Problems with neighbour - bad building, trespass, intimidation, property damage

[nw0307]

Yes, so the court are acing of their own volition to this, as I said the court clerks when irregularities arise throw it in front of a judge and the judge has set a hearing to try to figure out what the Claimant is playing at.

If I were you I would submit a Witness Statement for the hearing to get your objections in, being:

CPR Part 20 allows the Defendant opportunity to Counterclaim or make 'Additional Claims,' but you are unable to see either in Part 20 or elsewhere that a Part 20 Defendant would be entitled to make any other claim.

That you believe procedurally the Claimant ought to apply to the court to amend his Particulars of Claim.

And in that scenario if the court granted amendment the Defendant be granted leave to amend their Defence.

Then something like 'I respectfully request an order that the 'Defence to Counterclaim and Counter Counterclaim' (use whatever title the Claimant put on the document) submitted by the Part 20 Defendant be struck out and that the court invite the Part 20 Defendant to submit a 'Defence to Counterclaim.'

'Further I also respectfully request in that order it is noted that should either party wish to amend their Statement of Case that they make the proper application with the proper fee.'

The reason for wording it that way is as a Litigant in Person you don't want to be telling a judge their job, but you still need to point out the stupidity.

Entitle it 'Preliminary Hearing Witness Statement.'

Serve a copy on the Claimant/Part 20 Defendant and a file a copy with the court.

I'd be surprised if you'll have to say very much at all in the preliminary hearing.

You might not think it, but if this judge ends up staying with the claim to the final hearing you are looking like the credible and capable one right now.

That's brilliant. Thank you Jaguar. It doesn't surprise me this Claimant is doing this. He thinks he's Rumpole of the Bailey and likes to conduct his own kangaroo court but he's just a bit of an idiot really. My solicitors at the time, had a really hard time trying to understand all his arguments, threats, and contradictions so that's why I stopped using them to liaise with him as all he was doing was deliberately trying to rack up my legal costs.

I'll contact the mediation service this week too, just to show willing, but I can't imagine any kind of mediation would work with this man. Especially if the mediator is a woman as he seems to have a real dislike of women in general! Let's hope the Judge is one too! ha ha

[nw0307]

Just a quick update. I've received a letter from the court saying that the Claimant had tried to file a defence to counterclaim with a counter counterclaim and this cannot be done. They have written to the Claimant stating he has to apply for an amendment. Since he's now trying to increase the claim amount by 30% with invoices he was in possession of two months before the claim was started, how likely is he to be successful at this, and do I write to the court with my objections? Obviously I would have to amend my defence as he's trying to add two new parts to the particulars of claim.

I've emailed mediation for a date for that anyway. However, I'm wondering with the Preliminary hearing set for May, would the Judge look at this and realise that the Claimants are simply trying to widen the issues and not narrow them? The court has stated it's paramount to narrow the issues and the claimants are still trying to add more and more issues in a similar way they did when speaking to my solicitors.

Would I be best waiting to see if the idiot tries to apply for an amendment, or writing to the court to say he's adding more issues to an already over complicated case when it doesn't need to be? He's confusing matters and I'm now not knowing what I do next.

any advice would be most welcome.

[jaguarsuk]

Just a quick update. I've received a letter from the court saying that the Claimant had tried to file a defence to counterclaim with a counter counterclaim and this cannot be done. They have written to the Claimant stating he has to apply for an amendment. Since he's now trying to increase the claim amount by 30% with invoices he was in possession of two months before the claim was started, how likely is he to be successful at this, and do I write to the court with my objections? Obviously I would have to amend my defence as he's trying to add two new parts to the particulars of claim.

I've emailed mediation for a date for that anyway. However, I'm wondering with the Preliminary hearing set for May, would the Judge look at this and realise that the Claimants are simply trying to widen the issues and not narrow them? The court has stated it's paramount to narrow the issues and the claimants are still trying to add more and more issues in a similar way they did when speaking to my solicitors.

Would I be best waiting to see if the idiot tries to apply for an amendment, or writing to the court to say he's adding more issues to an already over complicated case when it doesn't need to be? He's confusing matters and I'm now not knowing what I do next.

any advice would be most welcome.

I would wait and see what the Claimant does if it were me. If he wants to amend the Particulars of Claim he'll have to pay £275 to apply, he may decide that he doesn't want to add to his claim when there is a cost involved.

