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Does the Judge violated a court rule? and can I dispute the jurisdiction of the court to hear my claim?


bossy
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I filed a claim against my landlord for its failure to excise its statutory duties and failure to perform its obligation under the terms of my lease.

 

  • The landlord violated s.168 and s.155 of the comonhold and leasehold Reform Act 2002 and paragraph 16C of schedule 6 of the Housing Act 1985.
  • The Landlord breach s.2(3) c of the lease and paragraph 4,5,6 of the Third Schedule of the Lease.

 

The District Judge Wakem sitting at Lambeth County Court Ordered in September 2011 as follows

 

IT IS ORDERED THAT

Listed for allocation/directions on November 2011 at 11.30 am,time estimate 1hour at Lambeth Court, Court House............. to clarify claim/defence - it appears most if not all the matters pleaded in the claim are res judicata.

If the Defendants make an application to strike out the claim prior to the allocation/directions hearing the allocation/direction hearing will be adjourned to be dealt with at the conclusion of the hearing of any strike out application.

In October 2011, The court Issued another Order

 

Upon reading an application from the Defendant

IT IS ORDERED THAT

 

1. The hearing of 2 November 2011 be adjourned to be heard with the attached defendant's application(see attached) on January 2012.............. where you should attend. This hearing has been allocated a time estiate of 2 hours .................. and if the defendant application is to fail, allocation and directions shall be given at the conclusion of the hearing.

 

  1. Do you think it is legal for the judge to ask the Defendant to file an application to struck out a claim? Bearing in mind that the Defendant previously filed its defence and did not ask the claim to be struck out.
  2. If No, Do you know which of the court rules the judge violated and do you know of any case Law regarding this?

I want to file an application to disputes the jurisdiction of the court to hear the Defendant application because I believe the judge was biased and hearing the Defendant Application will deprive me a fair trial and this will leads to the principle of natural justice.

Also, I want to dispute the jurisdiction of this court to hear my claim because I do not believe I will obtain a fair trial from the court.

The reason for this as follows.

In September 2011 I filed a complain against the court because of the way it handled my application on this claim. The court issued a claim number on my application in December 2010, when I wanted to submit my reply to the Defendant statement in January 2011, I was told the claimed number was wrong and was given another number. The court did not send any Allocation Questionnaires ("AQ") but later ordered that I failed to submit one. The order was received the last date indicated in the order that the AQ must be filed in court.When I called the court again quoting the claim number stated in the order, I was told that the claim number stated in the order was wrong. Again I was given another claim number to use to file the AQ. I filed the AQ, few months later I received another letter from the court asking me to provide a copy of the AQ because the court could not locate it. A month later I received another letter asking me to submit all the document on the claim because the court could not locate them. In September 2011 the court Ordered me to submit another AQ, which I did, in the form I indicated that I will not be available for hearing between 18 September 2011 and February 28 2012 but the court scheduled a hearing for November 2011 and January 2012.

 

Thank you for your time.

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Why does the judge think this is res judicata? Has this been to court before?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Sometimes the language is one thing, the meaning can be totally different. I've had experience of it.

 

The DJ said "if" the Defendant applies to strike out. He doesn't ask them to.

 

Also I think you are misunderstanding the meaning of 'jurisdiction'.

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  • 9 months later...

The District Judge is leading the defence in a course of action against the claimant. Her actions are bias. Unfortunately the courts don't recognise bias amongst the judiciary. Any claim of bias has be stated as an "unjust" hearing, or the court order was unjust becuase...

 

Bossy, I would like to know the outcome of your claim as I've had a recent terrible experience with this Judge. The Lambeth county court isn't much better either.

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Hi,

Yes, Judge Wakem was very bias. I was unable to attend the hearing because I was abroad but I told the court that I would not be available for hearing between September 2011 and February 2012 but the court ignored my request and scheduled the hearing for January 9 2012. I submitted my argument for the hearing and asked my sister to attend the hearing and she told me that the woman was bias and did not want to listen to her at all. This is her judgment

 

Before District Judge Wakem sitting at Lambeth County Court, Cleaver Street, Kennington, London , Se11 4DZ

Upon hearing Counsel for the Defendant and Claimant not attending

IT IS ORDERED THAT

Claim Dismissed as totally without merit, all the matter being res judicata with the exception of the claims for harassment and the claim that the claimant has been deprived of a fair trial which are dismissed on the basis of Clause of Action estoppal as (Hendenson v Hendson 1843).

Claimant to pay Defendant cost's summarily assessed in the sum of 1734.61.

 

I appealed against the decision that Judge Wakem erred in law and breach the principle of procedure fairness and natural justice. The case was referred to the court to be heard again in June 2012 but I couldn't attend so the judgment still stands.

 

I hope to appeal someday or wait for the defendant to pursue the money for the judgment or file a claim that I breach my lease because I've stopped paying for the service charge since 2008. I asked the defendant to provide me a receipt and breakdown of the money it received from my lender because it does not reflect in my service charge account that it received the money but the defendant refused.

 

Furthermore, I just realized that it was Judge Wakem that made an order for the consent order to reinstate my lease that never forfeited in 2008 and I stated in my claim that the order was sham. So she should not have allowed to dealt with my claim. I think she wanted to stop me from pursuing the matter because of the embarrassment it might cause her and the court because the initial judgment was just a judgment entered by the court clerk. I asked the court for the audio on the forfeiture hearing of 2007 and the court said it has destroyed the audio.

I attached my statement and grounds. I welcome further suggestion on this matter.

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