Suing the Council for wrongful prosecution.

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

...and one minute later, has sent a WS/Statement of truth 13 pages long!...so really ramping up the pressure.
It is not that complicated. The council witheld money, I have now clawed it back and have paid my arrears. There is no case to answer.
I think it may now be a good idea to show LL harassment.

[Diana M]

Re: Suing the Council for wrongful prosecution.

The Ll's solicitor has now issued me with a ' Notice of change' to confirm that the LL is now acting in person

Why do you think the solicitor has suddenly decided not to represent his client in court on Monday?

Forgive my cynicism, but if he thought he would get his costs paid (by you if ordered by the DJ) he would probably be there.

Could it be because his client is asking him to ask the court to give him possession of a property for non payment of rent which has already been paid

Di

[Diana M]

Re: Suing the Council for wrongful prosecution.

has sent a WS/Statement of truth 13 pages long!

Crazy council has offered to help you to prepare a statement.

Now you've been served with a WS by the Claimant it would make sense to file one yourself tomorrow as I suggested in an earlier post.

Hold your nerve

Di

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

Oh, they do this all the time. I took them to the Property tribunal for excessive demand for rent last year....and they always sent reams of stuff at 4.59 on a working day (not leaving me time to rebuff them)....or one minute before a long Bank Holiday. They fight really dirty...and so surprised that their Solicitor is, or WAS complicit in this. They have no respect for the law. Supposedly the Solicitor will be 'on holiday' Yeah right.......

- - - Updated - - -

Yes Di, have looked at the format on the internet...but am at a loss to know what is important to include. Should I include the fact that I am certain they want me out by ANY means for the purpose of redevelopment?

[Crazy council]

Re: Suing the Council for wrongful prosecution.

Hi. I have been a bit poorly so will write this up later or first thing in the morning. If anyone else wants to jump in I will put what I thinks important.

Firstly. The tenants an assured tenant not an ast.
Although the tenant has has some arrears that are now fully paid. This is a small blip in a tenancy that's been over 20 YEARS so using grounds 10 or 11 don't account for the tenants conductduring the full term of the tenantcy
I will add more to this later or in morning. About the pls attempt to increase the rent a d the outcome of that. And add that you had paid for legal help towards sorting out with the council. And how you paid up as soon as practly possible

Don't worry about a 'll trying to spin things in front of the majistrates. They know what they are doing and if the 'll trys anything pushy or dodgy they will account for it

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

This is a redacted Witness statement served on the LL's solicitor and also the the email address of hearings for the Clerk of the court.
Sorry Crazy, but I could not wait any longer....I hope you feel better?

In the county court at xxxxxxx Case Number: xxxxxxxxx Hearing date: 25^th July 2016


Parties Claimant
Defendant

WITNESS STATEMENT

1. I xxxxxxxxx am the Defendant in this claim. The facts in this statement come from my personal knowledge.
2. I signed the original Assured tenancy agreement on the 5^th Oct 1992.
3. It was a 3 year fixed term from 5^th day of Oct 92 to the 6^th day of October 95 and NOT as asserted/purported by the Landlord to be One year (in 1993),….both in the ‘particulars of claim’ and the ‘Statement of Truth’ supplied by the Landlord. Both the last review date and the earliest termination date are 1995. The tenancy then rolled over to be a statutory periodic Assured Tenancy.
4. In the 21-22 years of my 24 year tenure at this address, I had not accrued rental arrears nor paid my rental late.
5. My financial difficulties were made known to the Landlord (verbally) when I first promptly cleared some arrears (by recollection £1,200) in late 2014. I explained that I was having a big problem with the Council.
6. In 2013 the Council withdrew all benefit assistance due to a grave and costly (to me) mistake concerning application of benefit law….therefore for 18 months I had no money. A court case (a matter of public record) was abandoned by the Council in 2015 and I then moved to go to an independent tribunal. This was delayed until 1^st June 2016.
7. My appeal was upheld and my Solicitor in this matter (who I had to pay, since Legal Aid is not available for such hearings) promptly wrote to the Council demanding that they re-instate my withheld money. Many trips to the Council office later, I was told I could indeed recover my money from Housing Benefit and Council Tax and that my original claim was re-instated as before.
8. These events happened AFTER the section 8 was issued and money was eventually recently returned to me AFTER the court claim process with proposed court date.
9. As soon as was practically possible I cleared ALL of my rental arrears mentioned in the section 8. I paid £4,120 on 18^th July to clear my arrears and additionally paid ALL my rental due for the month of July (my rental IS still £1,060 until a determination is made by the Property Tribunal who is currently dealing with another Section 13 from the Landlord with regard to another rental increase …..13 months after the last one). Therefore I am not in arrears for the month of July.
10. I asked/suggested the Landlord’s Solicitor to withdraw the Claim, since I am not in any arrears and my late payments were only because of the above turn of events. Everything has now been rectified and I can once more pay my rent in a timely manner, given that my benefit has been reinstated and I am in an even better position due to the fact I receive a State Pension and sporadically receive Charitable Donations from friends and family
11. Going forward, there is not a problem with paying my rent.
12. I earnestly request that you do not award repossession, since there is now no case to answer and I wish to continue living in my home of the last 24 yrs with quiet enjoyment.
13. I believe the facts in this witness statement are true.