Is there any order as to filing a 'Defence to Counterclaim' again?

If he does apply to amend the PoC you can oppose that with a Witness Statement and a judge will decide on the whether they allow the amendment. Part of your opposition would be to ask that if the court allow it that you be allowed to amend your defence, but it is a given that if the Claimant amends their claim you are entitled to amend your defence.

[nw0307]

Just a quick update. The Claimants don't appear to have applied to change their claim. Illogical anyway as the new claim amount is nearly the same as the cost of changing it. I had court mediation on Thursday. We didn't reach an agreement but I was sure that would be the case anyway. The mediator actually chatted to me a little afterwards and answered questions about the prelim hearing. She said due to covid, they try to do short hearings where the Judge reads all the documents and hopefully can make a decision at the hearing itself. So I'm currently drafting my witness statement and gathering all the necessary evidence for that.

It did seem the neighbour only gave her a very biased version of events at first and I filled her in on the details. I also managed to get in the fact that he is still trying to use this and other issues as a reason to try and seek forfeiture of my property, along with the harassment. I also managed to add they had had multiple disputes with neighbours in the past that had ended up in court. I don't think she was too impressed with him in the end.

[echat11]

Mediation only works if both parties have a mind set to settle the matter, clearly from what you say about him, that was never going to be the case.

https://legalbeagles.info/forums/for...ness-statement

[nw0307]

I got my witness statement done with all the evidence and sent it before the deadline. The other party decided to wait to read my documents first, then turned up at my door with 5 minutes to deadline, posting their stuff through the door and videoing themselves. Rolleyes.

I think I have done a pretty good statement - not allowing personal feelings or opinions get in the way. Only stating the facts and a brief summary of the background facts to the start of the dispute. I managed to provide evidence for nearly all the points I wanted to make.

The Claimants on the other hand......well, what can I say? Both their statements were full of nasty remarks, defamatory statements not backed up with any evidence. Most of it didn't even address the claim. Just ranting all the way through it. Both were embarrassing to read, and more importantly I have evidence to show that they are both lying.

The worst part, which I'm sure the Judge will address, is that the woman started ranting about a plan she thought I'd be presenting on my own statement, which didn't happen at all and was kind of ranting a story in her own head?? It was a full page of, quite frankly, theories and hatred that was in her consciousness and not reality. This started by saying I was using a fallen roof tile to suggest I couldn't get to my property???, then I would use this tile to say it's injured me and I've been using the tile to take photos to falsify evidence against them. I've taken no such photos, been injured, or anything lol.

They've also sent evidence where some of the documents are missing pages which I think is quite deliberate. I'm not sure if they've sent the court the same.

Is there any redress on this type of behaviour? Surely if they sign a statement of truth, it's like an oath?

[nw0307]

Hi Des, Jaguars and Echat

Just another update. Bet you're sick of this case! I had the preliminary hearing a couple of weeks back. Just a 20 telephone hearing. The judge basically saying he's only read through the main documents but the purpose of the hearing is to mediate a settlement. The Claimant was taken aback I think when he was asked how low was he prepared to go. He simply wouldn't answer and got a roasting from the judge. I said since there's no definitive proof I have to pay anything towards the roof, I offered my £100. The Claimant then started going on about I admitted liability which isn't true and the judge told him to shut up, he's not interested. He then asked him to move on his offer. He panicked and said £900. Then it was my turn. I said I'd offered £400 in mediation which I felt was more than generous and the judge kind of agreed. He started getting annoyed with the Claimant as he really didn't want to go down any further.

Anyway, his last offer was £800 which wasn't really much of an offer. The Judge actually said I'm willing to go from 0 - £400 and also asked if I would be prepared to drop my counterclaim which I agreed to (I only did a counterclaim for leverage as per Des advice) and the judge seemed really happy with my input. The claimant just would not budge so the judge basically said to him that if he didn't accept my offer, there was a chance that when it goes to a hearing he would lose everything.

In fact the judge said this case is a win all, lose all case, nothing inbetween and that the evidence/statements would help the decision. He certainly didn't seem impressed with the Claimant. I was polite and answered the questions put to me and didn't try to push an agenda like the claimant.

So now waiting for the date for the main hearing, if it happens as the case could still be decided by a Judge without a hearing.

