Was I illegally evicted?

[bedlington83]

Just a thought, but isn't it possible (probable?) that she's desperately searching for a solicitor who will believe the lies she's telling so that she can avoid the certain consequences that all the previous solicitors have told her are inevitable?

[MrShed]

Quite possible

 

Still following this one with massive interest - I really want to see the landlord hoisted by her own petard.

[goonerbst]

Just a thought, but isn't it possible (probable?) that she's desperately searching for a solicitor who will believe the lies she's telling so that she can avoid the certain consequences that all the previous solicitors have told her are inevitable?

I hope so as I do not think she will get very far, well actually I do hope she makes it to the county court

 

Quite possible

 

Still following this one with massive interest - I really want to see the landlord hoisted by her own petard.

Sir you are not the only one! I have found some very interesting articles since on the nearlylaw blog and painsmith blog...........one would think my examplary damages should be exemplary!

 

I have also got records of property she owns from Land Registry, not sure if this assists if she changes deed owner and she has changed this due to this case, but I like to have everything in order

[goonerbst]

***********Major Update*************

 

Received this this morning

 

 

[goonerbst]

Also received this today:

 

 

[goonerbst]

Now the thing with the above is the solicitors have attached the following items:

 

Orange Phone Bill

O2 Phone Bill

Halifax Bank Statement

NationWide Bank Statement

TV License - Not in my name????

EDF Letter

SKY

 

These are bills that are in debt at the moment and I am dealing with each and every single one of them and they all relate from this whole episode. I think they are trying to say that as I have no money they are trying to offer me £1200 as they think I have no money.

 

Also where the hell does her £8000.00 counterclaim and costs/damages come from? I have emails from her stating the amount she reckons is £1900???

 

I do not need the above offer, so do you advise me to contact him?

Hold out for more?

Not sure where I am on this one?

 

Also the terms state that she will not let my creditors know where I am, well all the photocopies provided have her handwriting on stating that they have all been called and I am currently dealing with them anyway and they have my new address and contact details etc.

 

 

Also what right does she have in opening mail addressed to me, thought this was a breach of : Regulation of Investigatory Powers Act 2000.

[fdpm]

Hi, I'm following this with interest - Landlords like this give the good ones such a bad time! I'm a landlord and follow the guidelines and code of practices laid out by the National Landlord Assc and really hate it when I see things like this.

 

Don't let the solicitors letter bother you - you have a very strong case against this landlord and they are just trying to frighten you into accepting her measly offer in order to make it all go away.

 

Stick to your guns... I would suggest at this point you really do go and get a solicitor to act on your behalf... you have a strong case and they can add their charges to your case - she will have to pay them because you will win... she acted illegally and evicted you without following the proper legal route... end of story.

 

Good Luck

[MrShed]

That is really quite amusing.

 

IMHO she has shot herself in the foot by opening your mail and sending effectively a blackmail letter.

 

I have never heard of this "security" element before, and I have asked a mod to look in to see if they can advise further.

 

My first inclination would be to try and find out more details regarding the actual counterclaim - I cant see how you can make an informed decision without detailing what she intends to counterclaim for.

 

I think it is VERY telling that she has offered a cash settlement.

[MrShed]

The other area of note is that the cash settlement "offer" expires before you will receive her particulars....

 

This is a bluffing letter in my opinion, trying to bully you out of continuing.

[goonerbst]

I can see on the WWW that a court can award a Security for costs. I cannot see how her costs and counterclaim will amount to 8k? coincidentally that is the amount I alluded to in my first email to her? Conveinient?

 

Also surely she has broken the Regulation of Investigatory Powers Act 2000 by opening my mail and retaining it? How can she retain my mail and hold it in her posession?

 

He email to me states her damages were £1800ish, so cannot see how the rest will amount to £8k

 

Also she has no defence to what I am taking her to court ofr so cannot see how she can respond with a defence.

 

I would like to reply to the solicitor and I dont know what to write and what to include?

 

I would settle for 5.5k as this would put me back in the situation I was in before all of this. I am not in a situation where I need money as I am at the folks and being well looked after.

[MrShed]

Security for Costs is often used in a litigation tactic.

Taken from :Security for Costs - Commercial Law Articles and News - Lawdit Reading Room

 

Interesting to read 25.13 of CPR:

 

Conditions to be satisfied

 

25.13

 

(1) The court may make an order for security for costs under rule 25.12 if –

(a) it is satisfied, having regard to all the circumstances of the case, that it is just to make such an order; and

 

(b)

(i) one or more of the conditions in paragraph (2) applies, or

 

(ii) an enactment permits the court to require security for costs.

