Freeholder Failed To Insure In Joint Names

BombayBadBoy

steampowered wrote: »

I think you need to stop, think and get a solicitor.

From your post it sounds like you are making a dog's dinner out of these court proceedings.

If the freeholder defends the case you are looking at being ordered to pay the freeholder's legal fees which could easily be tens of thousands of pounds. If you a costs order is made against you that you can't pay, you are opening yourself up to having the flat taken off you.


If you are "writing letters to the judge", you are not proficient in civil law. That's not proper litigation procedure.

If you want the judge to do something, you need to make a formal application, pay the appropriate fee and lodge an accompanying witness statement. Furthermore the other side should be provided with a copy of all of this.


The court proceedings would continue automatically unless they have been stayed.


This is completely the wrong way around. What you are claiming needs to be detailed on your particulars of claim.



I struggle to identify from your post how you have suffered any loss as a result of the freeholder breaching the lease?

In that scenario you wouldn't get any damages but could I suppose seek an order for specific performance that the freeholder amends the insurance policy.

No solicitor no way.

This fire is costing me tens of thousands of pounds already, my carpets cost £5,000 alone I have still got the receipts because I had to get new carpets after his tenants trashed my flat eight years ago, not to mention the entire contents, so I’m not that worried about loosing the case and getting ordered to pay his legal costs.

This is not so much about cost, my main objective is to stop my chard remains being removed from this flat in a body bag and him collecting £125,000 off the public liability insurance.

The entire neighbourhood and me are sick and tired of hundreds of druggies calling to his flat 24/7, I have been attacked three times in 14 years outside my home, a lady over the back told me that she could not go out after dark because she was too afraid.

He has filed a defence, he has done it himself, in it he has gone right off track and is trying to grab bits of my flat so I have sent in copies of the conversion plans.

In his defence he has said that I am looking to upgrade my single glassed wooden windows to double glassed plastic, and he has objected to this. In reply to this I have pointed out that building regulations say replacement windows should be double glassed for insulation purposes and that wooden windows cost twice the price.

There is a fire crack in the front of the building that he says he is not going to repair.

This claim is not for compensation it is for breach of covenant only and to make him insure in joint names from now on.

I am asking when/if the claim is proven how do I claim compensation and am I entitled to claim compensation, how I come to the £80,000 figure, five months loss of income since the fire as I haven’t been to work, fire crack devaluation of the property, I expect this crack will open up as time goes on, five months of emergency accommodation that should have been paid, I am private medical treatment and the fire has had a very detrimental affect on my health, etc.

The court proceedings would continue automatically unless they have been stayed.
Thank you, this has answered one of my questions, are you certain of this?.

If you are "writing letters to the judge", you are not proficient in civil law. That's not proper litigation procedure.

If you want the judge to do something, you need to make a formal application, pay the appropriate fee and lodge an accompanying witness statement. Furthermore the other side should be provided with a copy of all of this.

What form do I use to obtain an injunction to stop him and his tenants coming on to my property?.

The court told me to write letters to the judge.


If you are "writing letters to the judge", you are not proficient in civil law. That's not proper litigation procedure.


So can you tell me how you think I should proceed.


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Slithery

BombayBadBoy wrote: »

So can you tell me how you think I should proceed.

Employ the services of a solicitor, it's the only way that you have a chance of winning given the lack of legal knowledge you've shown so far in this thread.

gary83

You have the receipts for the carpet at £5,000 from 8 years ago? So the carpets would only be valued at a fraction of their cost new

You also can’t claim for the “5 months of emergency accommodation that should have been paid” you haven’t had any out of pocket expenses for emergency accommodation - you’ve stayed in the flat, you have no emergency accommodation expenses, you can’t claim for money that you haven’t spent

steampowered

BombayBadBoy wrote: »

So why I am going for three separate cases on the fire issue is because its too much for me to handle all in one case, basically it breaks down in to three separate issues:

...

You could bring all of these claims within a single case if you wanted to. You are allowed to bring multiple claims against the same defendant within the same proceedings. However as you have already issued proceedings you would either need to issue new claims or amend your existing particulars of claim.

If you want to run separate claims, you need to keep the subject matter very separate - don't have multiple cases about the same thing.

BombayBadBoy wrote: »

This fire is costing me tens of thousands of pounds already

I would just point out that:
- If you win the case, the freeholder will be ordered to pay your legal costs.
- If you lose the case, you will be ordered to pay the freeholder's legal costs.

I would have thought some legal advice would be helpful here as it sounds like you are trying to make a very sizeable claim.

