Response to Can I counterclaim after incorrect repossession?

Amanda, I've just read your question about your 'incorrect' repossession. My flat was also rented out to tenants (I was living in Germany) and I had the verbal agreement of the C&G (unfortunately never got confirmation in writing). Have you obtained a copy of the court order that gave the Britannia the right to repossess? Can you prove that they knew your actual address prior to this date? What is the address stated on the court order? If you can prove that they knew where you lived but didn't inform the court then you may be able to counterclaim using the Human Rights Act 1998 which is supposed to guarantee a fair trial and this extends to civil rights. I have been trying to learn if there are any cases pending which might provide useful precedents but so far I know very little. Have you served your SARN on the Britannia?

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