How to Press Criminal Charges

[adridude]

Hi,

 

Several years ago (within the Statute of Limitations 6 years), a previous landlord got an Order of Possession in his favor in court re 2 months rent arrears.

 

That very same day, whilst I was out, he changed the locks and when I got back, told me that ALL of my goods had been "thrown away at the dump" i.e. including, computers, televisions, laptops, new white goods etc...

 

At the time, when legal aid was readily accessible I got a solicitor to write to him, with an itemized inventory, with items priced at "second hand replacement value", which totaled about £5000.

 

Since then, because I lost everything, including paperwork i.e. passports, birth certificates etc... I had to reestablish my list, which I've done.

 

CAB have told me that this is definitely a criminal matter as well as a civil matter. Criminal in terms of the LL gaining access to the property without a Bailiff, as well as stealing all of my goods without following the correct procedures to get money owed.

 

And Civil in terms of the amount owed for the goods alone (this excludes damages etc.. which I could have slapped on.)

 

I personally have no idea how or where to start with this, and have no idea how to start criminal proceedings.

 

Can someone give me some pointers on how I should approach this?

 

Cheers,

 

A

[rebel11]

Thread moved to correct forum.

[adridude]

Thanks, I wasn't quite sure where to put it

[45002]

Hi,

 

Several years ago (within the Statute of Limitations 6 years), a previous landlord got an Order of Possession in his favor in court re 2 months rent arrears.

 

That very same day, whilst I was out, he changed the locks and when I got back, told me that ALL of my goods had been "thrown away at the dump" i.e. including, computers, televisions, laptops, new white goods etc...

 

At the time, when legal aid was readily accessible I got a solicitor to write to him, with an itemized inventory, with items priced at "second hand replacement value", which totaled about £5000.

 

Since then, because I lost everything, including paperwork i.e. passports, birth certificates etc... I had to reestablish my list, which I've done.

 

CAB have told me that this is definitely a criminal matter as well as a civil matter. Criminal in terms of the LL gaining access to the property without a Bailiff, as well as stealing all of my goods without following the correct procedures to get money owed.

 

And Civil in terms of the amount owed for the goods alone (this excludes damages etc.. which I could have slapped on.)

 

I personally have no idea how or where to start with this, and have no idea how to start criminal proceedings.

 

Can someone give me some pointers on how I should approach this?

 

Cheers,

 

A

 

.

 

Could you tell us then what year and month this was and why are you asking about this now ?

 

Local council could have start proceedings for a illegal eviction, but i think your a bit late now !

 

You may have had a case under civil law, but this LL could counter claim for Rent arrears against you, again your a bit late now !

 

Thank you ....

[Conniff]

Why have you started to action this now ?

[adridude]

I'm not actioning it, I'm merely looking into it. After the fallout from that, it took me a LONG time to get back on my feet, which has only happened in the last year or so. I didn't want to go head-first into anything big like that whilst I was in the middle of resolving other issues.

 

On top of that, I started to action it just after it happened (Nov 2009). but the solicitor I was using at the time shut down several months later (mid 2010) and since then, there's literally no legal aid for such instances.. The only legal aid you get in my area is for family law and criminal law :-/

[45002]

I'm not actioning it, I'm merely looking into it. After the fallout from that, it took me a LONG time to get back on my feet, which has only happened in the last year or so. I didn't want to go head-first into anything big like that whilst I was in the middle of resolving other issues.

 

On top of that, I started to action it just after it happened (Nov 2009). but the solicitor I was using at the time shut down several months later (mid 2010) and since then, there's literally no legal aid for such instances.. The only legal aid you get in my area is for family law and criminal law :-/

 

IMHO, after 5 years or so forget it !

 

.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?234268-Eviction-through-Posession-order-and-loss-of-personal-items

[adridude]

I forgot about that...

 

What about the replacement of the goods which I spent on all over again? They were sent an itemized list detailing everything that was missing and its replacement value. It totaled about £5000... Is it worth going down the small claims route then?

[45002]

I forgot about that...

 

What about the replacement of the goods which I spent on all over again? They were sent an itemized list detailing everything that was missing and its replacement value. It totaled about £5000... Is it worth going down the small claims route then?

 

Well if you want, the LL to make a counter claim against you for this

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?234268-Eviction-through-Posession-order-and-loss-of-personal-items&p=2899756&viewfull=1#post2899756

 

1) THe only paper served was the posession order from the judge. This reads the following 4 points:

- i) The def. gives the claimant posession of the

property

- ii) The defendant pay the claimant 3312.36 for rent arrears

- iii) The defendant pay the claimant costs of £610.00

- iv) The defendant to pay 3922.36 to the claimant on or before Nov 19th, 2009 (the actual eviction date)

 

 

Or did you forget about this ...

[goodatresearch]

But the LL owes him more than £3922.36?

[45002]

But the LL owes him more than £3922.36?

 

 

Did you read All the posts and link !

[goodatresearch]

Did you read All the posts and link !

 

Yes, did you?

 

The poster needs to get hold of a copy of the original court order and see what it says, if anything, about the personal property disposed of by the LL. Also, why did his solicitor close down?

[*RainbowTears*]

But the LL owes him more than £3922.36?

 

No the Claimant was the LL, so the OP owes/owed the LL £3922.36.

 

The OP also states his losses due to the LL keeping his personal possessions, are in region of £5000. As this was the cost to replace all the items the LL held onto.

 

IMHO this all should have been dealt with at the time, not 5 years or so after.