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Hunter779

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Everything posted by Hunter779

  1. No I cannot live in a mobile home. Please stop diverting away from what I need help with, as that is causing me more stress and is not helping me. I do appreciate the help and support to date, but I haven't got time to waste on this matter and if I am going to continually be insulted, I will leave this site. I would appreciate help solely on exactly what I have asked for help with. I do not need any advice or help, other than that what I have specifically asked for. I have to say, sorry but I am astounded that somebody would waste the time of googling to see if I have previously posted for help with this on another forum, and then bizarrely use that as a reason to not help! ? Very strange. And as for the repeated insults and unsolicited advice, as to where you think I should live and how to find a property, as well as other random, insults - I am shocked. How RUDE, JUDGMENTAL and IGNORANT. Dx clearly doesn't want to help and can't make his mind up, and i've already had to ask several times for him to STOP berating me like a child. Are there any other property possession experts on here who can help with what I actually need? Failing that, it looks like a park bench it is then. Thank you so so much for the unnecessary added stress caused and for wasting what very little, precious, valuable time and energy that I have . Seriously stupid. And shameful .
  2. @unclebulgaria67 We don't think you have any case to take back to the Court. Then you clearly don't understand properly As has been said numerous times, go get local help and face up to the likely outcome that the landlord will take possession of the property and you have to find an alternative place to live. Please stop advising me to do things that are not going to help the situation. Yes, I think I realised that fact several months ago and have been unable to secure alternative accommodation and require MORE TIME, to do so, otherwise I will be homeless on the streets. The sooner you start looking into what alternative housing you can find, the better position you will be in. If you will become homeless as you cannot find alternative private rented, then the council should be approached for housing choices. If the Council have difficulty finding you suitable housing, the Job Centre because you are on Universal Credit, can do a duty to refer to the Council, asking for them to prioritise help with housing for you, as you are vulnerable with health conditions. There are no council housing options. There is a waiting list of about 5 years for council housing. There is no council housing available. I am also not considered priority as a single person with no children, and there is not even any housing available for people with children. The council can do NOTHING for me. My ONLY option is private rented, which I have been trying to secure for several months. Due to ongoing effects of the pandemic and also current cost of living crisis, there are few private properties available, and a huge demand and competition for those that are available. The current reality is that many private rented properties get snapped up within minutes of being advertised, and many also have 20+ applicants fighting for the same property. There are also very limited number of properties that will accept pets. These are all circumstance beyond my control and I may find it extremely difficult to move out within the time stated on the possession order. That is why I need urgent help to set-aside the possession order
  3. The council cannot help with this matter. Shelter would only consume many hours of my time and energy, only to confirm what I already know, or to advise me to seek legal representation. I do not have the time, energy or ability for this. I came on this forum, as the other forum is not as active and nobody available to help with what I need help with You keep saying in one post you can help, then in the next you can't. I don't have time for this and don't appreciate being messed about. Can anyone help with N244, or not?
  4. This has already been addressed several times in earlier posts, that is not going to help me and just making everything much more difficult, confusing and time consuming At least with somebody adding a link to help previously requested on another forum, you might be able to get a better understanding of the story, rather than me have to type it all out again from scratch I would appreciate help with the N244 application and thought you were able to help with that.
