Default Tenant/neighbour harassment : Claim Form and Particulars of claim & Proofs

[EmilyPink]

Hi all,

 

I have made an injunction under Section 3 of the Protection from Harassment Act, against a tenant that harass and intimidate me since several months but the County Court has now ordered me to make a Claim Form and Particulars of claim.

 

Also I would like to know :

 

- if the right form to file is the Claim Form N208 and that the my witness statement could be consider as Particulars of claim or if there is a specific document I equally have to file for this purpose (Particulars of claim).

 

- Should I make the claim 'for damages for Breach Of Quiet Enjoyment of Property under Section 3(1) of the Protection from Harassment Act' or just 'for damages for Harassment under Section 3(1) of the Protection from Harassment Act'?

 

- the tenant (we live together in the same sharing house) was destroying my postal mails and I sent emails (and fax of this email with confirmation of receipt) to the landlord regarding this matter but the landlord replied to these emails by talking to something else (never respond to the fax sent) and never denied my sayings regarding the destruction of my emails : Will this be enough as proof for my claim?

 

Thanks in advance for your help,

Edited September 17, 2013 by EmilyPink

[honeybee13]

Hello and welcome to CAG.

 

I'll move your thread to the legal forum, where I hope the guys will be able to help you. I'll leave a short term redirect on this forum for you to follow.

 

My best, HB

[EmilyPink]

Hello and welcome to CAG.

 

I'll move your thread to the legal forum, where I hope the guys will be able to help you. I'll leave a short term redirect on this forum for you to follow.

 

My best, HB

 

Thanks.

[steampowered]

Can you give a bit more background on this? Presumably you have already obtained the injunction? Was this in the County Court? Was it contested? Was there a hearing? Did the other side come to the hearing and if so what did the judge decide?

 

 

Your witness statement should be separate from the POC. In cases involving litigants in person I have seen judges make funny orders like allowing a witness statement or letter to stand as the POC if the original POC is too vague. Is this what has happened in your case?

[EmilyPink]

Can you give a bit more background on this? Presumably you have already obtained the injunction? Was this in the County Court? Was it contested? Was there a hearing? Did the other side come to the hearing and if so what did the judge decide?

The neighbour destroy my mails and threaten me on numerous occasion (the police even came once in the property when she became really violent). We live in a sharing house.

 

Your witness statement should be separate from the POC. In cases involving litigants in person I have seen judges make funny orders like allowing a witness statement or letter to stand as the POC if the original POC is too vague. Is this what has happened in your case?

I have made a search using google and I found that I could use a template like below as Particulars of claim (in addition to the witness statement):

 

This is a claim for damages for Harassment under Section 3(1) of the Protection from

Harassment Act. Pursuant to CPR 65.28, this claim is subject to the Part 8 procedure as it is brought under Section

3 of the Protection From Harassment Act 1997.

The detailed facts of the case is attached hereto as Annex A in the nature of a witness statement and is therefore

incorporated herein by reference and as part of this claim form. Evidence are attached as Annex B.

Herein Claimant is a private tenant under a valid tenancy agreement legally binding as of the filing of this claim.

Defendant is the Claimant's landlord. Herein claimant respectfully asks the court to cite Defendant for breach of

peaceful enjoyment of property and ordered to pay appropriate damages.

Claimant hereby claims that, on numerous occasions, Defendant has engaged in acts of harassment which has

caused the former stress, anxiety, and sleepless nights,, contrary to s.3(1) Protection from Harassment Act 1997.

 

The expected value of this action exceeds £1,000 but does not exceed £5,000.

 

Is the above correct?

[steampowered]

Do you have an injunction or not?

 

 

It is very difficult to advise on this without more information. Do be careful using template POC from the internet - you need to make sure that you fully understand the law and what you kind of remedy you want from the court before you start litigation. I also note that the POC you posted seems to say that the Defendant is your landlord but your post suggests she is another tenant.

[EmilyPink]

I had made an injunction but at the court hearing, my tenant solicitor claimed there were not enough proof against his client and the procedure was faulty: as a result the court ordered me to file a claim form and a particulars of claim.

[EmilyPink]

Do you have an injunction or not?

