Hi everyone, I am desperate for some advice and help so please bear with me on what is an extremely difficult and complex case.
There are several elements to my case, but I will try to summarize as best as I can.
I need advice on pursuing a claim for harassment against a former landlord and potentially a appeal against civil court proceedings concluded last week.
I took a civil claim against him because when I fled his property quickly (to a refuge) as a result of his threatening behaviour which culminated in a threat of sexual violence I left belongings behind.
I returned to collect them 28 days after fleeing to find that he had destroyed all of my possessions.
I spent 3 months at the refuge which had a massive impact on my health and I have subsequently taken civil court proceedings.
The Defendant used to refer to me as "slut" or "bitch" even though I asked him several times not to. I have evidence of this from text messages from him which state "I own you slut" etc in them. Just for clarification, he propositioned me a few times and took offense when I rejected him. There was never any sort of intimacy between us. I made it clear that I was not interested.
What transpired after I left the property was that the Defendant had been taking covert video recordings of me around the home and posting these online with "fat slut" or "bitch broke my washing machine" alongside. I feel SO violated.
Unfortunately as a litigant in person the court proceedings were extremely difficult and when I filled in the original Particulars of claim form (N1) I merely listed the belongings that were destroyed or retained.
I made reference to the harassment element of my claim, but didn't specifically mention it (although I was specific in my witness statement and expressly stated that I was making the claim for damages for harassment and damage to belongings under the torts interference with goods act) So therefore when we got to the final hearing, the judge refused to hear the harassment element of my claim.
Additionally the Defendant failed to comply with deadlines, Mediation or anything throughout the entire court proceedings and was allowed to make a mockery of me and of the system.
During the final hearing last week, I tried to get his Witness Statement struck out as it was NOT verified by a statement of truth, was not compliant and was full of glaring inconsistencies, but the judge refused.
I was also seeking costs due to the unreasonable behaviour of the Defendant, but because the claim was on the small claims track the judge even refused that. I was as annoyed and I feel so badly let down.
So that brings me to the reason why I am here. The purpose of taking these proceedings is that I wanted the Defendant to face some consequences of his abhorrent behaviour and although I won (£480.00 of my original claim of £1,800 not including £524.00 costs) I don't feel that he has suffered any consequence. He was arrogant and cocky in court as usual and needs to be brought down a peg or 2 to realise that his behaviour is not acceptable.
I am wondering what the next steps might be; do I issue a separate harassment claim (and how do I quantify the harassment element in money terms) or appeal against the decision made in the court last week and how do I do this with no legal representation?
Just to clarify I am also considering making a legal aid exceptional case funding application because I don't feel able to represent myself in such a difficult and emotive case.
Any help, advice or tips would be SO gratefully received and appreciated.
Thank you
There are several elements to my case, but I will try to summarize as best as I can.
I need advice on pursuing a claim for harassment against a former landlord and potentially a appeal against civil court proceedings concluded last week.
I took a civil claim against him because when I fled his property quickly (to a refuge) as a result of his threatening behaviour which culminated in a threat of sexual violence I left belongings behind.
I returned to collect them 28 days after fleeing to find that he had destroyed all of my possessions.
I spent 3 months at the refuge which had a massive impact on my health and I have subsequently taken civil court proceedings.
The Defendant used to refer to me as "slut" or "bitch" even though I asked him several times not to. I have evidence of this from text messages from him which state "I own you slut" etc in them. Just for clarification, he propositioned me a few times and took offense when I rejected him. There was never any sort of intimacy between us. I made it clear that I was not interested.
What transpired after I left the property was that the Defendant had been taking covert video recordings of me around the home and posting these online with "fat slut" or "bitch broke my washing machine" alongside. I feel SO violated.
Unfortunately as a litigant in person the court proceedings were extremely difficult and when I filled in the original Particulars of claim form (N1) I merely listed the belongings that were destroyed or retained.
I made reference to the harassment element of my claim, but didn't specifically mention it (although I was specific in my witness statement and expressly stated that I was making the claim for damages for harassment and damage to belongings under the torts interference with goods act) So therefore when we got to the final hearing, the judge refused to hear the harassment element of my claim.
Additionally the Defendant failed to comply with deadlines, Mediation or anything throughout the entire court proceedings and was allowed to make a mockery of me and of the system.
During the final hearing last week, I tried to get his Witness Statement struck out as it was NOT verified by a statement of truth, was not compliant and was full of glaring inconsistencies, but the judge refused.
I was also seeking costs due to the unreasonable behaviour of the Defendant, but because the claim was on the small claims track the judge even refused that. I was as annoyed and I feel so badly let down.
So that brings me to the reason why I am here. The purpose of taking these proceedings is that I wanted the Defendant to face some consequences of his abhorrent behaviour and although I won (£480.00 of my original claim of £1,800 not including £524.00 costs) I don't feel that he has suffered any consequence. He was arrogant and cocky in court as usual and needs to be brought down a peg or 2 to realise that his behaviour is not acceptable.
I am wondering what the next steps might be; do I issue a separate harassment claim (and how do I quantify the harassment element in money terms) or appeal against the decision made in the court last week and how do I do this with no legal representation?
Just to clarify I am also considering making a legal aid exceptional case funding application because I don't feel able to represent myself in such a difficult and emotive case.
Any help, advice or tips would be SO gratefully received and appreciated.
Thank you
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