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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 777
Experience:  Solicitor with over 15 years experience.
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I have a court case on Wednesday to set aside a can judgement

Customer Question

Hi I have a court case on Wednesday to set aside a can judgement .my landlady claims I owed her money but I have text messages that prove she also asked me to replace items such as the washing machine , sofa , dishwasher and also I had to get decorators in to get rid of mould which affected my health I have the doctors report for this and receipt from the decorators . She then while I was living there proceeded to get more money by renting out the spare room to students of which she kept all the money but She asked me to decorate that as well which including new bedding came to about £1000 . I do not have a lawyer on Wednesday but could do with me advice I am hoping that the fact that the court has given me the opportunity to set aside the claim means I have a good chance of setting the original co aside
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
I have receipts and doctors notes plus I have printed the text messages that she also says not to pay any money into her account of which she didn't give me receipts
Expert:  LondonlawyerJ replied 9 months ago.
Hello, I am a solicitor with 20 years experience I will try to help you with this. In order to do so I need a klittle more information. How much money is her judgment for, when was it made, were you present at court when her order was made, if not why not when did you discover the order. Has there been a delay. what was the cause of he mould|?
Customer: replied 9 months ago.
Hi and thank you for your help .her original judgement was for 16.000 claiming I had made no payment , I have since had the accounts from the housing office that this was not the case as since 2012 she was paid directly by the housing office . I was a tenant since 2009 and in 2012 she claimed I owed her £1837 her daughter sent me an email which I have a copy of and then she called me and asked me to give the money to her daughter in cash and not to pay it into her account I went to the bank and withdrew 1500 leaving myself with 7 pounds in my account , I have a copy of the transaction and I gave the cash to her daughter , her daughter did not give me a receipt . So by then I was only 37 pounds in debt to her and all payments were made directly to her there was a shortfall every year of about 1500 , my son was getting very sick by their stage and my daughter had moved out and I wasn't working so much I explained this to my landlord and suggested she evict me , but as I had already paid the debt and was not in arrears and the property needed so much work that she would have to redecorate and rewire , fix the toilet and heating etc she did not do this , I told her about all of the things that needed fixing and she said I should fix it and take it off the money I owed her , I also discover mould in my bedroom this made me very sick and I had breathing problems and a rash on my heads which is indicative of the symptoms of mould , the mould was in the fitted wardrobe which backed onto a chimey there was slates missing from the roof and this was causing it to leak , she sent someone who said that there was nothing wrong with it but it was obvious the mould was there the man told me to clean it with bleach which I did and I had to throw away a lot of clothes , by November she still hadn't done anything and the mould was coming back so I had professionals in to deal with it and redecorate the flat , the landlady had told me to redecorate as she still claimed I owed her money , she never told me how much I owed or gave me a rent book or tenancy statement , she also told me to make the spare room more appealing , she had a mother and daughter coming from France and she told me to buy 2 single beds to put in the room and buy bedding which I did and I have the receipts for this also I also bought a new sofa and table and chairs for the kitchen I explained again to the landlady that there was a lot of things that needed fixing that I couldn't fix the toilet was leaking and my son was getting very sick he had by this time developed audio epilepsy and the noise from the toilet triggered his seizure I e planned this to her and she laughed saying it wasn't possible , every time my son went to use the toilet he would have a seizure , I discovered afterwards that this was so distressing to him that he ended up going to the toilet in bottles in his bedroom , all this is documented by photographs and specialist reports as his epilepsy nurse came to the house to check of the toilet was one of his triggers , it was also noted in the occupational therapist report , this was very distressing and evidence of where a fixable problem could have solved the problem , I asked her to fix it many times but she refused I have discovered that since leaving she has actually replaced the toilet , I had the same problem with the central heating , when she rented out the room to various tenants I told her the radiator wasn't working and that I had givern her tenant an electric