Witness statement

babyblade41

I think you should move on as you haven't a cat in hells chance of winning anything & I'm sorry to say the only loss will be from your mental health continuing on 

You didn't pay 7 months rent , you were lucky in as much as that when it gets to 2 months arrears a section 8 could have been sent to you and awarded 

What you should have done is got some advice when repairs weren't met in a reasonable timely manner ...like here for example and you would have been given the tools to get this rectified without going through what you gone through now .

You have been given that information now, but you did say you were a landlord so surely this would have been known to you already 

newsgroupmonkey_

Mojito1 said:

turnitround said:

I really dont think you are taking any notice of the help you are being given. No one is going to tell you that you have a chance of success with this and it would not be helpful for them to do so even though its seems to be what you want to hear. Sympathise with the landlord all you like. I have a right to quiet enjoyment of my home and decent living conditions for a property I was paying a lot of my hard earned money to rent.

You say you paid over 5000 when you should have paid none but that is not the case. Of course you should have paid rent and you should also have followed the procedure to get the landlord to do repairs. Unless you did this your case would be thrown out anyway. I wasn't aware of this procedure and doubt any judge in their right mind would throw a case out solely because I didn't follow a specific procedure. Under the circumstances, my priority at the time was my health and trying to move out.

Likewise the financial losses. You may be able to prove harassment etc but these are not financial losses. Yes it is a financial loss if it prevents somebody being able to earn a living in order to pay their rent. 

Please listen to what people are telling you because to continue down the path you are going is only going to give you more stress and could end up with significant costs which you will have to bear. Yes this is extremely stressful. Having bailiffs terrorising me at my new home and seizing my belongings would be even more stressful.  

You cannot win this, please dont make things worse for yourself. Are you a private landlord?

.........

I'm really sorry, you need to read the advice in here. There are people telling you how it is. Ignorance isn't a defence in court, so the judge will throw that out.

You're arguments won't stand up in court, honest!

MH1927

https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/1599471-urgent-help-needed-with-defence-and-counterclaim

Defence and counter claim (£100K of Special damages!!!!!!!) already struck out and missed deadline to resubmit, extension request submitted late and rejected. Claimant awarded case.

Have you got the transcript to see why your extension request was rejected?

Tiglet2

MH1927 said:

https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/1599471-urgent-help-needed-with-defence-and-counterclaim

Defence and counter claim (£100K of Special damages!!!!!!!) already struck out and missed deadline to resubmit, extension request submitted late and rejected. Claimant awarded case.

Have you got the transcript to see why your extension request was rejected?

Good spot

deannagone

Having read the legal beagles thread, most of my post is irrelevant.  You were given very thorough advice.  There probably have been injustices done to you in the property but unfortunately, every time there was something you could do, you didn't. 

You were advised very strongly to attend the hearing (and the effect of non attendance) and didn't. The judge needed to ask you questions, they couldn't.

As they have said, rather than appealing (which doesn't have much chance of success), I think you need to work on minimising the payments the court will ask for by giving details of your finances.  That is your way ahead.

I am sorry this is happening to you.., but you do need to 'face facts' and force yourself to take an action, however unpleasant.  I've had to do this, most people have.  I tell myself, this person wants me to be a victim.., I refuse to take on that role by not coping. 

newsgroupmonkey_

MH1927 said:

https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/1599471-urgent-help-needed-with-defence-and-counterclaim

Defence and counter claim (£100K of Special damages!!!!!!!) already struck out and missed deadline to resubmit, extension request submitted late and rejected. Claimant awarded case.

Have you got the transcript to see why your extension request was rejected?

Ah, so the OP has already been thrown out of court and is looking for a different angle. Interesting.

Mojito1

babyblade41 said:

I think you should move on as you haven't a cat in hells chance of winning anything & I'm sorry to say the only loss will be from your mental health continuing on

I am the only person who can judge what will be better or worse for my mental health 

You didn't pay 7 months rent , you were lucky in as much as that when it gets to 2 months arrears a section 8 could have been sent to you and awarded 

A section 8 was served

What you should have done is got some advice when repairs weren't met in a reasonable timely manner ...like here for example and you would have been given the tools to get this rectified without going through what you gone through now .
Well I didn't, so that's pointless. My priority was trying to move out as quickly as possible - That was going to happen with or without the gas cooker / shower being fixed. 

You have been given that information now, but you did say you were a landlord so surely this would have been known to you already When I was a LL, firstly I wouldn't have rented a property in that condition & state of disrepair in the first place, and any issues my tenants had were resolved quickly

.........

babyblade41

Mojito1 said:

babyblade41 said:

I think you should move on as you haven't a cat in hells chance of winning anything & I'm sorry to say the only loss will be from your mental health continuing on

I am the only person who can judge what will be better or worse for my mental health 

You didn't pay 7 months rent , you were lucky in as much as that when it gets to 2 months arrears a section 8 could have been sent to you and awarded 

A section 8 was served

What you should have done is got some advice when repairs weren't met in a reasonable timely manner ...like here for example and you would have been given the tools to get this rectified without going through what you gone through now .
Well I didn't, so that's pointless. My priority was trying to move out as quickly as possible - That was going to happen with or without the gas cooker / shower being fixed. 

You have been given that information now, but you did say you were a landlord so surely this would have been known to you already When I was a LL, firstly I wouldn't have rented a property in that condition & state of disrepair in the first place, and any issues my tenants had were resolved quickly

.........

You say you would have rectified any issues your tenants had then that is good but you must also have known that withholding rent is not the way to go about things.

It is entirely up to you how you proceed but you have been advised this is a pointless task.

There is no more to be said, you obviously believe you are entitled to the claim and wish you all the best in moving forward 

Mojito1

babyblade41 said:

Mojito1 said:

babyblade41 said:

I think you should move on as you haven't a cat in hells chance of winning anything & I'm sorry to say the only loss will be from your mental health continuing on

I am the only person who can judge what will be better or worse for my mental health 

You didn't pay 7 months rent , you were lucky in as much as that when it gets to 2 months arrears a section 8 could have been sent to you and awarded 

A section 8 was served

What you should have done is got some advice when repairs weren't met in a reasonable timely manner ...like here for example and you would have been given the tools to get this rectified without going through what you gone through now .
Well I didn't, so that's pointless. My priority was trying to move out as quickly as possible - That was going to happen with or without the gas cooker / shower being fixed. 

You have been given that information now, but you did say you were a landlord so surely this would have been known to you already When I was a LL, firstly I wouldn't have rented a property in that condition & state of disrepair in the first place, and any issues my tenants had were resolved quickly

.........

You say you would have rectified any issues your tenants had then that is good but you must also have known that withholding rent is not the way to go about things. I didn't withhold any rent. Withholding rent would be when you actually have the rent money, but choose not to pay it. I could have withheld the further 4 months rent payments that I made, but I didn't. The subsequent arrears were due to not physically having any money to pay the rent. I don't have a magic money tree unfortunately

It is entirely up to you how you proceed but you have been advised this is a pointless task.

There is no more to be said, you obviously believe you are entitled to the claim and wish you all the best in moving forward 

...............

steampowered

You might want to consider declaring bankruptcy, as that would wipe your rent arrears.

Your energy might be better spent on dealing with the debt, rather than trying to battle the court process which it sounds like you have already lost.

I had a brief read of this thread and the Legal Beagles thread, but couldn't see a convincing reason for refusing to pay rent. I believe that you could not afford the rent, but in law you still owe that money.