county court

[xladylollipopx]

This is a very long story so i apologise in advance!

It all started when my 21 year old son decided to move out and rent a flat with a workmate, this was june 2007 after a month my sons flatmate moved out( i think the reality set in about how much it costs to run a home) anyway my son decided to stay and got another friend to share the rent, everything was fine until he had a disagreement with his landlords nephew who lived next door (this disagreement was over a girl) everything seemed to be sorted out between them until 15th september 2007 when my son woke up at 4am hearing the door bieng smashed, he went to investigated and was confronted by his neighbour and a baseball bat after a prolonged attack he managed to escape and come home ( i have never seen so much blood) anyway he went to hospital and was discharged later that day. his problems started after we recieved a letter from his landlord demanding money for the damage to the flat (which his own nephew caused) and a demand for rent. we paid the rent and all utilities all when were due as his lease still had 3 months left to run(which was difficult having to find another £600 per month) anyway the letters kept coming about the damage so we consulted a solicitor ( who was very pompus and was more bothered about how my son was going to pay his fee he told us we would be better paying them and drawing a line under the matter, meanwhile the landlords nephew had been charged with aggravated burglary with intent and bailed.we decided to try and find the money and just pay it so my son could try and forget and move on. everything was quiet after we paid for a couple of months, then out of the blue my son recieved a letter from his landlords solicitor with a demand for more money and threatening legal action.we decided to defend the claim and consulted a solicitor who told us we could counterclaim as the landlord had not put my sons bond money in a tenancy deposit shceme as required by law. we paid all the fees and waited. the judge ordered that each party sould submit evidence by a certain date, which we did. we recieved a letter from the landlord via his solicitor saying he was prepared to drop the claim if my son did my son decided he wanted to defend himself against the man who had made his life a misery for months.so we waited for the court date.the court date was set and we were all prepared(i was acting on my sons behalf as he is dyslexic and suffering with stress)the court date was then adjoured as the landlord failed to pay the court fee. the judge decided to strike out the landlords claim and my son could enter judgment. the court ordered the landlord to pay my son. months passed and we heard nothing. we then decided to issue a warrant of excecution against the landlord. this was issued and the landlord applied to have judgment set aside claiming he had no idea what the claim was for and after my son paid the first amount of damages that he took no further action. on the day of the hearing me and my son were present but the landlord didnt show up so the judge dismissed his claim and the warrant be returned to the bailiff. now the landlord has put in another application to have the judgement set aside and the hearing is set for 24th september i am unable to attend as i am on holiday so my mum is going with my son. were we in the wrong or was the landlord? i should also say the landlords nephew was convicted and was sentenced to 18months imprisonment, my son then suffered a mental breakdown and has made countless attempts on his life. in december last year he was diagnosed as being bi polar. sorry for the long saga and sorry for any spelling mistakes. ladylolli xx

[WelshMam2009]

No, I don't believe your son was in the wrong....just a few comments...

 

Firstly, the Landlord should have been insured for such damages.

 

If he wasn't insured then given that his nephew was prosecuted, he should have been pursuing him for any damages and not your son.

 

Regarding the court case, were you given an opportunity to specify dates of unavailability? I would be inclined to ring the court on Monday and explain that you are away and what you should do in order to get the date moved....that's assuming you want to be there. If not then let it stand.

 

Given that the application to set aside has been dismissed once already, I'm surprised that this is even getting to court a second time.

 

Did your son receive any compensation for his injuries? Perhaps you should look into this.

 

Finally, best of luck, will flag up for a Mod to comment...and enjoy your holiday, sounds as if you deserve it!!

[xladylollipopx]

we thought everything was done and dusted when the judge dismissed the landlords application we were just waiting to hear from the bailiff. when this latest application dropped through the letterbox with a hearing date. to be honest im glad i cant go as it has taken its toll on me the last couple of years. i think my mum is quite capable of dealing with this for me. this break is just what i need. my son didnt recieve any compensation from the court however he has put in a claim for criminal injuries. what i cant believe is the landlord saying that after my son paid him. he took no further action!!!! he took my son to court isnt that action? anyway thanx for the info i feel a little less alone now ladylolli xx

[steven4064]

Hi ladylolli

 

I agree with Welshman

 

Just one point of clarification - the nephew's conviction was presumably related to the event when your son got asaulted in his flat?

 

THis landlord hasn't a leg to stand on. Just stand firm, make sure the court is aware of the nephew's role and conviction, irrgularities with bond scheme, etc.

[xladylollipopx]

yes the conviction was for the assault in my sons flat. i hope the judge sees it our way. thanx for your comments. ladylolli xx

[steven4064]

cerberusalert asked me to ask you whether your son applied for criminal injuries for the original conviction? Can I apply? | Criminal Injuries Compensation Authority

[xladylollipopx]

yes his application for criminal injuries has just gone in. x