 

 

 

(2) The conditions are –

(a) the claimant is –

(i) resident out of the jurisdiction; but

 

(ii) not resident in a Brussels Contracting State, a Lugano Contracting State or a Regulation State, as defined in section 1(3) of the Civil Jurisdiction and Judgments Act 1982 7;

 

 

© the claimant is a company or other body (whether incorporated inside or outside Great Britain) and there is reason to believe that it will be unable to pay the defendant’s costs if ordered to do so;

 

(d) the claimant has changed his address since the claim was commenced with a view to evading the consequences of the litigation;

 

(e) the claimant failed to give his address in the claim form, or gave an incorrect address in that form;

 

(f) the claimant is acting as a nominal claimant, other than as a representative claimant under Part 19, and there is reason to believe that he will be unable to pay the defendant’s costs if ordered to do so;

 

(g) the claimant has taken steps in relation to his assets that would make it difficult to enforce an order for costs against him.

 

 

[MrShed]

They CANNOT IMPOSE Security of costs against you, as none of the sections in paragraph 2 apply!!!

[MrShed]

Letter back:

 

 

WITHOUT PREJUDICE

 

Dear Sir/Madam,

 

I thank you for your letter dated X, with regards my current claim against Y.

 

After careful consideration, I must reject your offer of £1200 in full and final settlement of my claim.

 

My reasons for this are as follows:

 

1) You will be unable to secure costs against myself, as 25.13 of the CPR only allows this in certain circumstances, none of which apply to myself as Claimant.

2) I consider the claim itself to be without valid defence.

3) I consider the counterclaim itself to be potentially frivolous. Unfortunately, the timing of your offer means that I have no details of the potential counterclaim.

4) Due to the above 2 areas, I consider it extremely unlikely that I will bear any responsibility for the defendants legal costs, nor any counterclaimed monies.

5) The issue concerning my creditors is already in hand, and they have my current contact information already.

 

I am also concerned that your client has not only opened mail directly addressed to myself, but has used it as a potential leverage point in this case. This has been noted, and will be brought to the attention of the court during the course of this litigation.

 

In the interests of a quick resolution to this matter, I am prepared to accept an offer for full and final settlement of this matter, but this will be no less than £5500. This figure is This I believe is less than I am entitled to, but I am as keen as your client to resolve this matter. I will give your client until the 4th of April to agree to this as an out of court settlement.

 

If your client does not wish to accept this offer, I see no benefit in any further negotiations, and as such I am no longer prepared to discuss this matter out of court.

PLEASE make sure someone else reads this first...!!!

[fdpm]

Don't put 'without prejudice' on the letter because that means you cannot use it in evidence.

Without Prejudice

 

A legal phrase that allows parties to discuss and negotiate a settlement to a legal claim, without admitting liability. Any documents headed "without prejudice" cannot be used in evidence in any subsequent court case without the permission of both parties.

 

 

http://business.timesonline.co.uk/tol/business/law/article6846025.ece read this

[goonerbst]

Don't put 'without prejudice' on the letter because that means you cannot use it in evidence.

Yeah I am aware fo that, I would have thought though I should be putting that in this scenario?

[fdpm]

Not if you wish to advise the court about her keeping your letters and opening them - which you have said in the letter

 

I am also concerned that your client has not only opened mail directly addressed to myself, but has used it as a potential leverage point in this case. This has been noted, and will be brought to the attention of the court during the course of this litigation.

[goonerbst]

Not if you wish to advise the court about her keeping your letters and opening them - which you have said in the letter

 

I am also concerned that your client has not only opened mail directly addressed to myself, but has used it as a potential leverage point in this case. This has been noted, and will be brought to the attention of the court during the course of this litigation.

Surely there must be a way around that? I was wondering that?

[MrShed]

As they have put "without prejudice" it may actually be difficult to do anything regarding the post element.

 

Remove that part from the letter.

[goonerbst]

As they have put "without prejudice" it may actually be difficult to do anything regarding the post element.

 

Remove that part from the letter.

But surely they then cannot use that as evidence then that I do not have funds for Security of costs in court?

 

Regardless whether they have written without predujice surely I have a legal right to the fact they have my mail and are holding it and have opened it? Otherwise does that allow me to open your mail Mr Shed/FDPM Well and send you a letter Stating "Withought Predujice" and send copies of your personal mail.?

[goonerbst]

Something else to add, can I use the folllowing as leverage in my letter?

