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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2482
Experience:  Over 5 years in practice.
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Regarding your help and correspondence we had about my case

Customer Question

Hi,
Regarding your help and correspondence we had about my case with harassing housemate - after I filed the Application for Injunction on Doncaster county court and paid those £308, I've got a court hearing date for yesterday together with my flatmate.
BUT the judge said that it was filed incorrectly and that he cannot do anything with it and he immediately dismissed the whole thing! He said to me to get some legal help regarding this.He said I should state some things which I didn't, like under which act was it filed (I'm not completely sure what he said) but the point was that he said It was done wrongly.I've sent you the drafted document, like you said and at the end you said 'good to go' and I was absolutely sure it's going to be fine. So what happened here?? I've lost £308 for nothing? Did you really check that document correctly? It wasn't good to go obviously.
Regards
Peter Sterle
Submitted: 2 months ago.
Category: Property Law
Expert:  JimLawyer replied 2 months ago.

Hi, I have not had problems like this previously and the court staff also check documents before they are put in front of a judge so normally if there was a problem then you would be told by the court staff. As such, the court should give you a refund of the fee if you ring the listing section at the court.

The court forms did state that you were asking for an order to stop the harassment. I can only think the Judge would be saying you should have cited Section 2 of the Protection from Harassment Act 1997 in the form but like I say, the court staff should have said there documents are not suitable. They may also want a Part 8 claim form (some courts do and some don't) - such as the attached. It would be an idea to go to the court counter in person and get them to check it - if they want a Part 8 claim form then take the attached with you - and ask them if they can process the fee again. The fee is recoverable from the harasser if the application succeeds. Apologies you had problems with this.

Customer: replied 2 months ago.
Hi,
Yes the judge was mentioning three things under which it wasn't filed, one of them was Protection from harassment act.
The meeting with the judge lasted some 10 mins and he also said like even if it would be filed correctly he is not sure if he would do anything or other judge later. He said- you two live together right? so one of you will have to cede.It sounded discouraging for me.
He said to me that I should go to the landlord first, which I replied that I did but the landlord doesn't want to get involved.
So what can a judge do in my case? give him fine for racism and threats? orders him to move out?When I go to the court counter again to ask for refund, should I state any rules or article to them to help me get my money back?
I'm not sure what you mean with this Part 8 claim form - I might need it for refund if I don't proceed with the case or later if I would still proceed with it again?
Expert:  JimLawyer replied 2 months ago.

The Protection from Harassment Act 1997 does not stop someone from applying for an injunction against someone just because they live in the same house though - the judge is wrong on that point.

The landlord needs to get involved or you can ask the local council to step in - because the council states that landlords have to ensure their tenants' health and safety is ensured whilst in the property. Some tenancies also have a clause to say no tenant is allowed to harass others. If so and your landlord doesn't want to get involved then report them to the council without delay.

When you go to the counter you can ask why the papers were not checked before they passed them to the judge - say that you have no legal training so you would have expected them to check before deducting the £308 fee. And ask them whether they can process the application again at no further cost.

No, the part 8 claim form is to issue a claim - and then the N16a application comes afterwards - but not all courts expect this so the people at the court counter should be able to tell you.