I also note that the POC you posted seems to say that the Defendant is your landlord but your post suggests she is another tenant.

You are right, I changed in the template the first line to Harassment instead of Breach Of Quiet enjoyment of the property (which I believe is only when one make a claim against a landlord).

 

I have corrected the POC (that will be at the first page of the claim form N208 in the section 'Details of claim (see also overleaf)' in deep and my final POC is :

 

This is a claim for damages for Harassment under Section 3(1) of the Protection from Harassment Act. Pursuant to CPR 65.28, this claim is subject to the Part 8 procedure as it is brought under Section 3 of the Protection From Harassment Act 1997.

The detailed facts of the case is attached hereto as Annex A in the nature of a witness statement and is therefore incorporated herein by reference and as part of this claim form. Evidence are attached as Annex B of this claim form.

Herein Claimant is a private tenant under a valid tenancy agreement legally binding as of the filing of this claim.

Defendant is the Claimant's neighbour living in the same property. Herein claimant respectfully asks the court to cite Defendant for Harassment and ordered to pay appropriate damages.

Claimant hereby claims that, on numerous occasions, Defendant has engaged in acts of harassment which has caused the former stress, anxiety, and sleepless nights, contrary to s.3(1) Protection from Harassment Act 1997.

The expected value of this action exceeds £1,000 but does not exceed £5,000.

 

Thanks in advance to tell me if it is fine now.

[steampowered]

I can't tell you whether it is fine Emily because I don't know enough about your case. The POC seems to envisage that all the details of your claim will be included in Annex A and Annex B, so the content of these Annexes will be the key part.

 

Please be aware that you are following the Part 8 procedure. Despite the statement about the value not exceeding £5,000 you will not be in small claims track. This means that you will be ordered to pay the Defendant's legal costs if you lose the case. As the Defendant is using a solicitor, if you take this all the way to trial those costs are likely to be several thousand pounds. You are taking a huge risk so make sure this is properly thought through. Personally I would be seeking face-to-face legal advice before going any further.

[EmilyPink]

Hello, thanks for your time. In fact I wanted to be sure that I have filed the form properly since I have to file the claim by tomorrow (deadline given by the court). As you can see in my correction below, according to your last post I believe that the procedure/way I filed the claim form is now correct (independently to the content of Annex A and Annex B).

 

Correction of Particulars of claim:

 

I can't tell you whether it is fine Emily because I don't know enough about your case. The POC seems to envisage that all the details of your claim will be included in Annex A and Annex B, so the content of these Annexes will be the key part.

 

Please be aware that you are following the Part 8 procedure. Despite the statement about the value not exceeding £5,000 you will not be in small claims track. This means that you will be ordered to pay the Defendant's legal costs if you lose the case. As the Defendant is using a solicitor, if you take this all the way to trial those costs are likely to be several thousand pounds. You are taking a huge risk so make sure this is properly thought through. Personally I would be seeking face-to-face legal advice before going any further.

Edited September 19, 2013 by EmilyPink

[EmilyPink]

Hi all,

 

I have received today a letter from the county court with the date at the top of 30 October 2013 while the letter itself is saying the following (terminating with a different and early date):

 

Claim Number : xxxxxx

Date : 30 October 2013

 

Before District Judge XXXXXX sitting at Lambeth County Court, Cleaver Street, Kennington Road, London, SE11 4DZ.

 

Upon the courts own initiative without a hearing

 

IT IS ORDERED THAT

The Claimant shall pay Defendant's costs assessed at £300.00 by 13 November 2013.

 

CPR 3.3 (5)

Because this Order has been made by the Court without considering representation from the parties, the parties have the right to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.

 

Dated 23 October 2013

I found this decision unfair and I would like to make an appeal for a new trial on the grounds of "error of law" or "abuse of discretion". Also, I would like to know if I can make an appeal for a new trial and the deadline for this appeal.

[steampowered]

OK, so the court has made an order of its own initative. What order has the court made? Did it strike-out your claim?

[EmilyPink]

Sorry, I did not see that you responded here. Yes, the court has made an order on its own initiative : I file an n244 form in order to set aside the claim.