Claim against landlord for breach of quiet enjoyment-Protection from Harassment Act

Blackpool_Saver

This is all nonsense, a native speaker does not write like this even these days.

Amanda3

Takeaway_Addict wrote: »

Surely either he assaulted you or she assaulted you?

He admitted later that was him whom sent her.

Amanda3

Blackpool_Saver wrote: »

This is all nonsense, a native speaker does not write like this even these days.

What do you mean?

Amanda3

taxiphil wrote: »

Somewhere in the details of claim box, put a statement to the effect of "Pursuant to CPR 65.28, this claim is subject to the Part 8 procedure as it is brought under Section 3 of the Protection From Harassment Act 1997."

I would recommend typing the Particulars of Claim on a separate document. At the end, before the statement of truth, there should be a sentence like "The value of this action exceeds £1,000 but does not exceed £3,000." (This is because you need to set the parameters of the claim at this stage. Replace with your own figures but I'd suggest something in that ballpark).

What is a CPR 65.28?

I have just written my witness statement : where/how should I join it to the forms? should I just make it as the Particulars of Claim (about 20 pages)?

Werdnal

Amanda3 wrote: »

He admitted later that was him whom sent her.

But she committed the act - doubt you would get this to stick on him, perhaps you should sight her as the offender.

thesaint

Encouraging the OP to pursue this claim is not something I would do.

taxiphil

Amanda3 wrote: »

What is a CPR 65.28?

It's number 65.28 of the Civil Procedure Rules, which set out the procedures that must be followed depending on the type of claim:

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part65#IDA5UZIC

Amanda3 wrote: »

I have just written my witness statement : where/how should I join it to the forms? should I just make it as the Particulars of Claim (about 20 pages)?

Sorry, I should have also pointed out that under the Part 8 procedure, all evidence needs to be served at the same time as the claim form. See 8.5 here:

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part08

If it's evidence from a third party, it should be a separate document but if it's your own evidence then it should be written into the Particulars of Claim.

To give you an idea of how the Particulars should be structured and worded, the link below is a well drafted PFHA damages claim (in particular paragraphs 21-28):

http://e-sue.co.uk/docs/Lowell_Claim.pdf

Blackpool_Saver

I think our posters are just playing along

taxiphil

thesaint wrote: »

Encouraging the OP to pursue this claim is not something I would do.

I'm not encouraging the OP, I'm providing straightforward factual information about an available legal remedy. There were numerous posts on this thread which incorrectly stated that only "monetary loss" could be recovered in court.

I've already stated that I have no idea about the viability of any such claim should it reach court; to make such a judgement would require a detailed knowledge of the facts. The OP is an adult and can decide for herself whether to pursue it or not.

G_M

Whether the OP is, or isn't, a native English speaker is a moot point.

However I serously doubt the OP has sufficient literacy, far less the required logical thinking, to file the correct forms in the correct way.

Legal advice and assistance should be sought.