Chance to win the appeal in small claim court?

[donald88851]

Dear all,

 

This is my first post here. I have some legal problems in the small claim court. My hearing was two weeks ago, and my claim has failed. (I’m the claimant) It would be nice to hear your advice and thought about my case.

 

My case is about room renting and money lending.

 

Last year, the defendant got a two-bedroom offer from our University accommodation with one year lease. The defendant would like to sub-rent a single bedroom to me on the phone.

 

In the beginning, I agreed with this, but I didn’t want to proceed with this renting the next day morning. However, the defendant claimed she had paid the money (deposit + first-month rent) and signed the contract with University last night, and asked me to share half the money.

 

The defendant mentioned this money will be repaid once someone moves in. A guy was moving into the defendant’s apartment and paid one month's rent but he left the UK due to COVID reason at the end of last March. The defendant refuses to repay me money. My claim is the defendant need to repay the money I transferred to her.

 

The point here is the defendant wanted to rent this apartment in her own opinion, but she told the judge that because of me, she rented the apartment and had to stay for one year.  

 

During the hearing, the judge gave me three reasons to deny my claims (in my position statement):

(1)    The judge doesn’t care if the sub-letting matter is legal or not. (This University accommodation is not allowed to do sub-let)

(2)    Though someone moved in but only paid one month's rent. This is not enough to cover one year. (me and defendant never mention need to stay for one year; I also argued another tenant left the UK because of pandemic which I cannot control about)

(3)    The claimant (me) couldn’t prove when the defendant paid the money and signed the contract.

 

The last reason is super confused to me.

In my position statement, I questioned when the defendant signed the contract and paid the money to the University.

 

The defendant claimed she did these before I told her I’m not going to sub-rent her room.

 

At first, the defendant claimed she signed the contract and paid the money in one night but she changed her story about when she paid the money three times during the hearing.

 

The judge asked the defendant to show the money transfer record and we were waiting more than 10 minutes for the defendant. However, the defendant said there is no time on her bank transfer record and failed to show it. In the end, the judge said I have no evidence to prove when the defendant signed and paid the money to confirm the contract, so my claim failed.

 

Why the defendant could fail to show the record or contract? If she doesn’t show, how could the claimant get access to this. I believe the defendant is lying about when she finished the payment and she just doesn’t want to return me money. 

 

Furthermore, the defendant lied about no one had moved into her apartment in the witness statement. The judge only told her this is true that someone did move in with you. But there is no punishment to her. It is not fair.

 

Should I appeal?

As far as I know, the judge will use the same evidence to evaluate the case and I couldn’t get access to the defendant’s bank transfer record and contract.

 

A new evidence I have is that the defendant talked to her friends: “ go to the new house to sign contract” The message date was three weeks after I told the defendant I’m not going to sub-rent her room.
 

It’s a long story and I very much appreciate anyone who can help.

 

Thank you very much.

[Andyorch]

Hi and Welcome to the Forum.

 

So what exactly was you claiming ....and what were your particulars of claim......from the above I cant really see what loss you have suffered.?

 

Andy

[donald88851]

Hi Andy,

 

Thank you for your reply and welcome. My claim was to ask the defendant to return the money I transferred to her. I’m not sure what the particulars of claim is. Is that the claim form?

[Andyorch]

Yes the particulars of claim ...verbatim.