Counter Claim

[Ian2day]

Is there a limit on the amount of damages that can be counter claimed at an eviction hearing in the county court? If there is, can you counter claim for each individual infringement, or breach of your rights, that has taken place? Any judgements, case studies or precedents, that someone can refer me to, would be great.

[chloe]

Hi :)

I believe if you are being taken to court for eviction(plus claims of up to £5000.00) you may counterclaim up to £1000.00 for personal injury and £1000.00 for disrepair(also this disrepair itself must not exceed £1000.00).

However I probably have this TOTALLY wrong. Perhaps you should post here... http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings

I also was under the impression however that if you do not counter claim, but instead create a seperate case, that under fast track you can claim between £1,000.00 and £15,000.00 for unlawful eviction or harassment by a landlord and up to £5,000.00 for a personal injury case(as long as the damages for suffering, loss of amenity and pain do not exceed £1,000.00).

Please do not take any of this as gospel though, it is simply rightly or wrongly floating around the grey matter.

I have just joined (cb77) and I am getting fantastic help with a complete mess I have created, so maybe post all the facts and not only will someone clarify the amounts, but they may find other things they can assist you with, that you may have overlooked :)

[chloe]

Hmmm, ok my knowledgeable friend just said that their is no limit on a counter claim, just that any fees imposed are relevant to the amount claimed and rewarded

I'll try check it out with another friend in the morning if you do not get your answer by then, sorry for posting two completely conflicting opinions!

[girlgye]

Is there a limit on the amount of damages that can be counter claimed at an eviction hearing in the county court? If there is, can you counter claim for each individual infringement, or breach of your rights, that has taken place? Any judgements, case studies or precedents, that someone can refer me to, would be great.

yeah sure you can accept the order for value upon proof of claim. :)

[Ian2day]

yeah sure you can accept the order for value upon proof of claim. :)

Are you trying to get me to experience porridge for Christmas. They have believe it or not, timed it so as to evict me on Christmas eve. I think this little matter may be what has put people off the meet I've been trying to arrange. As they perhaps are perceiving me as having some ulterier motive in wanting to meet up with some others from the forum.

[girlgye]

Aw. Look I never thought that and if that's what they thought then they aren't worth inviting to meets are they. I never read into that at all.

Actually I have had an eviction process going on for just under 2 years and they haven't got me out. Thats largely because of my own ignorance of how to work the processes than anything. I just had a big todo with my landlord today and I'm slapping an injunction on him I'm proper sick of his bullying tactics.

OK so I haven't paid rent for nearly 2 years, I do see his point. However, I can't help the fact that I've had my car stolen and thereby being prevented from being a model slave nor can I deal with the fact that it was his frigging bullying that sent me into freefall in the first place!

So...dusting myself down and calming myself down. The court have of course delivered illegal Notices to me and I will endeavour to deal with the Chief Clerk next week. This should take all of 2 weeks to sort out and keep the wolves at bay whereupon I should have some idea of how my processes may or may not be working.

They cannot EVICT you unless you let them.

However, why are you asking for people's insights into this difficulty if you are not prepared to listen? Might I suggest it is that that may be putting people off.

I know your stressed Ian and a bully/psychopath enjoys watching you squirm. So dust yourself get your glasses on start doing the due. The information is gonna come up on the thread I've just started.

Above all trust your higher power.

x

[girlgye]

Actually I just love this guy

John Nelson he is a Doctor/Dentist check him out and in particular when armed sherrifs arrive at his door.

As well as Irene Gravenhost when dealing with mortgage bandits.

;)

[Ian2day]

I would prefer to move as I am not from the area I live in. So I would prefer to be able to obtain some financial redress for their breaches and harrassment. This would enable me to clear arrears and transfer to a different area all together of my own choosing.