and appologised for not complying with landlords demands, but stated they were being unreasonable

    So I rearanging my bundle taking things out, putting them back in going totally mad, my heart was in absolute agony by now, by1am I started printing, while still working on aligning my bundle, amending my witness statement and skeleton argument references ect..
    but by 3pm I was sweating so badly and my heart felt it was in a vice, I was only 5 mins from the courts by taxi, I could have made the last mad rush, but at 3.30 I just said thats it, I cant kill myself. I give up

    I still thought about filing, the next day late, but I ended up deciding to discontinue my claim and give up completely
    as soon as I sent it landlords barrister emailed me saying landlord wanted to settle and could he call me later that day, I dont think they got the discontinuance intime
    so anyway I agreed to settle and asked him to call
    he didnt
    but emailed me at 4pm saying his clients wanted to discuss things and he would get back to me the following day

    Over the night I decide I was going to fight this again
    I wrote to him my plan
    that I would settle for 7k more than they offered when previously I asked for 12k extra
    if they refused
    that I was going to the head of the council asking him to settle this claim
    and failing that going to ask kier starmers team to help me
    and failing that
    I was going to go back to court
    then he never responded
    2 days later the evil landlords solicitor emailed me
    saying we could charge you costs, but will kindly not ask you for anyting if you drop your claim
    and do nothing

    After this I contacted head of council hes ignored me,
    kier starmers team who use to respond within 24 hours and kept saying really sympathetic things and said until your claim is out of litigation we cant do anything
    but I wrote to them now ten days ago and theyve also blanked me

    I was hoping to give these two parties 3 months before trying to go back to court
    which would also give my heart some much needed time out
    as I am really badly dyslexic as also very sick

    But now I think I should just go back to court and ask now to start a fresh claim as the old one was such a mess, with them constanly lying about things saying I hadnt filed things, or did it late, which I didnt I had permission.
    For eg stating I didnt file a seperate schedule of loss
    but I did it like my solicitor who I had at start
    only seeking rent renumeration
    and was only seeking 15-25k
    yet when I filed landlord refused to offer a penny,
    and after 7 years of my claims worth as filed in 22 and was able to claim back 6 years prior to that,
    only when my home was condemend landlord offered 7k which isnt even one years of rent?


    Ive developed a dealy auto immune disease in 2019 after I carried out 6 months of extensive damp works to my home as Camden refused to do anything, and were ignoring all my requests. A day after I completed this work, I awoke with hands and feet so swollen you couldnt see any bones, and my limbs were all burningI have developed an array of issues, where before 50 I was a healthy person who rode my bike everyday, but I had to give it away due to the pain in my back. I have developed a constant sore throat which sometimes my tongue and mouth burns and goes numb, I suffer problem with breathing, swelling in my brain, my eyes, my liver, and most recently a swelling in my heart and lungs giving me extreme symptoms of a heart attack on 7.7.24 for the first time, where bloods showed my immune system was clearly in crisis from the A&E Blood tests. My son who had no physical problems until a couple of years ago, began coughing occasionally, but now he is constantly coughing and has problems breathing, and in the last couple of years,His bedroom and mine are the worst damp rooms in our home

    so what are peoples thoughts on my rights and chances
    theres so much more
    courts really messed up loads of things
    but I will raise these delicately

    for eg at trail in 2015 judge who previosly ordered me to limit 300 pages of correspondance to 20 pages, and 100 pages of pictures to 20, then when I filed a bundle with 600 pages..
    She claimed she couldnt find my bundle and gagged me from discussing anyting pertaining to my bundle
    so then everytime I said anyting lanlord looked through my bundle and said no she cant discuss that its in her bundle and judge agreed
    and then landlord lied about loads of things
    2 days after trial court confrrimed in writing they did recieve my bundle

    Many thanks sorry so long








    Tags: None

  • #2
    sorry your post is very long and I do not understand your question at all.

    Based on your title, to reinstate after discontainuce, its an N244 form with the £119.00 / £303.00 fee.

    I hope this helps

    Comment


    • #3
      CPR 38.7 - a claimant who has discontinued a claim must obtain permission of the court to bring a new claim. against the same defendant arising out of substantially the same facts.

      https://www.justice.gov.uk/courts/pr...es/part38#38.7
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        You stated that at the trial in 2015 the court ordered your landlord to carry out repair work and the landlord failed to comply with the court order (didn't carry out rewiring and cure damp). Both these defects are hazardous to health.
        What did your solicitor advise at the time regarding the landlord's failure?

