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Witness statement

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  • Skiddaw1
    Skiddaw1 Posts: 2,268 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper Photogenic
    @Mojito1 no-one is denying that you've clearly had a very unpleasant experience with your previous landlord. The problem is that however unfairly you feel you've been treated, the court simply doesn't have the power to make it all better. If you insist on ignoring the (excellent) advice you've recieved from some very knowledgable forum regulars you're likely to end up in a significantly worse situation than you are now. I'm sorry- it's hard and it's not the way life should be- but that's the way it is sometimes. There's an old saying about not fighting a war you can't win. I honestly, truly, think it's time for you to walk away and chalk it up to experience. I'm sure karma will catch up with your horrid ex-landlord eventually...
  • Mojito1
    Mojito1 Posts: 35 Forumite
    10 Posts Name Dropper
    Skiddaw1 said:
    @Mojito1 no-one is denying that you've clearly had a very unpleasant experience with your previous landlord. The problem is that however unfairly you feel you've been treated, the court simply doesn't have the power to make it all better. If you insist on ignoring the (excellent) advice you've recieved from some very knowledgable forum regulars you're likely to end up in a significantly worse situation than you are now. I'm sorry- it's hard and it's not the way life should be- but that's the way it is sometimes. There's an old saying about not fighting a war you can't win. I honestly, truly, think it's time for you to walk away and chalk it up to experience. I'm sure karma will catch up with your horrid ex-landlord eventually...
    I am sorry but you are suggesting I do nothing, and then have to face bailiffs at my door removing my belongings?.... I think I prefer the advice from others, who have tried to help me with responding to the court... 

    I am sure you have much better thing to do with your time, if you are not on my side, then that's fine. Bye
  • Mojito1
    Mojito1 Posts: 35 Forumite
    10 Posts Name Dropper
    Some of the replies on here are so helpful - Thank you.

    Others, not so much.... There is nothing you can do or say to change my feelings, or dictate how I feel. I did not aske for peoples opinions on whether I am right or wrong. I asked for advice and assistance with something specific. I you cannot help, or do not agree, then I would prefer you didn't comment at all, and would appreciate only helpful, appropriate advice, as requested. 

    I have already explained I have mental health issues, and/or limited mental capacity and to try to dictate that I shoudl do something else, or advise on something I have not requested help with is only going to cause me more confusion and drain what very little, valuable mental capacity and energy I do have. 

    I am sorry for anyone who feels offended, or wronged by my situation, but really would just appreciate any clear, helpful answers to my questions, or specific guidance on what I have asked for, without any deviation from that, which is not helpful and is only going to cause me more stress. 

    Many thanks
  • Mojito1
    Mojito1 Posts: 35 Forumite
    10 Posts Name Dropper
    Mojito1 said:
    Mojito1 said:
    Mojito1 said:
    Mojito1 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 
    ...............
    OK then not "withholding"  but unable to pay.  Same thing really but you still owe this money.  My next bit of advice will be to get some debt advice boards 
    I don't believe I do. Thanks, but if I wanted general debt advice I would ask. I would prefer to stick to the issue I have posted about
    This, in a nutshell is why no one would ever be able to advise and help you.  What you believe does not matter (although you say you previously been a landlord so I'm amazed that you cant agree that you owe the money), what matter is what the lawa says and the law says you owe the money. You are in complete denial which is not helping you at all. What makes you think that you are right and all the replies on here are wrong?
    I am astounded that you believe I should owe the LL any money under the circumstances, or that you believe the LL should not have to pay me any recompense. Really?? Your life experiences I am sure, clearly must have been very different to mine - I think you are the one in denial and am sorry you cannot grasp or understand the situation. That does not mean that you are right. 
    Im sorry you cant seem to accept what anyone says unless it suits what you want to hear. I have read your other thread for  which a link has been provide and it is clear that even being given lots of help and advice on that forum, much of it similar to what has been said that you are still unable to grasp that what you want to happen is not what the law says will happen.  
    Those who were trying so hard to help on the other forum have now backed away because of your constant denial and unwillingness to listen, even to the point where you were quite rude to one man who was trying to help you because he suggested you read links he had provided. Instead you told him you did not have time to read the links and that in the time he had taken to post them he could have answered your other questions!

    Someone suggested you use a zoom link to speak to someone who gave their time free but that was met with 'I don't have time and it's pointless anyway'. 

    It was also pointed out on the other forum that your defence was not adequate and that your claim for damages would not succeed but again you do not want to accept the facts but instead get angry with anyone telling you anything you dont want to hear.

    I wish you luck and hope that you dont get yourself into a situation where you push so hard that you end up paying additional costs on chasing a lost cause.
    I pity that you feel the need to try to judge and smear me. Maybe you would be best to help other members, who you might not have such a negative opinion of. 
  • Mojito1
    Mojito1 Posts: 35 Forumite
    10 Posts Name Dropper
    Tiglet2 said:
    Mojito1 said:
    spoovy said:
    I think you need to move on from this court case OP. You lost it, and honestly I'm not surprised. The law is like a game in that it has rules, and if you don't play by them you'll probably lose. That doesn't mean you are in the wrong, or that you weren't badly treated. There are some horrendous landlords out there and it seems you had the misfortune of running into one.

    If I were you I would now focus on more immediate concerns like your current living conditions, mental health etc.  I appreciate its a lot of money you now owe, but it is manageable; debt is always manageable in this country, thankfully. Ask on the debt forum for practical advice.
    I am sure your intention is not to be so demoralising and insulting, but honestly really is not helping me at all. I don't see it that I have lost my case at all. Your advice and opinion is not good - Why on earth would I just accept this and let it eat away at my mental health for the rest of my life?! People should stand up for themselves, in any way they are able to and victim blaming/shaming is something I feel extremely strongly against. I don't take kindly to people who are clearly victims / survivors of abuse, being smeared as gold-diggers. 

    I can assure you I AM focusing on my mental health and if I make a decision to argue my case in court and am asking for support for that, the very worst thing you could possibly do, is advise me that I am wrong and to go against my best interests. 

    Whatever you decide to do regarding continuing to argue your case, please bear in mind that you have already let this eat away at your mental health.  Since you have only one life, please don't spend a large portion letting this get in the way of living it.  Too many people get caught up in battles for years and forget to enjoy their life. Don't be one of those people who regrets the things they can't change rather than embrace the things you can.
    I appreciate the sentiment I think from your reply, but I have not "already let this eat away" at my mental health. You need to understand that everybody has different life experiences - For example, somebody else could have rented this property and had a completely different experience to me, or indeed dealt with this in a completely different way to me... Some people have already been battered enough through various life experiences and may not be as physically, or mentally as strong as others.... I do not see any other viable option I have, other than to try to fight this in court.... The consequences of me not doing the very best I can to argue my case on this matter, far outweigh any risk I may have of trying to fight my case. Yes, I would prefer to not have to deal with this at all, but that choice is out of my control. You may not be able to see the consequence of this, if I do not fight it, but I do have insight and experience into the consequences and am fighting for my best interests, for my future and protection of my health. 

    I do understand that you might not understand, but would just really like some clear, concise help and guidance with what I have already decided to do.

    Any attempt to dissuade me from what I believe and feel is right for me, is absolutely not appropriate or invited. 
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