I am asking when/if the claim is proven how do I claim compensation and am I entitled to claim compensation, how I come to the £80,000 figure, five months loss of income since the fire as I haven’t been to work, fire crack devaluation of the property, I expect this crack will open up as time goes on, five months of emergency accommodation that should have been paid, I am private medical treatment and the fire has had a very detrimental affect on my health, etc.

I'm afraid I do not understand what this is really all about. If this is simply about getting him to insure in joint names in future, then that's not a claim for compensation.

If this is about claiming for money you think you should have been paid in the past, then that needs to be clearly articulated. It is a bit late to change the insurance for a fire that happened in August.

Are you saying that you have not been paid by the insurer for damage caused by the fire in August 2019, because the policy wasn't in joint names? Is that what this claim is really about? If so I would focus on that and forget about all of the other stuff that has happened; as your story is already quite confusing.

The court proceedings would continue automatically unless they have been stayed.
Thank you, this has answered one of my questions, are you certain of this?

Yes, I'm sure. As a Defence has been filed, the next step is for the court to issue allocation questionnaires.

The case would then proceed through the normal court process of dates being fixed for exchange of evidence ahead of a hearing.

BombayBadBoy

Slithery wrote: »

Employ the services of a solicitor, it's the only way that you have a chance of winning given the lack of legal knowledge you've shown so far in this thread.

Employ the services of a solicitor for a legal case, are you mad?.


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BombayBadBoy

steampowered wrote: »

You could bring all of these claims within a single case if you wanted to. You are allowed to bring multiple claims against the same defendant within the same proceedings. However as you have already issued proceedings you would either need to issue new claims or amend your existing particulars of claim.

If you want to run separate claims, you need to keep the subject matter very separate - don't have multiple cases about the same thing.


I would just point out that:
- If you win the case, the freeholder will be ordered to pay your legal costs.
- If you lose the case, you will be ordered to pay the freeholder's legal costs.

I would have thought some legal advice would be helpful here as it sounds like you are trying to make a very sizeable claim.


I'm afraid I do not understand what this is really all about. If this is simply about getting him to insure in joint names in future, then that's not a claim for compensation.

If this is about claiming for money you think you should have been paid in the past, then that needs to be clearly articulated. It is a bit late to change the insurance for a fire that happened in August.

Are you saying that you have not been paid by the insurer for damage caused by the fire in August 2019, because the policy wasn't in joint names? Is that what this claim is really about? If so I would focus on that and forget about all of the other stuff that has happened; as your story is already quite confusing.


Yes, I'm sure. As a Defence has been filed, the next step is for the court to issue allocation questionnaires.

The case would then proceed through the normal court process of dates being fixed for exchange of evidence ahead of a hearing.

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STEAMPOWERD you are the undisputed guru of this forum, in my opinion, I am only claiming £320 costs for this case the object is to get the freeholder to insure in joint names, I wont say no to compensation if I can get it, but compensation claims can take eight years and I will be dead by then.

I am still waiting to make an insurance claim for a previous fire that happened eight years ago, the insurance was in the freeholder sole name then, I doubt I will ever get that.

I have had some great news earlier this evening, my builder has phoned me and told me that the repair work will start soon, and that he will be paid directly by the insurance company.


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BombayBadBoy

Slithery wrote: »

Employ the services of a solicitor, it's the only way that you have a chance of winning given the lack of legal knowledge you've shown so far in this thread.

I haven’t got a solicitor, I’m just an ignorant peasant with lack of legal knowledge, but I’m winning this case, if I can do it anyone can do it, I recommend everyone try taking their own legal action, it’s a lot easier that you think.

steampowered wrote: »

You could bring all of these claims within a single case if you wanted to. You are allowed to bring multiple claims against the same defendant within the same proceedings. However as you have already issued proceedings you would either need to issue new claims or amend your existing particulars of claim.


Yes, I'm sure. As a Defence has been filed, the next step is for the court to issue allocation questionnaires.

The case would then proceed through the normal court process of dates being fixed for exchange of evidence ahead of a hearing.

STEAMPOWERD'S advice is first class and was absolutely correct and today I have got a directions hearing date from the court.


Solicitors want to make a case last as long as possible to squeeze as much money out of you as possible, no win no fee is best but be careful because if you loose you have to pay the other sides costs, they don’t normally tell you that.


You don’t need a solicitor do it yourself legal action is always best, I have won about ten cases I have bought myself, I only get a solicitor involved if it gets to technical for me.


I will keep this thread updated to let everyone know the progress and the outcome.


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AdrianC

BombayBadBoy wrote: »

I haven’t got a solicitor, I’m just an ignorant peasant with lack of legal knowledge, but I’m winning this case

Of course you are.

STEAMPOWERD'S advice is first class and was absolutely correct

You mean it agreed with what you wanted to hear.