Landlord has changed the lock

G_M

MoonDragon wrote: »

Please read:

2) The landlord is claiming both rent arrears (without stating the dates or period) and possession + £100 for the court fee.

4) I do not know if an email ido the notes from the court say anything?s acceptable - 1st Feb + 2 days = 3rd Feb + 14 days = 17th Feb. You have till 17th Feb to return 'Acknowledgement of Service'.
There are three email address that I had sent my acknowledgement to :
- [EMAIL="e-filling@mylocalcountycourt.gov.uk"]e-filling@mylocalcountycourt.gov.uk[/EMAIL]
- [EMAIL="hearing@mylocalcountycourt.gov.uk"]hearing@mylocalcountycourt.gov.uk[/EMAIL]
- [EMAIL="enquiries@mylocalcountycourt.gov.uk"]enquiries@mylocalcountycourt.gov.uk[/EMAIL]

And I have received an automatic response from this three email address:
The content of this notifications is :


To be safe, I will try to send back the form by 17th February 2013.

You have not answered the question:

I do not know if an email is acceptable. do the notes from the court say anything?

Just sending emails off does not mean you have formally served and 'Aknowlegement of Service' - you MUST do this is the way they tell you to.

Either email is acceptable - in which case the notes will tell you (I cannot see them!).

Or it is not, and failing to respond in 14 days will lose you the case. Finished.

edit: the email replies you have received mean nothing. They are computer generated and meaningless.

MoonDragon

G_M wrote: »

You have not answered the question:

Just sending emails off does not mean you have formally served and 'Aknowlegement of Service' - you MUST do this is the way they tell you to.

Either email is acceptable - in which case the notes will tell you (I cannot see them!).

Or it is not, and failing to respond in 14 days will lose you the case. Finished.

edit: the email replies you have received mean nothing. They are computer generated and meaningless.

In fact there is nothing about sending 'Acknowledgement of Service'.
They just give me the option to send the defense form back in 14 days or to fill my defense form on their website.

There is another section wich is :

Replying to the claim
Although you should normally fill the defence form an return it to the court within 14 days, the court will accept your defence at any time before, or even at, the hearing. You should note, however, that if you do not return the form after the 14-day period, the court may order you to pay any costs caused by the delay.

Can I send the 'Acknowledgement of Service' by fax [it will cheaper for me...(else it will be by special delivery)].

G_M

MoonDragon wrote: »

In fact there is nothing about sending 'Acknowledgement of Service'.
They just give me the option to send the defense form back in 14 days or to fill my defense form on their website.

Can I send the 'Acknowledgement of Service' by fax [it will cheaper for me...(else it will be by special delivery)].

Again- I do not have the forms in front of me, and it is years since I took a case to the SCC (as a claimant).

I can only repeat my previous advice:

1) serve your response in accordance with court procedure
2) do not miss the deadline
3) if unclear on procedure, the court officials will advise you - ring and ask (and when getting advice, always note the date/time/name and advice given for future reference)

MoonDragon

G_M wrote: »

1) serve your response in accordance with court procedure
2) do not miss the deadline
3) if unclear on procedure, the court officials will advise you - ring and ask (and when getting advice, always note the date/time/name and advice given for future reference)

Also, I will send everything before 17 February 2013.

Can someone give me an idea of how much I can claim for Breach of Quiet Enjoyment? Since the landlord and relatives have tried to unlawfully evict me several times (and presently continue their harassment) and have made me miss my contractor interviews (the job was paying £400/day) I am thinking of something like £10 000.

The counterclaim will equally contains a claim for discrimination (against persons with health problem) since he told me in one of his last email that 'his property is not an hospital' and that 'he is not a career' due my sickness.

bob2

MoonDragon wrote: »

Can someone give me an idea of how much I can claim for Breach of Quiet Enjoyment? Since the landlord and relatives have tried to unlawfully evict me several times (and presently continue their harassment) and have made me miss my contractor interviews (the job was paying £400/day) I am thinking of something like £10 000.

You have stated (in other threads) that because of your health problems you are not able to able to work and consequently are claiming ESA.

So is it really credible to claim that the landlord's actions have cost you £10,000 in lost earnings?

As for returning the form - you've been told several times to simply follow the instructions on the form but you seem to keep coming up with new possibilities (e.g. email, fax). Just follow the instructions on the form - if it says post or use their website - then post it or use their website!

