noomill-v-Lord of the Slums

[noomill060]

Time for an update.

 

Did as judge directed and wrote to Housing Executive asking whether a rent of 119.63 would attract a personal contribution from tenant.

 

No of course not, much too low (LHA around here £79.00)

 

Sent copy of the letter to the Court and a directions hearing was instantly listed for 11 October.

 

Also, Ive had confirmation from NIHE that (if) rent was £30 odd, they wouild have paid me £15 per week, of the excess (the difference between rent and LHA limit)

 

So, does someone owe me this? Landlord or Housing Executive?

 

 

Also 2006 Act draws distinction between an official error (honest cock up by officials basing a decision on infomation provided by landlord and tenant at face value) and dishonesty on part of landlord tenant due to the withholding of material facts.

 

The way I read it, if a landlord witholds a material fact, an official Housing Benefit decision based upon the landlord's declaration (ie: failing to state that no certificate of fitness has been issued) which later is overturned by a rent officer cannot be an Official Error, as it was made in good faith.

Edited September 14, 2011 by noomill060

[noomill060]

Forget the last post.

 

Case was listed for hearing on 11 October I calculated total £270 plus £26 s.69 interest.

 

Landlord made offer of £285 paid immediately/within 2 days, which I accepted and the judge struck the claim out with liberty to reapply. The judge told me to reapply it he doesnt cough up.

 

Today, I checked the case events online and discovered something rather disturbing- my address on the court order had been changed without any reference to me!

 

The disturbing thing is that it had been changed from my current address as stated on my claim form, to an address five doors down from the property which I used to rent from the Lord of the Slums!

 

I dont live at number 20 and never have.

 

I did rent number 8 from Mr D (Lord of the Slums)

 

I jumped in my car and shot up to the Court to get an explanation.

 

The Court manager told me that the address had been changed on no more than the strength of information given by

"a member of the public".

 

I wonder who that was?

 

 

The court manager apologised and changed the address back ASAP.

 

I gave her my letter asking for the case to be relisted. The judge will get to see it on the 25th, apparently.

 

Im wondering if its worth reporting this unauthorised change of address to the judge as, had I not spotted the change online, all other court papers would have gone to an address where for all I know, Mr D would have had access to them.

 

Landlord could then claim he paid me and sent the cheque to the address supplied by the court, leaving me high and dry and I would have known nothing, as no papers would have been delivered to my current address.

 

 

Are we talking about an attempt to pervert the course of justice?

Edited October 13, 2011 by noomill060

[rebel11]

Hi Noom

 

You need to remove all personal details that can identify you and the other party, thats the reason it's been deleted.

The guys with the knowledge will advise soon as they are available.

[ScarletPimpernel]

I think you could use the PSNI's phrase that you 'believe you can connect the defendant to the offence', which does indeed sound like perverting the course of justice. Mr D sounds like an utter clown who clearly doesn't like the fact that you bested him in court, and are about to do so again.

 

I note that the news from Ulster is full of stories about dodgy lawyers, both dead and alive.

[noomill060]

Yes, there does seem to be a shower of dodgy lawyers on at the min!

 

Oh another thing, my online access to the NI Courts service small claims site has packed up!

[noomill060]

Panic over- phoned court manager this morn, she looked into it. What had happened was, by sheer coincidence the girl in front of me in court on Tuesday lived at number 20 in the same street I did. I remember talking to her as she had been going through hell with her landlord too.

 

Court clerk got us mixed up.

 

Also, Mr D's cheque turned up, so assuming it doesnt bounce thats the end of this story.

 

Time to go hunting the Barclaysnark again...

[ScarletPimpernel]

 

Court clerk got us mixed up.

 

 

Ah yes - one female, and with Norn Iron accent, the other male, with English accent. Easy mistake to make, so it is.

 

 

Time to go hunting the Barclaysnark again...

 

Dear Barclaycard

 

We haven't gone away, you know...

 

 

As an aside, it's a shame the Portadown News is no more; I'd have loved to see their article about Gerry Adams current familial embarrassment.