  5. Why would you be off after reading that thread? That forum is not as active as this one, and I obviously need help with this matter as quickly as possible. Have I committed some kind of crime from previously asking for help on a different forum ? I previously asked a different forum for help with drafting my defence. From what I remember I was told what I already written myself was sufficient to file at the court, so that's what I did. There is no need to berate me like a child and interrogate me like some kind of criminal because I have previously sought help elsewhere. You previously said you could help me win this. I am sorry if I have not used your quoting system properly, I am trying my best. I am sorry if you have to edit my posts, or if im quoting wrong - I have cognitive problems and trying my best There's really no need to go on some kind of witch hunt against me simply for having previously asked for help on a different forum. So what ? I am now asking for help on this forum. What do you allege I have done wrong exactly? Any help I have previously sought elsewhere is totally irrelevant. Are you not able to just help with the immediate situation as it currently stands, rather than tell me off for previously seeking help elsewhere ? I stand to lose a roof over my head and would very much appreciate help on this forum with what I have asked for help with, rather than keep having to explain myself like a naughty child
  6. @sts055 No you're not being helpful. @dx100uk Its extremely difficult and time consuming for me to keep answering the same questions over and over again. I thought you previously said you could help with this ? No need to tell me off for some perceived slight. I am trying my best and have clearly stated in several earlier posts the relevant information, and yet keep getting asked the same questions over and over
  7. How would you ever convince a judge that you have never received a copy of the right to rent document when the landlord has submitted in evidence a copy of it initialled by you at the beginning of the tenancy? I have already answered this above. The document might have been initialled, but I was not provided with a copy of the document, which makes the S21 invalid. Whilst your explanation is clear enough and not impossible why should a judge, on the balance of probabilities, prefer your explanation to what the landlord says? Because my version of events is the truth. If you want to prove the s21 was invalid you have to convince a judge that you never received a copy of the R2R document despite the landlord having a copy of it initialled by you . If you can't do that (if I've understood previous advice correctly) the judgement will not be set aside. As previously explained, I have been given no fair opportunity to do that and was not present at the hearing Are you arguing that you must be given the time to read the whole of the R2R document before the tenancy starts? As above, the claimant is legally required to provide a copy of the document to tenant at beginning of tenancy, which they failed to do
  8. Thank you - I did mention in several earlier posts that the right to rent document was not provided. Regarding the right to rent document. I stated, amongst other things, in my written defence to the possession claim that copy of the right to rent document was not provided at the beginning of tenancy, and that the S21 is therefore invalid. The claimants deny this (in addition to all other allegations) and have produced a copy of the right to rent document to the court with each page of it initialled/signed by me. That may have swayed the judge in the claimants favour. My argument to this is that at the beginning of the tenancy, when I was asked to sign and initial all of the paperwork, tenancy agreement etc, I was given no opportunity to read any of paperwork before signing, which was many dozens of pages. I was just told to initial and sign all of the pages. The letting agent left me with a copy of the tenancy agreement and various other things, such as gas certificate, energy performance, deposit scheme info, but she did not provide me with a copy of the right to rent document. She also forgot to provide me with a copy of the property inventory, which was subsequently provided when I requested it. So regardless of the right to rent document being signed by me, I was NOT provided with a copy of it. The copy I signed, without any opportunity to read, was kept by the letting agent and I was not provided with a copy. I have not had any possible chance to explain this to the judge, or to address any of the other spurious allegations made by the claimant, as I did not receive the claimants evidence until a few days before the hearing.
  9. Thank you for your reply. The accelerated possession claim was made as a result of rent arrears. The rent arrears have only accrued as a direct result of the claimants actions. The claimants are not claiming for the rent arrears in the accelerated possession claim, as they are not able to claim rent arrears using S21 accelerated possession. I suspect the reason they used accelerated possession was to prevent me being able to make a counterclaim. Briefly: The grounds for defending the possession claim are that I have chronic health conditions and disability that eviction would cause me exceptional hardship. The right to rent document was not provided at beginning of tenancy. That makes the S21 invalid. And S21 is also invalid, as it was served solely in retaliation for being too unwell with Covid and various other health conditions to accommodate a property inspection on their demand, which is malicious, unlawful disability discrimination and also grounds to dismiss their possession claim. And I can provide ample evidence to support all of the above.
  10. According to Shelter, you need to prove if the notice itself in invalid in your case. Could you tell us which conditions the s21 doesn't meet in your case? Yes I am already aware of that. I have tried to explain this in earlier posts. I will answer this question again later today and try to explain more clearly. PS I like UncleBulgaria's suggestion of an online chat with Shelter. What do you think? They're the housing experts. I appreciate this advice, but this would only make things much more difficult for me. I do not have the time or energy and it would just waste more time to go over everything all over again. I just specifically need help with drafting / completing court forms N244 etc
  11. I think I should apply for the transcript, to establish grounds of appeal as I was not present at hearing. I would be applying for help with fees. No it isn't. As said in earlier posts, I have some of the supporting evidence available, but not all of it. Due to ill health I have been unable to prepare and present all of my supporting evidence. Also, some of that evidence is from third parties and is not yet available. there is no possible way I would have been able to produce evidence against the claimants statement, as I did not receive copy of that until a few days before the hearing. I also would like to amend my previous written defence.
  12. Should I apply for a copy of the possession hearing transcript, as I was not present at the hearing? When submitting an N244 application to set-aside, would I be required to send all of my supporting evidence at the same time as the N244 application, or would another hearing be granted to allow more time to file all of my evidence?
