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Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Old 6th February 2008, 09:12   #1 (permalink)
xsazzox
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Unhappy Illegal eviction (enforcement)

Hi,
I'm new here and I love the site.
I wondered if anyone can advise me....
In 2005 I was illegally evicted. In Jan 2006 it went to court and the defendant (previous landlord) offered me £8,000 which I accepted, as all of my belongings were ruined (he left my stuff in the street)! I heard nothing much from my solicitors unless I harassed them. Now I'm told that he may not have any money and I cannot get Legal Aid. This money was supposed to replace my belongings (!) and we are now 2 years down the line and I'm being fobbed off. Does it make a difference that he offered to settle? Will that mean I am more likely to get my money? If anyone has any advice/experience I would be so grateful. Thanks!
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Old 6th February 2008, 09:18   #2 (permalink)
MrShed
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Default Re: Illegal eviction (enforcement)

Did he make the offer in writing? Have you ever been to court regarding the matter?
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Old 6th February 2008, 09:40   #3 (permalink)
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Default Re: Illegal eviction (enforcement)

Yes it went to crown court we had barristers and everything, he offered £8,000 so I wasn't awarded anything. Originally he was told to pay me £50 pcm but has defaulted for 1 year + and I guess my solicitors have it in writing. I think the courts have chased him for the costs (£30,000+). I just wonder if he made an offer to settle and I accepted, does that make it any easier to get the money? Surely he cannot offer to settle and then ignore it.

Many thanks for replying.
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Old 6th February 2008, 09:42   #4 (permalink)
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Default Re: Illegal eviction (enforcement)

In that case, I am assuming that there is currently no judgement as such against him? As far as you know?
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Old 6th February 2008, 10:16   #5 (permalink)
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Default Re: Illegal eviction (enforcement)

As far as I know there isn't
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Old 6th February 2008, 10:30   #6 (permalink)
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Default Re: Illegal eviction (enforcement)

It should be fairly easy to get a judgement aganst him - although you cant follow the small claims court track, not sure which track you have to follow. Enforcement is slightly more tricky, but for that amount perhaps an attachement to the property would be in order. Unfortunately, I think you will have to consult with a solicitor. Failing that, you could go down small claims if you were willing to claim a max of £5k...this doesnt require a solicitor.
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Old 7th February 2008, 11:40   #7 (permalink)
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Default Re: Illegal eviction (enforcement)

Thanks so much for your help MrShed
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