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AndyOrch

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AndyOrch last won the day on April 15

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  1. Okay then yes it will require a Skeleton within your bundle. https://www.gov.uk/government/publications/form-204-how-to-prepare-an-appeal-bundle-for-the-court-of-appeal
  2. Certainly Are you seeking permission or has it been granted ? .
  3. You will also be expected to submit a skeleton argument as part of your bundle.
  4. Formal court documents setting out a party's case. They include claim form; particulars of claim; defence; reply to defence; Part 20 claims and further information under CPR Pt 18.
  5. Your point 4 deals with that and puts them to strict proof .....but realistically they are not in a position to state that within their particulars they were not the creditor at the time of default but naturally assume the OC would have...so always worth challenging and if you get a DJ who knows his onions on the day may ask for further evidence from the OC internal accounts system.
  6. Paper trail off the original creditor often confirms the default and issue of a notice...not having or being able to disclose the actual copy or being able to produce a copy less so. Creditors are not compelled to keep copies of the actual default notice so you will in most cases get a reconstituted version but must contain accurate figures/dates/format. .
  7. Not much mileage in challenging assignment Notices..judges are not concerned.
  8. From ? With regards to the Overdraft debt ? Can you not log in using your original account username ? Andy
  9. Upcoming changes to DRO rules The rules to qualify for are DRO are changing on 28 June 2024. From this date, the maximum level of debt you can have for a DRO will increase from £30,000 to £50,000. Another change on the same date will mean you may qualify for a DRO if you have a vehicle worth less than £4,000 (the current limit is £2,000). Debt Relief Order Unit Insolvency Service Phone: 0300 678 0015 Email: [email protected] Individual Insolvency Register www.insolvencydirect.bis.gov.uk/eiir/ Insolvency Service www.gov.uk/government/organisations/insolvency-service . .
  10. Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.
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