Quizzes & Puzzles0 min ago
Help about a disrepair case
Any expert to answer this?
I am a council tenant and have had disrepair problems since June 2011.
I sued council in September 2011 for not carrying out the repairs they were responsible for.
They at first defended the case by saying that they have carried out all the repairs before the court case was issued which is a lie. In October, surveyor came (they sent) and reported which proves that they lied to the court and that no repairs were carried out. they case was adjourned many times and I now have trial end of July 2012.(allocated to fast track)
They have recently sent to the court their witness statement which says that all the works were carried out after the surveyors report which is again a lie also they asked to the court to dismiss my claim. in the mean time I asked for my MP`s help and they responded to her saying that they promise, they will finish everything by the end of July. (they say to the court that they have done, and they will to the MP).
It is quite obvious that they have been misleading the court which caused delay for the case to proceed and to conclude (which also meant that I spent 4 weeks in hospital due to cold and not having heating for 1 year).
All I wanted to ask, Should I just raise the question of lying to the court during the trial or is there any other legal action I can take against this?
I appreciate anyones time to read and answer this question.
I am a council tenant and have had disrepair problems since June 2011.
I sued council in September 2011 for not carrying out the repairs they were responsible for.
They at first defended the case by saying that they have carried out all the repairs before the court case was issued which is a lie. In October, surveyor came (they sent) and reported which proves that they lied to the court and that no repairs were carried out. they case was adjourned many times and I now have trial end of July 2012.(allocated to fast track)
They have recently sent to the court their witness statement which says that all the works were carried out after the surveyors report which is again a lie also they asked to the court to dismiss my claim. in the mean time I asked for my MP`s help and they responded to her saying that they promise, they will finish everything by the end of July. (they say to the court that they have done, and they will to the MP).
It is quite obvious that they have been misleading the court which caused delay for the case to proceed and to conclude (which also meant that I spent 4 weeks in hospital due to cold and not having heating for 1 year).
All I wanted to ask, Should I just raise the question of lying to the court during the trial or is there any other legal action I can take against this?
I appreciate anyones time to read and answer this question.
Answers
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When you go to court you should have a list of what they claim has been done or at the very least you should know now what has and hasn't been done.
On the morning of the court case go and get the days paper and take a photo of the things not fixed with the paper in clear view. When they say x,y &z had been done you can show that it hasn't. In fact why not do that twice a week untill the court case then you can show that over a priod of time nothing was done.
Take the letter from the MP as evidence as well.
What proof do they intend to present as proof they have done the works?
On the morning of the court case go and get the days paper and take a photo of the things not fixed with the paper in clear view. When they say x,y &z had been done you can show that it hasn't. In fact why not do that twice a week untill the court case then you can show that over a priod of time nothing was done.
Take the letter from the MP as evidence as well.
What proof do they intend to present as proof they have done the works?
Thanks very much your answer, much appreciated.
They basically intend to rely on their repair records. They booked 5 appointments which they had not turned up for.
Then they came to decorate the kitchen but they only removed the wall paper and they were supposed to come back to finish decorating but they did not come. I sent the court the pictures.
in their witness statement the officer said excatly this " After I spoke to the contractors, I was of the belief that all the works were carried out but they now informed me that they could not gain access but in any event everything now has been completed as of 2 May"
This sentence on its own shows they are lying. I have also sent the Mps letter to the court already.
I have also problem with the bathroom (pressure). In their witness statement they said, they fixed a pump in (which is correct but is faulty) to fix the problem but in their response to the MP, they said, they could not do anything for the pressure problem because the pump was not fitted by themselves so I should get it fixed myself.
I also complained about damp before I sued them and they said the problem was not damp but was condensation. I have been diagnosed with Astima in December and my gp said it might be caused by damp.
Lots of other things :( I have been challenging since June 2011 and I do not want them to leave the court smiling.
Can I sue them seperately for deliberately misleading the court??
They basically intend to rely on their repair records. They booked 5 appointments which they had not turned up for.
Then they came to decorate the kitchen but they only removed the wall paper and they were supposed to come back to finish decorating but they did not come. I sent the court the pictures.
in their witness statement the officer said excatly this " After I spoke to the contractors, I was of the belief that all the works were carried out but they now informed me that they could not gain access but in any event everything now has been completed as of 2 May"
This sentence on its own shows they are lying. I have also sent the Mps letter to the court already.
I have also problem with the bathroom (pressure). In their witness statement they said, they fixed a pump in (which is correct but is faulty) to fix the problem but in their response to the MP, they said, they could not do anything for the pressure problem because the pump was not fitted by themselves so I should get it fixed myself.
I also complained about damp before I sued them and they said the problem was not damp but was condensation. I have been diagnosed with Astima in December and my gp said it might be caused by damp.
Lots of other things :( I have been challenging since June 2011 and I do not want them to leave the court smiling.
Can I sue them seperately for deliberately misleading the court??
You are clearly a person who feels aggrieved and have the tenacity and ability to pursue your LA to carry out their duties of qualifying repair under the leasehold reform act 1993 as amended (s121), but I would urge caution, which may not be what you wish to hear.
You would have to prove that at the time of the statement, the person making the statement did not believe it to be true and it was given with the knowledge it was false, you may suspect this was the case but can you prove it?
You would have to prove that at the time of the statement, the person making the statement did not believe it to be true and it was given with the knowledge it was false, you may suspect this was the case but can you prove it?
@tony as I said, the surveyor reported in contrary to what they had said to the court and also does it be considered as they are being giving false statement to the court, when they say to court they they carried out the repairs but they say to the MP, that they will do everything by the end of july. The court has already got the letter of their response to the MP....
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