MoonDragon

b!!! wrote: »

You have stated (in other threads) that because of your health problems you are not able to able to work and consequently are claiming ESA.

I am suffering severe chronic headache since 6 years but I hope you will not be surprised if i say that headache get worse with stress (due to harassment for example....).

I have made an ESA claim just a month and half ago....and I am living in this property since beginning of 2012 [and i think i have said somewhere that I have been assaulted by one of the landlord relative who was equally a relative of the landlord (the landlord told to the police that he does not know his true name but had signed a contract with him].

You have 'seen' the thread where I talk about esa but not the thread i talk about working as contractor through a limited company....strange

b!!! wrote: »

So is it really credible to claim that the landlord's actions have cost you £10,000 in lost earnings?

No, it is not but instead of just saying 'it is not' yo should propose a more reasonnable amount: it will more constructive.

b!!! wrote: »

As for returning the form - you've been told several times to simply follow the instructions on the form but you seem to keep coming up with new possibilities (e.g. email, fax). Just follow the instructions on the form - if it says post or use their website - then post it or use their website!

Please read carefully what I was saying [cheap and short deadline : today I have received a letter saying that my housing has been stop because 'I have notified them of change of circonstances' : this is false and certainly once again a coup of my famous landlord].

I have respond to you but I really don't see anything worth in your post [except the £10000 (but I already know it since the maximum in this type of issue is £5000 (and i do not even have the £100 fee for a counterclaim of the amount of £5000)...but that was just something that reflect my anger (but everybody know that at the court they will be far more pragmatical)].

Ps:I have forgotten : my landlord had just set up a limited company few month ago, with exactly the same business model than mine and shamefulness told me that 'he do not see any reason why i will be running a limited company in his property (i had warned him from the beginning and just receive my company letter at the address) and not him'.

I have email of appointments for job interviews at the time stated above, containing contractor rates, etc...

bob2

MoonDragon wrote: »

You have 'seen' the thread where I talk about esa but not the thread i talk about working as contractor through a limited company....strange

I've seen all your threads - and you do seem to have a number of complicated legal/financial/employment issues to deal with. But I didn't want to drag them all in here. And they are quite confusing.

MoonDragon wrote: »

I have respond to you but I really don't see anything worth in your post [except the £10000 (but I already know it since the maximum in this type of issue is £5000 (and i do not even have the £100 fee for a counterclaim of the amount of £5000)...but that was just something that reflect my anger (but everybody know that at the court they will be far more pragmatical)].

There is something of worth in my post - the advice you've repeatedly been given - to carefully read the form from the court and follow the instructions precisely.

With regard to the amount to claim - a good starting point would be how much you think the landlord's actions have actually cost you. If you can specify how the landlord's actions have cost you £5000 in lost earnings go ahead!

GDB2222

Moondragon, the job claim is fanciful. It was an interview, with no certainty you'd have been chosen. Just stick to quantifiable losses that are directly attributable to your LL's actions.

MoonDragon

b!!! wrote: »

I've seen all your threads - and you do seem to have a number of complicated legal/financial/employment issues to deal with. But I didn't want to drag them all in here. And they are quite confusing.

I hope for you that what you will never been victim of slumlords like I have been just because I was 'unlucky' to be an executive who is on his own and also cannot find a guarantor for a good accommodation (or easily changed it).

You are very free to relate topic that sound 'confusing' for you here...but presently i have other more important problems to deal with (as you guess).

b!!! wrote: »

With regard to the amount to claim - a good starting point would be how much you think the landlord's actions have actually cost you. If you can specify how the landlord's actions have cost you £5000 in lost earnings go ahead!

So how much do you think the fact that a landlord have 'locked' me inside the property for 6 days has negative impact on my health (in physically and psycholoically)?

bob2

MoonDragon wrote: »

So how much do you think the fact that a landlord have 'locked' me inside the property for 6 days has negative impact on my health (in physically and psycholoically)?

I don't know - you suggested you wanted to base the amount on lost earnings associated with job you might have got if you'd been able to attend an interview...

Since the landlord and relatives have tried to unlawfully evict me several times (and presently continue their harassment) and have made me miss my contractor interviews (the job was paying £400/day) I am thinking of something like £10 000.

When it comes to compensation for health impacts - I've no idea. Maybe someone else can advise?