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Jamie-Law
Jamie-Law, Solicitor
Category: UK Law
Satisfied Customers: 3220
Experience:  Solicitor
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I got unlawful detention which already committed by HO,

Customer Question

hi
JA: Hi. What do you want help with?
Customer: i got unlawful detention which already committed by HO, however, the loss of earning proofs i do not believe my current solicitor's advise i got cash earning for lodgers, i got lodger agreement, their ID, plus HO seen them while arrest me my current solicior said that is not enough, i do not believe it
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: uk 2013
JA: What action has been taken so far? What's your ideal outcome?
Customer: HO apologized and admited their mistake
JA: Anything else you want the lawyer to know before I connect you?
Customer: also, i need to claim psychiatric damage
Submitted: 7 months ago.
Category: UK Law
Expert:  Jamie-Law replied 7 months ago.

Hello my name is ***** ***** I will help you with this.

What is it you want to achieve please?

Customer: replied 7 months ago.
my current solicitor advised me that my proof is not enough as is not hard evidence, i do not have p60 as i am low income within personal allowance, do not need to pay tax, i got lodgers who lives with me, because the HO arrest me at my home, all my 3 lodgers are scared and the unlawful detention is affected my earning as well, HO now apologist for unlawful detention on me. evidence i go is tenancy agreement, cash payment lodge book, their IDs copy, the HO staffs seen my lodgers while they arresting me.
Expert:  Jamie-Law replied 7 months ago.

How much do you want to claim?

Customer: replied 7 months ago.
5760 pounds as i lost half year contract at least
Expert:  Jamie-Law replied 7 months ago.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

As its against the Crown (Home Office) you may need permission to start it. But you dont need a Solicitor, this is a small claim

Can I clarify anything for you about this today please?

Customer: replied 7 months ago.
hi
thank you for your reply, i am not asking how to go to court, my claim is over 10000 as also plus the illegal detention, my questions are
- what evidence i need to proof to claim loss of earning as a cash earning with property and other cash earning activities,
-how the judge calculate daily rate compensation for illegal detention
thank u
Expert:  Jamie-Law replied 7 months ago.

You need to show accounts what you would have earnt over the last 3-6 months.

You need evidence of income what you got as opposed would have had.

The Judge will deal with compensation as calculated by your Solicitor.

Your Solicitor will provide a figure based on your instructions.

Does that clarify?