Councillor assisting tenant in private civil case

Reply to the comment left by "Bob Sherwood" at "11/07/2015 - 09:09":

Very good idea.

There maybe an opportunity to build a defamation case here too 😉
.

Not that I need him, but I'm tempted to shoot him a shot informing him that as he is now party to the case, I intend to call him as a witness in Court. He will no doubt be in a fret at a). The thought of having to go to Court; b). He'd be very much on record in a institute of law as acting in his official Councillor capacity. As a rookie, I expect he was rather hoping to just use his big important role as scare tactics rather than have to properly account for himself/his chosen actions!

The back-tracking would be a sight to behold.

As a side note, he told me he didn't have time to meet me at my office...which is right next door to the coffee shop he frequents at least thrice a week! Liar as well as crooked...?

Reply to the comment left by "Luke P" at "11/07/2015 - 10:33":

Luke, send my suggested letter off to the tenant first, it's a legal trap letter, the Councillor will not answer, but the tenant might and in doing so provide proof of the Councillors alleged involvement, copy this letter and send it to the Councils Legal Department, with a claim for damages, your suing the tenant, the Councillor and the Council, so a keep a diary for the Court and record everything, and be willing to settle out of Court, does £5000.00 sound right.

I used to work with councillors and you shouldn't let the designation intimidate you. Councillors are just people like you and me who happen to have been elected. Their influence is very limited and in the case of legal actions is zero. The case will stand or fall on the facts and the councillor will find himself in breach of the law if he tries and the court will not be backward about pointing that out. As far as using council legal people to "help" his constituents, the councillor (not the constituent) will be able to ask them to clarify what the law is but they will not act as legal advisors to the constituents. I agree with previous comments. This is an empty threat and you may take it with a pinch of salt.

Can you try to see things from the point of view of this new councillor. You should realise that councillors are elected to represent their constituents, however odious, and any councillor worth his/her salt will try his/her best to help any constituent who comes to them, within their capabilities, which are often not much to write home about. So agreement there with the other respondent who doesn't think he is acting out with his remit by attempting to help them. Remember at this point he has probably been told a load of guff by a set of chancers. When I worked for an MP I lost count of the number of times you would get a tale of woe from a constituent and you would think "this is terrible" and it would turn out they had put a unbelievably positive spin on their role in the matter so basically what you had been told a load of bollocks. When I retired I told my successor to always remember that the constituents would probably be telling you barefaced lies and you should always remember that. This new councillor probably hasn't had enough experience for that particular truth to dawn.

What you should do is write or email this councillor, in even, measured language, setting out your side of the story. This is better than a meeting as face to face meetings tend to get off the point and meander into irrelevance. I would point out in this letter that he was also your councillor and you hope the contents of your letter/email assists him in representing your point of view although emphasising that as far as you are concerned you feel the law is on your side and you are happy to let the courts decide the matter. No threats about party or press or not voting for him. The party are only interested in a councillor's activities, provided they are legal, in terms of party policy, the press will not print anything about a court case before it is heard (sub judice) any threats not to vote for you are just boring -obviously plenty others do or he wouldn't be elected. You never know you might come across this councillor again when he is in a position to help you (say your rate payments go awry within the council). So be reasonable.

You are letting the idea of councillor get to you when he has as much relevance as your cat. Ignore it. Either you are the chancer (after all you could be lying - I don't know you) and the law will decide in your tenants favour or your tenants are the chancers and the law will decide in your favour, all of which will be based on law not councillors. The rest is just background noise.

Reply to the comment left by "Anya Lawrence" at "11/07/2015 - 18:43":

I enjoyed reading the last comment by Anya Lawrence; it was well written and highly informative.

With regards to Town Councillors may I add this item: 22 years ago, I undertook some fund raising for a badly injured child, injured in an uninsured drunken driver road traffic incident, 2 children dead, 1 injured. Because of this I was seeking Council support for a local fundraising appeal, and had the unpleasant experience of meeting two local Council officials, the Lady Mayer, and a councillor. The first time I met the Mayor she stumbled drunk out of the Mayoral Limousine and said to me “You’ve got to excuse me, I’m drunk”, she was staggering and I had to aid her into the council offices so she could get some coffee. After I left the council offices, the Mayor ran to the newspapers with the story of “how she was helping this child?

Once the fund well supported fund raising got underway the other Councillor remarked “We can’t do anything for the two dead children so there getting now’t, in any case there from a well known scum bag family and you’ll not get a penny if people know you’re raising money for them”. What was comical was once these two saw the Appeal was going to be a huge success “They wrote to Her Majesty the Queen telling them about ‘their fund raising work “and seeking a donation, they received a donation but in reality were fishing for a Buckingham Place garden party invitation.

An interesting anecdote: I had to go and see the injured child’s mother to ask her would she go to a local pub to collect a cheque for £3500, she said she couldn’t has she had no good clothes to wear, so I asked her partner to do the honours, his reply was, “Am sorry mate, I’d like to do it for yer, but on a Friday night I always go fishing with my mates and I can’t let them down! The appeal was a success, we raised enough money for a new bungalow with lots of cash left over, I won’t add what happened to this money but won’t - it’s too vexing to write about. The two councillors were useless and only interested in the goody-two-shoes write ups they got. They never raised a shilling between them.

HI Luke

You are one of the most switched on people on these forums I would not worry because he is a councillor.

I would not contact him other to ask his involvement and why. I would not tell him a thing or show him any evidence you have. That is for the courts not the council.

If a compliant was made to the council it would be the department that investigates not a councillor.

Do what you always do and be polite and tell him nothing you do not need to. Sounds like they are trying to scare you into not chasing money that is owed.

Thank you all for your comments.

The Councillor's backing does not concern me as far as the case goes, but what does bother me is that that he is attempting to use his position in, what I feel, is not in an impartial manner. I also do not like that he appears to have formulated an opinion of my business based on two incidents (both of which I am extremely confident I will win), where he only has part of the information. If I were a Councillor I would treat all information with caution and gather as much as possible before forming any solid stance, especially not making it known at such an early stage.

I'll sit tight, do my usual thing and if he oversteps the mark any further, follow it up via the proper channels.

I had a similar situation where a local councilor, friend of my tenants parents got involved when I was trying to do them a favor and get a free boiler. He said this was dodgy and could not be done. I told him that it was in fact an act passed by the government and that I as a private landlord was entitled to have my tenant benefit from this scheme. He still refused to agree and I asked him as my councilor to check for the act allowing same to happen and he said he was too busy but that I should prove the matter to him.
I sent him the legislation and he apologized.
Point being he was not acting independently and without bias.
What a useless man and I suggest yours is equally incompetent.
Don't give him the satisfaction of thinking he is important.
Do as Alexander suggests if indeed it is worth your valuable time.

Very wise words from Anya, would certainly be in line with my way of looking at the situation!