        You also wrote the defendant employed your surveyor. Have you obtained a copy of the report the surveyor produced for Camden council?

        Comment


        • #5
          Please read the information provided by Shelter England at http://www.england.shelter.org.uk/ho...sociation_home
          Have you considered making a complaint to the council then referring your complaint to the Housing Ombudsman
          This is a free service. Most of the Housing Ombudsman's complaints are about housing repairs

          Comment


          • #6
            Originally posted by Pezza54 View Post
            You stated that at the trial in 2015 the court ordered your landlord to carry out repair work and the landlord failed to comply with the court order (didn't carry out rewiring and cure damp). Both these defects are hazardous to health.
            What did your solicitor advise at the time regarding the landlord's failure?

            You also wrote the defendant employed your surveyor. Have you obtained a copy of the report the surveyor produced for Camden council?
            Hi Many thanks for your response.. First I miswrote the Judge asked not ordered camden to fix the repairs, I was a litigant in person. Despite in writing Camden council took out a survey after the trial, which recomended alot of damp proofing, Camden council told me they would do the damp proofing they did nothing.. The surveyor I hired last year who condemned my property for the damp, also said even with safe wring the electrics would be compromised by the damp, as such my home is unfit due to damp 100% of property and the elctrics which could cause a serious risk to life.
            Me and my son have developed auto immune diseases in last 5 years, coughing really badly ... and loads of health issues where prior to 2019 our health was perfect physicially , though mentall its suffered alot due to the growing disrepairs since 2007 where me and my son were at University at 2012 but both had to quit as my partner my sons father went nuts from the repairs and began to beat and strangle me, which I forgave as he was under so much pressure, but finally eneded it in June 2012 when he turned on his son for first time

            Comment


            • #7
              Originally posted by atticus View Post
              CPR 38.7 - a claimant who has discontinued a claim must obtain permission of the court to bring a new claim. against the same defendant arising out of substantially the same facts.

              https://www.justice.gov.uk/courts/pr...es/part38#38.7
              hence n244....

              Comment


              • #8
                Did you consider the Housing Ombudsman?

                Comment


                • #9
                  Originally posted by Pezza54 View Post
                  Did you consider the Housing Ombudsman?
                  No I find them utterly corrupt as in the past they just offer me £50 compensation for a bathroom with tiles falling off, when on my own I got £800
                  But thank you for your suggestion
                  I fear I will just have to go back to court
                  and explain all the failings by camden council

                  Comment


                  • #10
                    Originally posted by JK2054 View Post

                    hence n244....
                    Thanks I know about N244, ive done loads of these
                    thank you for your reply

                    Comment


                    • #11
                      Originally posted by atticus View Post
                      CPR 38.7 - a claimant who has discontinued a claim must obtain permission of the court to bring a new claim. against the same defendant arising out of substantially the same facts.

                      https://www.justice.gov.uk/courts/pr...es/part38#38.7
                      Many thanks for your reply and the link for litigants in person, great help. Thanks for your support

                      Comment


                      • #12
                        Originally posted by JK2054 View Post
                        sorry your post is very long and I do not understand your question at all.

                        Based on your title, to reinstate after discontainuce, its an N244 form with the £119.00 / £303.00 fee.

                        I hope this helps
                        Thanks for your reply, sorry it was so long, Im badly dyslexic and its made worse by 17 years of disrepairs. Basically I was asking do people think I have a case to bring this back to court. I will start a fresh claim, and make an application with the N244 form..
                        Im dreading it as I know camden will object, but thats all they do. for 3 years at the start of litiagation they claimed I had no merit to my case, lying to the court saying there were no disrepairs. When I had everything in writing.

                        Comment


                        • #13
                          no you dont bring a fresh claim and make an application, you make the application first.

                          Comment


                          • #14
                            Originally posted by JK2054 View Post
                            no you dont bring a fresh claim and make an application, you make the application first.
                            Ahh thanks for the heads up. Ill make the Application first, I though you are meant to also submit the claim form with it, but I will follow your guidance and make a fresh claim..Many thanks

                            Comment


                            • #15
                              Originally posted by JK2054 View Post
                              no you dont bring a fresh claim and make an application, you make the application first.
                              How much evidence can I include to show my landlord were totally corrupt .. what would be the maximum pages. Many thanks

                              Comment

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