 

I have been unable to report her to the London Council or the Metropolitan Police for the unlawful eviction under the Protection fromEviction act as I am in the north at the moment have tried to do it online but to no avail. Can I state that I will not make an allegation of this if it is settled satisfactorily in my eyes?

[goonerbst]

But surely they then cannot use that as evidence then that I do not have funds for Security of costs in court?

 

Regardless whether they have written without predujice surely I have a legal right to the fact they have my mail and are holding it and have opened it? Otherwise does that allow me to open your mail Mr Shed/FDPM Well and send you a letter Stating "Withought Predujice" and send copies of your personal mail.?

 

Something else to add, can I use the folllowing as leverage in my letter?

 

I have been unable to report her to the London Council or the Metropolitan Police for the unlawful eviction under the Protection fromEviction act as I am in the north at the moment have tried to do it online but to no avail. Can I state that I will not make an allegation of this if it is settled satisfactorily in my eyes?

Anyone as I would like to get this letter sent off today. Thx all

[NewSAHD]

Anyone as I would like to get this letter sent off today. Thx all

 

Read through this thread last night for the first time with some interest.

 

At this point in time, unless there is some pressing need that a letter MUST go tonight, I would suggest that "more haste, less speed" - and sleep on it for a couple of nights, if needs be.

 

As MrShed said just a short while ago

 

"PLEASE make sure someone else reads this first...!!!"

 

With absolutely no discourtesy at all to all other posters who have been helping you out - and as was said in an earlier post to you, I think - have you sought any independent, suitably qualified legal advice too?

 

If you charge in now, without full and proper consideration of the consequences, you may not only prejudice your position, but find yourself in quite a different place to that which you had hoped. Creek and paddles comes to mind.

 

So, unless the letter MUST go tonight, suggest you sleep on all that has been said.

 

Plus, on the bright side, why not let the landlord and her solicitors sweat a bit for a short while ?

[MrShed]

I think, at this stage, you need to be very wary about the post issue.

 

As the letter states without prejudice, you cannot produce it in court unless they agree (which clearly they wont).

 

As such, you could jeapordise your case, or at the very least p**s off the judge.

 

Leave it out for now - or at least leave out the bit about it being used in court.

 

I think it is very much worth mentioning that with the aim to resolve this quickly, you have not currently reported the criminal offence of unlawful eviction. I would state you will or wont, etc etc, but I would certainly state that you havent and you could have.

[MrShed]

At this point in time, unless there is some pressing need that a letter MUST go tonight, I would suggest that "more haste, less speed" - and sleep on it for a couple of nights, if needs be.

 

As MrShed said just a short while ago

 

"PLEASE make sure someone else reads this first...!!!"

 

With absolutely no discourtesy at all to all other posters who have been helping you out - and as was said in an earlier post to you, I think - have you sought any independent, suitably qualified legal advice too?

 

 

I agree wholly with this sentiment by the way.

 

All of us try to help as much as possible, but at the end of the day we arent legal professionals (or at least most of us arent ), and more importantly, we are not liable if any of this info is incorrect.

 

That said, what hasnt been said on the forum but was mentioned between the OP and I in PM, is that the OP did seek legal advice. If memory serves, the standpoint of these advisors was that the OP had a very strong case.

 

Although I ALWAYS advocate taking legal advice, as the letter has not revealed anything new legally, I dont think it is an absolute neccessity at this stage, due to the prior advice received.

 

More haste less speed is a very good comment to make dont rush on getting this letter out tonight.

Edited March 24, 2010 by MrShed

[NewSAHD]

Thanks for the heads up, helps put matters in a slightly different context.

 

Did the solicitors charge a fee though for any advice they gave - or was it more "on the face of it you seem to have a strong case"?

 

(EDIT: Sorry, re-read your post, you have already kind of answered my question. Off now to cook tea for three hungry little NewSAHD's. Will check back in later, as interested in how this pans out now. Oh, and best of luck too)

 

Sorry if that sounds slightly cynical, but just checking all bases at the moment.

 

I would add that you can post the answer to me as a PM, if you wish, as I started lurking on other forums last night to see if there were any "similar" threads about - curiosity had got the better of me and was tempted to follow this up again tonight, if you or the OP haven't already done so, of course .

 

More haste less speed is a very good comment to make dont rush on getting this letter out tonight.

 

Cheers. Plus, the other side have to sweat it a bit longer too :grin: , which may be no bad thing!

Edited March 24, 2010 by NewSAHD
(EDIT: Sorry, re-read your post, you have...