[Emergency]Harassment : Deadline to make an appeal against the court decision

PeterHook

HPoirot wrote: »

Hi, sorry was away for a moment. Yes you should use the N244 to apply against an order. If you want to appeal against the order then you should apply for a 'stay' now stating that you wish to appeal.

On what grounds do you wish to appeal? If you apply to set the order aside (still using N244) stating that you have further evidence of the harrassment, you can then submit the claim once again with all relevant evidence.

I want to appeal on the grounds that :
- the order was made in my absence
- there may be an error in the judgement
- the defendant until present still destroy my mails [before I will go tomorrow to make the complaint to the royalmail (but I am not sure this ground will be enough/relevant since it was already in my claim with evidences)]

HPoirot

Peter Hook I would also suggest you get advice on how to word and what to include in your claim afresh. Oops sorry cross posted.

HPoirot

This might not be enough grounds for appeal I'm afraid. The court can issue orders on its own initiatives without calling either of you to make representations. You may want to apply for the order to set aside on grounds that you have further to add to the claim. What was your claim for? Did you make the right claim for the right circumstances?

HPoirot

Sorry just re-read your post #3. What was your original claim? Why were you advised to apply for a harassment injunction and not a common law trespass injunction?

PeterHook

HPoirot wrote: »

Sorry just re-read your post #3. What was your original claim? Why were you advised to apply for a harassment injunction and not a common law trespass injunction?

The claimant tried to fight with me (I had a police record) and with the landlord (after an argument because he wanted me to obey to the other tenant since they are friends), he has tried to unlawfully evict me (after have sent someone to assault me).

Since I made a complaint to the police he has instructed other tenants that (has newly rent rooms to) to threaten/intimidate me.

In fact, there were two cases : one against the landlord and another one against the tenant.

Regarding the landlord I have just not received any news about it : frankly, I believe there is an irregularity.

Regarding the claimant (tenant like me), equally I strongly believe that the decision is unfair.

So, should I make an appeal to set aside the order or to file the form N161 asking for a new trial?

PeterHook

HPoirot wrote: »

You may want to apply for the order to set aside on grounds that you have further to add to the claim.

I have sent few minutes an email to the court to acknowledge their mail and that I wish to an application to set aside the order.

Later, after your correction I sent another email to the court requesting disregard my last email and sent another email stating that I wish to make an application to "stay" instead of "set aside".

HPoirot wrote: »

What was your claim for? Did you make the right claim for the right circumstances?

The first was an injunction in which I was asking to not allow the other tenants (claimant inclusive) to not be allow to enter into the property without my consent.

Then at the court hearing, I have been asked to make a claim under harassment act 1997.

There is a good chance that the claimant has include in his defence that his girlfriend is pregnant (this is noticeable just since few weeks after the court hearing) but that should not justify why i should pay him £200.

HPoirot

Fill the N244 to apply to set aside the order and say that you wish to be afforded a hearing as the threatening and intimidating acts are still on-going.

It depends fully on the judge whether he grants your application to be set aside and this would depend on your likelihood of succeeding in the claim.

Are you represented? It seems the defendant is.

HPoirot

PeterHook wrote: »

I have sent few minutes an email to the court to acknowledge their mail and that I wish to an application to set aside the order.

Later, after your correction I sent another email to the court requesting disregard my last email and sent another email stating that I wish to make an application to "stay" instead of "set aside".

No! After your reply I think the appeal route is not advisable, and you would need a stay for an appeal. I think you would need a set aside. It's fine though, you can send the form to them once you have filled it in with the set aside application.

HPoirot

I have to say though: while it is alright for me to say do this or that; I do not know the full facts nor the history of your case and am therefore not in a position to advise you as to the correct procedure. I am only going by what is said on this thread. I would strongly advise you to take yourself to a solicitor tomorrow - if you have not already done so.

PeterHook

HPoirot wrote: »

Fill the N244 to apply to set aside the order and say that you wish to be afforded a hearing as the threatening and intimidating acts are still on-going.

It depends fully on the judge whether he grants your application to be set aside and this would depend on your likelihood of succeeding in the claim.

Are you represented? It seems the defendant is.

No, I am not represented and this is my problem in this case.

And yes, the defendant is represented. I do not work at the moment but I will make my best in order to find the fund for the representation.