heater but this would of course increase my bills , when I asked for a contribution to the increasing bills she refused and as she was taking all the money from the tenant directly by now I couldn't ask the tenant so I asked the tenant to leave which she did no she took keys with her I think mrs Denton rehoused her in one of her other properties although she claims to have refunded the tenant , since leaving the property I have photographic evidence that she has replaced the central heating . I have over 40 text messages over this period of time asking me to give money to her daughter which I did of various amount of which I never received receipts for and instructions to purchase items and replace furniture .but I never ever received any messages other than in April 2012 from her daughter stating exactly how much I owed . I was not present at court as my son is very sick now having up yo 12 seizures a day and needs 24 hour care he is awaiting a brain operation . I am currently working for myself 2 days a week and m on benefits . The landlady also sent me a letter adding on costs for redecoration and loss of rent and court fees totalling £27000 and she now claims I owe her that amount .
Customer: replied 9 months ago.
I also have on my original tenancy agreement that I paid one month deposit and one month in advance although this was signed by both me and the landlord she Denys that I paid her a deposit and a month in advance even though it is documented on the agreement
Expert:  LondonlawyerJ replied 9 months ago.
When was the hearing leading to the order. Did you know about it in advance? If you were unable to attend due to ill health of your son what did you do to tell the court about it?
Expert:  LondonlawyerJ replied 8 months ago.
If the order was made after a trial then CPR rule 39.3 will apply 39.3(1) The court may proceed with a trial in the absence of a party but –(a) if no party attends the trial, it may strike out(GL) the whole of the proceedings;(b) if the claimant does not attend, it may strike out his claim and any defence to counterclaim; and(c) if a defendant does not attend, it may strike out his defence or counterclaim (or both).(2) Where the court strikes out proceedings, or any part of them, under this rule, it may subsequently restore the proceedings, or that part.(3) Where a party does not attend and the court gives judgment or makes an order against him, the party who failed to attend may apply for the judgment or order to be set aside(GL).(4) An application under paragraph (2) or paragraph (3) must be supported by evidence.(5) Where an application is made under paragraph (2) or (3) by a party who failed to attend the trial, the court may grant the application only if the applicant –(a) acted promptly when he found out that the court had exercised its power to strike out(GL)or to enter judgment or make an order against him;(b) had a good reason for not attending the trial; and(c) has a reasonable prospect of success at the trial. This is the most likely section to apply so you need to be able to explain why you were not there, or represented. YOU need to be able to show that you have a defence that has a reasonable prospect of success if the order is set aside and you must show that you acted promptly.
Customer: replied 8 months ago.
I have already sent the evidence for my defence and explained why I could not attend court that is why I have a hearing to set aside the original judgement . My questions are regarding my defence looking at all the evidence I have regarding payments made and work carried out on the property at her request which she at the time said she would take from the money that I owed her but she never told me how much money I owed her so I just continued to do as she requested at my own expense she now in her claim says that I still owe her Money and that I never paid a deposit or paid anything to her due to the shortfall in the bedroom tax despite me asking her in 2012 to evict me because my daughter did not live there any more
Customer: replied 8 months ago.
So tomorrow I already have a hearing to set aside the judgement
Customer: replied 8 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 8 months ago.
I would like to know if there is anything else I can add , what would be the chances based on the information of having the case set aside .
Expert:  LondonlawyerJ replied 8 months ago.
In order to succeed you need to be able to credibly argue the 3 factors set out above. In order to show you have a case take the evidence with you. All of it and with copies for her and the court.eg the proof of payment of HB which she denies receiving sounds like it could be powerful evidence, structural disrepair as described you is actionable and can lead to compensation if you can prove it existed.I don't understand how she could rent out a room in your home to a student.From what you describe it does sound like you have a chance of succeeding in the appllcation. It is impossible to give a proper assessment of likelihood of success on this service, even in a phone call. If there is any extra evidence take it along to court with a copy for the other side and for the court.

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