  13. I am sorry, I do realise that and am trying to explain the best I can. Happy to answer any questions.
  14. Not really no, as its several pages of text. It's just a standard S21 notice stating that it is a no fault eviction. I am sorry, but there are hundreds of pages of papers relating to this claim and I have no possible way of scanning and uploading documents for you. By the time I figure out a way I could somehow scan and share everything with you, I might have bailiffs at the door to evict me by that time. All I can do is try to explain to you as best I can
  15. I do not have a functioning camera on my phone. I have no ability to scan and share documents.
  16. Great - Thank you. Would you possibly be able to help me with the N244 application to set-aside? On one of the side issues regarding the HCEO debt (DCBL) - Following the home visit from their HCEO on Monday, I sent them another formal complaint via email, as the HCEO was acting aggressively and amongst other things was shouting at my security camera, demanding I speak to him, early in the morning, also disturbing neighbours. An update - I have received an email from them today, in which they refer to my previous 1st complaint again falsely claiming that I allegedly made "several threats to life" during my past telephone conversation with them, claiming they had every right to send the police to my address for an emergency welfare check, which is absolutely false. They go on to threaten that if I do not send them medical evidence within 7 days, they will continue their enforcement against me. I would prefer not to engage with them at all - Should I ignore this, or send them a current fit note from my GP. I do not want to deal with them visiting the address again to potentially clamp my car, or bang on my doors, as I cannot cope with alot more. I am concerned that if I send them a fit note (which is all I have currently as written medical evidence) this will then escalate and they might then demand more communications, or more evidence, and I really do not wish to deal with them at all. What should I do?
  17. Thank you for the links - I have read. Due to severe stress I cannot think straight and get so confused as well with court terminology. Such as does appeal and set-aside mean the same thing, or are they different things? I still don't understand as you said in previous post that I can apply for a set-aside of the possession order using N244, but are you now saying I can't do that? Please could you clarify. The judge hasn't considered properly, as all the judge has seen is my written defence, without any of the supporting evidence required to prove that the S21 is invalid. I do not believe the judge has properly or fairly taken into account my defence. In addition the claimants introduced new allegations in their reply to my defence and due to not receiving copy of that until a few days before the hearing, there is no possible way that I could have had time to produce evidence against their statement. My written defence was also not worded very well, or set out / presented properly, as a defence should be, because I had no help to draft it properly. The same with the N244 application I made asking for extension of time would have probably been successful if it had been written properly. I do believe I have grounds for the possession claim to be dismissed/struck out/cancelled. The S21 was invalid as copy of right to rent document was not provided and I was served S21 on unlawful grounds of disability discrimination. The rent arrears have accrued solely as a direct result of their actions. Regardless of them not claiming the rent arrears, I do believe I still have a right to counterclaim for return of my deposit, in addition to grounds for the possession claim to be struck out/dismissed. I also have health conditions and disability that is also grounds to dismiss the claim. I also believe I have a very valid claim for compensation for distress caused and also various damages and financial losses, such as loss of income as a direct result of their actions. In addition the landlords are farmers and after I was served with S21 they not only unlawfully trespassed to threaten and intimidate me on the same evening of the day I was served notice, they also deliberately sprayed a high volume of commercial pesticides directly on myself and my pets. This is recorded on CCTV. My pets and myself suffered injuries from this, including breathing difficulties and my pets had chemical burns to their eyes. I haven't had enough time to prepare and present my evidence properly for any of the above in time for the hearing, due to ill health, and I don't think that has been taken into account properly by the judge. I shouldn't have to pay their costs, as they have caused this situation themselves and could have resolved without it ever going to court.
  18. Ok will do, thank you. I am just having a think about how best to provide you with more detailed information, rather than dribs & drabs, which might be even more confusing.. I am unable to upload all of the court documents as there is just too much and I have no way of easily sharing the papers. I hope somebody could possibly help with completing N244 form and any supporting documents? Please could you advise, the date to leave property on the court order is 6 January. Is that the earliest date the bailiffs could remove me from the property, or how long would it take after that for the claimant to apply for bailiff removal? I really need to know. So 14 days to appeal - The court hearing was on 5 December, I received copy of order today 8 December. Does that mean I would have to send N244 to the court on or before 22 December? Is there a specific day and time deadline? What would I need to apply for exactly? Is it an appeal? A suspension? A Set-aside? Or to dismiss / strike out the claim? Please could somebody help? Is there any specific information you would need to be able to help draft any supporting document / witness statement / or revision of defence etc? The judge also made a costs order against me. Do you think there is a reasonable chance I could succeed in stopping or delaying the eviction? I would very much appreciate if you could possibly help me win and would also like to claim damages from the claimant. Would I have to file all of my evidence in relation to my defence and any counterclaim at the same time as the N244? Such as CCTV, photos, emails, medical evidence, witness statement, revised defence? Or could I file that any later? I could have some of it prepared to file within 14 days, but some of my evidence is reports from third parties, and I do not think that will be available in time.
