******* landlord wins by default!

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Some of you may have read a post I made last year about my bullying landlord.

For those who didn't, here's a précis:

We moved from France to the West coast of Scotland and within a few months the landlord's solicitor started sending letters threatening to evict us for non-payment of rent. Totally unwarrented as we had all the reciepts from the landlord and bank transfer details. Subsequently, the reason for continuing with an eviction notice was that my son was bullying their's. This was categorically denied by everyone at school including teachers (you must bear in mind that one cannot fart without the community knowing precisely the toxicity level of said gaseous explosion).

I then received threatening e-mails which resulted in a call to the local police who were well aware of the landlord's love of litigation.

The landlord stopped with the e-mails after I informed his solictor that I had involved the police. He then took to parking outside the house at very strange times when he should have had no legitimate reason to do so. This stopped after I got a witness to stand on the doorstep with me and take photos of him.

Next he removed the main gate to the property making it very dangerous for my children to play out near the main road.

Finally, they came round to inspect the property. I secured the services of the local vicar to act as witness. The landlord's wife barged into me as she passed and made a fuss that I had blocked her path.

Outside the children's bedrooms the landlord had left his own children's artwork. I made the mistake of taking it down to reveal lots of scribbling and mess. I decided to paint over it knowing how they would attempt to blame us for the mess. Big mistake. They complained profusely about decorating a small peice of hall wall without express permission. They also took three photos of some child-sized hand prints on the bedroom ceiling.

By this time I was laughing at every petty thing they pointed out, it was becoming obvious as to their game.

Anyway nearly a year later, after having moved to London, the court in Scotland proclaimed that we indeed did owe then money in back rent and property reperations. It should be pointed out that we were not in a position to pay to travel up to Scotland to 'defend' the obvious facts and as such were guilty.

The long and short of it is that we are to pay a couple of thousand pounds even though we have the proof that we paid on time and up to date. We must also pay for non-existant damage to the property without seeing a single receipt and based on three photos of a grubby mit!

My wife is sick with the whole situation and has agreed to pay £20 a week. My desire is to pay a nominal £5 per month until we move abroad but they are in a position to bankrupt us with as little as a nod to their solicitor.

How can you fight this when you can't afford to get up to Scotland? Should we rack it up to experience and let the ****** win. It seems that we are not in a position to have the case heard locally and are therefore shafted.
 
Can you not be represented by proxy? Or, at the very least, does the sherriff's court not recognise a defense made by post?
 
I don't know how it works in Scotland but in England if no Defence is filed then the Claimant can seek a Judgement essentially giving them a successful result. You can file an Application to set it aside which lets you then file a Defence but you would have to pay some costs to the other side's solicitor.

Did you not get legal advice yourself? You could have had a statement taken and a solicitor defend you on your behalf, which while it may have been more expensive, would probably have worked out at less than having to pay the entire amount!

*edit*
Reading it again, did it actually go to a full hearing trial or have they just received a default Order?

Again I know nothing about Scottish law, but I'd seriously consider getting some legal advice!!
 
Not knowing scottish law so I don't know how their civil procedures works but all I can say is based on the English system. First, usually if you didn't turn up for the defence, the claimant usually get a default judgement, or did you actually file a defence off? Second, the damage he pointed out is probably to do with the covenants in the lease. If you read it carefully i bet there is a clause in the repair and maintainence section about you need the landlord's permission to repaint the house. And although i sounds so trival, breaking a covenant is actually quite black and white.

As for the non-payment of rent, I would defend that to the bitter end if you have proof that you did. I know London to Scotland is miles away, but personally i wouldn't give in against someone like that. And considering when you lose you have to pay the damages + interest (which is at 8% usually btw).
 
Forgot to mention that to add insult to injury, our solicitor in Scotland was proceeding normally until we returned the application for Legal Aid. They said they don't do legal aid even though it was they who sent us the bloody forms. This was 10 days to the hearing!

We did write to the Sheriff with all the facts but didn't get a reply other than to say this information couldn't be used
 
I can understand tha court granting damages for the scribbles, hand marks, etc (although don't agree with them). But what does seem odd is that you had receipts and bank transfer statements to prove you paid the rent. So either the court did not see them, they did not represent the specific amounts due, or the court did not believe them.
 
sounds to me because you didn't get legal Aid and the fact that you were not prepare to go up to Scotland. It is obviously to them that if you are not prepare to pay for the cost to go up to Scotland, you can't afford their fees. With that in hand then they would literally drop your case and file it under B for Bin. Your case wasn't a pro-bono work so they need to know how you are going to pay or they will not do a thing otherwise.
 
Raymond Lin said:
sounds to me because you didn't get legal Aid and the fact that you were not prepare to go up to Scotland. It is obviously to them that if you are not prepare to pay for the cost to go up to Scotland, you can't afford their fees. With that in hand then they would literally drop your case and file it under B for Bin. Your case wasn't a pro-bono work so they need to know how you are going to pay or they will not do a thing otherwise.
In which case, sending us the forms to fill in was somewhat misleading. They had, after all, started our representation to the court. Why on earth send us the forms for legal aid and neglect to mention that they would not represent us. If I remember correctly, they even wrote to remind us to return the forms. It was only after returning them that they said they would not represent us, by which time it was too late.
 
You need to get some “better” legal advice immediately. If what you say is true, and you have bank records of monies being transferred from “your” account to “his” account then this can be submitted as sufficient proof of payment of rent at the very least. The Landlord is perfectly entitled to execution of bailiff if he so chooses this, or if it’s even warranted, on grounds on “damaging” or “removing” items from the property, and these fabrications, or facts do happen from time to time with Landlord and tenant. Sadly all too often, and you could easily find yourself out of pocket with damages etc.. All too easy with Landlords to pull this scam.

I don’t know Scottish law myself too well, but I do know that bank records cannot be easily forged, and your bank can provide sufficient proof that you paid your rent on the times specified. Whatever the Landlord then did with this income is, quite frankly his problem.

The inland revenue will also have a record of these earnings if the amounts were past £4000 a year. If your rental agreement was more then £340 a calendar month, then he “will” by UK tax law be required to declare these earnings to the Inland Revenue. His tax returns will therefore give record of money transaction.

If, he filed in his Tax returns, and is legal. If not, then something else to help your case. I’m not into blackmail, but nor am I looking too favorable on your landlord.

In regards to legal aid, your solicitor has not advised you correctly from the sounds of it, and I advise, and cannot stress that you seek out a more competent and professional legal representative and do not hesitate with the truth to him.

If you have paid your rent, then all you have to worry about are the so called damages, and the legal costs he might be attempting to convey to you. Please go and get better legal advice. If you are not careful, as you haven’t fought your case, the courts will place an attachment of earnings, and this will be decided upon by court, and not the £5 a month you have offered.

Best of luck.
 
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