Kindest Regards

Miss xxxxxxx

22^nd July 2016

[Diana M]

Re: Suing the Council for wrongful prosecution.

That's not only a factual Witness Statement but a rather 'touching' one too. It's written straight from the heart.

You've been paying your rent on time for almost a quarter of a century. Please see my remark as factual not ageist

Everything was fine and dandy until you had a blip which wasn't caused by you. From what you say it was as a direct result of your Local Authority's wrong perception of your lawful entitlement to Housing Benefit. So they stopped your payments.

You were treated as 'guilty until proven innocent'. I hate that because it goes against my personal attitude to the justice system which should be 'innocent until proven otherwise'. But you were eventually proven innocent. You've made that clear in your WS.

In short you have an alibi for the late rent payments. I do hope the DJ sees it the same way as I do.

More importantly according to you will have no rent arrears at the time of the court hearing so granting a possession order based on Ground 8 would be something that you may need to seek advice on appealing. If the worst happens (let's hope not) and a possession order is granted please ask the DJ to give you permission to appeal before you leave the room. (I'll explain why later.)

Di

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

Bless you Di, this last stretch is proving beyond testing. I have been under the gun litigation wise for the last 3 years....and it really takes a toll. I do thank you so much for your advise.

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

Well, wish me luck for tomorrow everyone....I can not do any more ...nor be more prepared.........

[Diana M]

Re: Suing the Council for wrongful prosecution.

Well, wish me luck for tomorrow everyone....I can not do any more ...nor be more prepared.........

Right behind you all the way

Being prepared is half the battle.

I don't know what time you filed/served your Witness Statement on Friday but if it was after 11 am then the court's sluggish filing system may not have passed it to the DJ in time for tomorrow's hearing. Judges need to be prepared too.

So take along three copies of it to the hearing just in case. You can then hand one to the DJ (if he's not seen it) and one to the Claimant (your Landlord) who may pretend not to have seen it. And one for you to refer to.

Also take copies of all the letters which you have sent to the court and all the evidence you have to support your history of rent payments (the most important being evidence that your recent payments mean there are no rent arrears at the time the hearing takes place) and historical HB Tribunal hassles to counter the Claimant's argument that you're a persistent late payer.

You've not said what was in the Claimant's eleventh hour WS. Were there any surprises like new evidence? Be prepared to address any new legal arguments raised.

I would also take along the local authority planning application/consent information relating to your Landlord's intention to get you out 'by fair means or foul' so he can develop the property. From what you've said his planning consent may have expired (it only has a three year shelf life) but nevertheless it will demonstrate the possible motivation for these proceedings (if that issue comes up).

I don't know what else to say except stick to the script.

Don't let the Landlord's physical presence (he's uninstructed his solicitor) faze you. If he calls/emails you to say he's not going to the hearing don't react by not going either. It may be a bluff and things could go terribly wrong if you don't turn up and he does.

Judges are human beings - believe it or not. And if their hands aren't tied by 'mandatory' decisions they can use their discretion.

Fingers crossed that all goes well.

Di

[wales01man]

Re: Suing the Council for wrongful prosecution.

good luck

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

WS was filed after 11 am...and I have many copies in case.
No surprises in the Ws of the LL....just a general bombardment of harassment,....as usual.
The most bemusing is the fact that he seems to be unhappy that I have actually paid it!!! (Oh, from where did she suddenly get the money?).....such an impertinent rotter.
Just spoke with my wonderful mother (90 yrs old),....requesting that she ring me tomorrow morning....since I have had no sleep for 2 weeks.
Thanking you for your time and assistance and will let how I get on.........

[Diana M]

Re: Suing the Council for wrongful prosecution.

he seems to be unhappy that I have actually paid it

Of course the "rotter" is unhappy that you have cleared the rent arrears because it may mean you've scuppered his dastardly plan to get shot of you

Di

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

Well, i am not very happy about the determination.
Suspended possession, so if I default again then the LL's can seek a warrant order for repossession.
Not happy at all.......
This is all because of the Council's wrongful prosecution which is why I want to sue them for putting me in this position.

[Diana M]

Re: Suing the Council for wrongful prosecution.

What are the terms of the Suspended Possession Order?

Tell us more about what went on in court which led the DJ to make his decision.

A suspended order is just that. An Order which doesn't kick in unless or until the terms of that Order are breached. If the terms of the SPO are unreasonable or unachievable then you may be able to apply to vary them.

Look on the bright side - you have not lost your home which was at serious risk before you cleared your arrears only days before the hearing.

Your Landlord didn't win today, in some ways you did

Di