  19. It's not your fault - I cannot remember which thread I was reading about N245, but that probably wasn't relating to a council debt anyway and I am just confused. What would be the worst case scenario, if I didn't leave and the claimants applied for immediate bailiff removal - What is the minimum time I would have, beyond the date on the court order to leave before bailiff arrival? I would very appreciate any help and guidance with N244 application to stop or delay this and any help with properly drafting my supporting documents. Should I start a new thread for this in the possession section, or just continue here?
  20. Thank you for your reply. I don't understand what you mean by backroom braincell, could you clarify? Yes it would cause me exceptional hardship to leave sooner, but the judge has ordered I should leave within 4 weeks. Quick question, so if I didn't leave by the date stated in the possession order, how much time would I have from that date before bailiffs would arrive to evict me? So to apply for a set-aside, what exactly would I need to do? Is that an N244? I contacted the court before the 5 December hearing to advise that I was unable to attend on health grounds and the court told me that I could file an N244 anytime up until the time of the hearing to request adjournment.
  21. Yes, do I have any option to ask for another hearing and time to file my evidence? I would appreciate any guidance with exactly what I can do to appeal this possession order? I shouldn't have to suffer and fight like this, and the claimants are totally in the wrong. I don't believe i've been given a fair chance and would like to appeal the order. Am I able to do that?
  22. As above in post no. 46. And that the claimants have misled the judge and also being unable to attend the hearing due to ill health is beyond my control. I also provided the court with recent fit note. I feel this has put me in an unfair disadvantage and that the judge has made considerable error in their judgement and fairness Is there any specific application I can make to the court now to appeal this? And is there any deadline to do that? It would be incredibly difficult to secure another property by 6 January and this is causing me such huge distress. I need more time. Surely I should have a right to properly address the claimants false allegations made in their reply to my defence and file all of my evidence? I would like the possession claim to be dismissed/struck out and need more time to secure another property, due to circumstances beyond my control. Could anyone possibly help with this? As I am clueless.
  23. I am not entirely sure what documents/forms at the moment. I guess it depends on what the outcome was of the hearing on 5 December? The judge might have either ordered another hearing, or granted a possession order. I have emailed the court and waiting for a reply. I have just received a copy of the order made from the hearing on 5 December and the judge has granted a possession order for me to leave the property before 6 January. A brief summary: In my defence, I had pleaded for the accelerated possession order to be dismissed, as being evicted and homeless in this manner would cause me exceptional hardship and also severely exacerbate my various physical and mental health conditions. Or that in the event of a possession order being granted I asked for the maximum possible time of 42 days to secure alternative accommodation. My other arguments were that: The S21 notice was not valid, as I did not receive the prescribed information Right to rent document at the beginning of tenancy The S21 was malicious/retaliatory/unlawful eviction as it was served solely because I was too unwell with Covid and other health conditions to accommodate a property inspection on their demand. The agreement was for a long term let and I paid considerable expense to make required and agreed adaptions to the property, and would not have otherwise agreed to rent the property. The letting/managing agents have bullied and discriminated against me from before the tenancy even began and various breaches of tenancy agreement, including sending tradespeople to the address with no notice and breach of peaceful enjoyment of the property. The landlords have acted outrageously throughout the tenancy, stalking, harassing, spying and terrorising myself and pets. They have caused me substantive financial losses and interferred with my ability to work. Their harassment escalated as soon as the S21 notice was served, which included amongst other things the landlord trespassing on the property to threaten me. I have ample evidence of all of the above including CCTV, emails, phone call recordings, photographs and various other evidence. Other than my written defence, the only evidence I have filed so far is fit notes from my GP. The claimant filed a reply to my defence, denying all of my allegations, and making various false allegations against me. They denied that a long-term let was ever agreed and claim it was for a 6 month fixed only. They also deny any breaches of tenancy agreement and have now falsely alleged I have made adaptions to the property without permission, which is absolutely false. They also claimed that I did receive the right to rent document. They also deny serving me eviction on any discrimination or disability grounds, however I have ample written evidence otherwise. I did not receive the reply to my defence until 28 November. In my N244 application to the court, I applied for extension of time in order to fully address the allegations made in the claimants reply to my defence and more time to file all of my evidence, some of which is from third parties and is not yet available. And as a litigant in person, who is unrepresented, I asked for extension of time in the interests of fairness. I have a number of health conditions and think this judgement is hugely unfair. Do I have any option to appeal this to allow more time to present my defence properly and allow more time to secure another property? What application if any can I now make to the court? Would very much appreciate any help. Can I appeal this judgement and request a different judge? If so, how do I do that and is there a time deadline to appeal? Any guidance and help with this would be hugely appreciated
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