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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 626
Experience:  Solicitor
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URGENT! Harassment Claim - close to statutory time limit

Resolved Question:

URGENT! Harassment Claim - close to statutory time limit (UK)
This comes to seek professional advice on a claim for Harassment against my wife by Estate Agent (Agents) from whom I (sole tenant) privately rented a flat where I was living under an AS Tenancy Agreement from 25/09/2009 to October 2010.
Statement of Claim
In June 2010 my health began to suffer so I needed my wife who was pregnant and living in London at the time to come and stay with me in my Bath flat so we could support one another. She obliges and we were staying together in my flat from 27/06/2010. I gave the Agent prior notice (by email) that my wife will be coming to stay me at the flat.
In September 2016 my medical condition worsen and I was on hospital admission while my wife and out 2 months old baby remain in occupation at my flat. I informed the Agent of my hospital admission by email on the 25/09/2010. With the knowledge that I was in hospital, the Agent began a 5 days (consecutive) harassment conduct against my wife designed to force us out the flat without due legal process.
On the 5th day of the harassment campaign the Agent deliberate locked my wife and our baby (just two months old) in the flat for more than 6 hours. The police had to force the door open to rescue my wife and son. My wife collapsed at the feet of the rescuing police officers who called the Ambulance services. The Ambulance services attended our home flat at about shortly after, administered emergency procedures on my wife and reported that her medical collapsed was the result of trauma suffered from been locked for prolonged period.
In days that follow my wife condition worsens and her GP, concerned about her poor mental stated, promptly referred her to the local NHS Mental Health Unit in October 2010. My wife remains a patient at the local NHS Mental Health receiving mental health treatments until September 2016 and, she has since been a patient at a private mental health hospital.
Psychiatric doctors’ assessment reports on my wife’s medical condition confirm that the severe psychiatric injury she is suffering from was caused by the Agent prolonged harassment conducts against her person. My wife is still on high dose of antidepressant and her Psychological treatment has been focus on coping mechanism to help her deal the post-traumatic effect of the Agent action.
There is little doubt that my wife has an harassment claim against the Agent, under the “Protection from Harassment Act 1997”, with a limitation time of six (6) years. Although, the harassment was conducted 30/09/2010 (the start of the 5 days campaign), my wife has been unable to start a claim because of her ongoing mental health conditions. Unfortunately, she now only has end of this month (30/09/2016) by which she must file her claim to prevent it from been time barred. We are determined to file her harassment claim before the statute time barred date.
Given that we now having to file a claim close to the end of the 6 years limitation period, we intend to give the Agent notice of the Claimant’s intention to issue proceedings and invited the court to extend time for service of the claimant’s supporting documents and for service of any defence. Therefore we would be pleased for your assistance on this matter and for any information you can provide on the following:
1. Kindly inform on how you can assist on this or steps we ourselves can take to file a time extension application with the court to complete claim investigation.
2. Also, please inform on steps to file and to stay a proceedings while the recommended steps in the Protocol are followed.
3. The defendant to the claim is an Estate Agent (Ltd), can the Landlord be made a joint defendant in the claim?
4. Considering the claimant ongoing mental health problem and impairments, can a member of family send letter of notification and/or letter of claim to the defendant on behalf of the claimant?
5. For the same reason as in (4) can a member of family acting with claimant’s authority file a claim application with the court, to start or stay claim proceeding?
We express, in advance, our sincere gratitude for your time and consideration on this matter. We look forward to your prompt reply.
Best regards,
Submitted: 1 month ago.
Category: Law
Expert:  Ben Jones replied 1 month ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Jamie-Law replied 1 month ago.

Hello my name is ***** ***** I will help you.

The other lawyer opted out, do you still need help?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 626
Experience: Solicitor
Jamie-Law and other Law Specialists are ready to help you
Expert:  Jamie-Law replied 1 month ago.

You complete form N1:

Take it to Court. They will seal it, this stops limitation.

You then have 4 months from that date to send the particulars of claim and claim form to the Defendant(s)

You can issue against both the Landlord and agents.

Does that clarify?

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