[des8]

Thanks for the update .......

[nw0307]

Hi Des, Jaguars and Echat

Well this chapter is finally over. Had court hearing last Friday. It lasted 4 and a half hours! It was via Teams so remote.

The court gave strict instructions to the claimants that they had to collate, and produce a full single e-bundle for the court which included my evidence too. They were given 6 weeks notice on this. I knew it was a hard task, even for me and I'm an IT professional. They had to tell me what they were including in evidence and me the same. Well it got to a few hours before deadline to have the e-bundle sent. I'd heard nothing. At the last minute, he emails me saying they don't have the ability to do an ebundle and have given the court a paper bundle instead and this was allowed by the court. Well I was very annoyed but I knew they'd pull a trick like this so I had already done my own ebundle for the judge and sent that. The court then told me it was rubbish about them 'getting permission' as that can only come from the hearing judge.

He also sent me links to his evidence that were actually labelled as jpg files and these were on his private google drive I had no access to!

By this time, I couldn't believe how many times they have failed to follow court directions - it was ridiculous and a solicitor friend said many a claimant would have had the claim struck out by now.

But no such luck. The judge made it very clear he wasn't happy with their paper bundle and I had to use some cobbled together, stained, dog-eared mess. But again they were let off.

Anyway, he also said they'd not followed protocol by trying to have two claimants. Again he only got a mild telling off for that. He had to announce that he was the claimant and his wife couldn't speak - only as a witness.

I was first up and I completely destroyed her when questioning about her witness statement that was like a Harry Potter novel. She basically admitted it was in her imagination, most of it hadn't happened and I then said, well you've signed it as a statement of truth. She got angry and told me to disregard it then. The judge just let that fly too.

Anyway, cutting to the chase, the Judge said there was 3 things to decide. His interpretation of the deeds, whether the Claimant can make a decision on what he wants doing repair wise, and then the Section 20 law (which I had mentioned before on an email to the idiots). Basically the Judge ruled in the Claimants favour regarding my contribution towards the roof and it was the claimant who has the final say (I wasn't best pleased). However, he said the final figure was wrong, I wasn't liable for any chimney work, and I had to put up with the month of scaffolding that wasn't for the roof. So he finalised it at £900. However, as the claimants were looking so smug with their 'win', the Judge then said they'd failed on every aspect of Section 20, gave them a 10 minute lecture on the law, and said he was capping my contribution to £250!! They also have to pay the hearing fee as they'd rejected my offer of £400 in mediation. So basically, they've come out worse, losing around £900 of what they thought they were entitled to.

I think the Judge has already decided on what he was going to do. I also think because he applied the law, there's not really much chance of the Claimants appealing.

[echat11]

Great result, well done for sticking to your guns. so the Hearing fees will eat into the £250.

Will they be able to afford 'Fish & Chips' to celebrate their victory? probably not.

To be honest it was Des8 and Jaguars that helped the most.

[des8]

Thanks for update and congratulations!

just skim read back over the thread... been going on for sometime!
Sounds like a reasonable result which so easily could have been reached months ago if the other party had acted decently at the outset.
Neighbours !!

[nw0307]

thanks for all your help. I very much doubt this is the end of it though. Only this chapter. He will now try to pursue me for make believe 'lease breaches' in his ill thought out plan of trying to push forfeiture of my house because he wants it. I have a much more water-tight case on that though as I have land registry documents that show he doesn't own any of what he says he owns, so can't accuse me of things like trespass, obstruction, etc. He's trying to land grab.

And more to the point, because of his relentless accusations, I did more and more research, and I have uncovered his own house deed document, which he has conveniently tried to hide and suppress from everyone. And now I know why. It basically says that he cannot do any alterations and extensions to his external walls. He's built these two ugly great balconies right over my leasehold land that blocks my light and are riddled with leaks. You reap what you sow as they say.

If I get any kind of court papers on this, I'm sure you let you all know!

[atticus]

Good result, well done.

There is one other lesson from the way you describe the hearing and the build up to it. Judges will often not make rulings on procedural points against parties who may lose the case. The point is to let them see that they have been fully heard, so they cannot claim to have been defeated 'on a technicality'. I have seen this often enough.

[jaguarsuk]

A good result and it sounds as though you are forearmed for future as well.