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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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Credit check by letting agents?!


Guest Alison82
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Guest Alison82

Can a letting Agent (sole agent) do a credit check? Are they able to go into your file and see whats what or do they look at you score?

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i have just had mine done through a leeting agent called lets xl!!

they have charged my g/f and i £50 each for a £2 credit check!!!

Halifax

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Settled in Full

Citi Card

Settled in Full

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Guest Alison82

Do they get to see everthing, it's just thst I have 2 defaults that I am currently in the process or arging and I don't want these to ruin my chances, will these be a major problem?

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they will use either experian, equifax or call credit!

and yes they will see everything on your report!

i have a ccj showing that was settled last year and i got turned down by lets xl so had to get a guarntor to sign with me!

if you tell them you have bad credit before they do the checks they will be ok about it!

just you might need a gurantor!!

 

hope this helps and keep us informed!!

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Does the guarantor have to agree to a credit check?

First letter to halifax sent rec del 26/4

Data Protection Act letter to capital one sent rec del 26/4

Halifax 1st offer dated 5/5

Capital One ack Data Protection Act request rec 6/5

Request for repayment to Capital One 2/8

LBA sent 22/8

Court proceedings issued 13/10

Settled in Full 9/11

Donation made 14/11

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Does the guarantor have to agree to a credit check?

 

mine didnt through lets xl.

they just had to be on electrol role and earn three and a half times the rent!

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Guest Alison82

Just soke to the letting guy, expalianed the situation, he said it was ok, it was just ccj and court orders they were worried about, a default is nothing for them to worry about; which has put my mind at rest

 

thanks

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Last time I had a problem and admitted to a CCJ I got turned down for the flat I wanted, when it came up again 6 months later I reapplied and declined to tell them about the CCJ I thought stuff em let a credit check spot it and I got the place they did do the credit check but still let me have the flat

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  • 2 weeks later...

it costs around £17.50 for an online credit check. the £2 check is the paper version u get sent to your home address.

ditto what everyone else says, just tell them first they are usually ok with it.

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No one can lodge a search of your credit file without you giving them permission as any searches stay on your file.If anyone has searched without you giving them permission then point it out to them straight away and demand they get the search removed.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Guest NATTIE

My understanding of letting agents is that they write to the bank with your consent to ask whether you are creditworthy for a payment of x amount per week/month. I don't know their terminology but ours is status enquiry which costs £8.50.

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Maybe with consent , but a previous poster said it was done without consent

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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A Letting Agent can do both a status enquiry to your bank and a credit search as long as they have your permission to do so.

 

A bank will then charge you about £8-10 for the pleasure of a status enquiry.. The credit search normally costs the agent around £10.

 

The credit search can be a non registered search and thus does not effect any credit rating.

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  • 2 weeks later...
Guest Alison82

Quick question,

 

2 friends and I have just rented a flat, one of us wasn’t present when we were signing the contract last week and they haven’t arranged a time for her to sign her bit.

 

There are some things that need to be fixed in the flat such as a large pane of broken glass.

 

Is our contact valid if the 3 rd tenant hasn’t signed (it was rented as a 3 bedroom flat not room by room and she has signed a holding fee form about a month ago so that is proof that there is a 3rd tenant)

 

Any thoughts??

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Guest Alison82

Yes we have, there are lots of other little thinhg but they are putting it off, we wanted to see the place again before we moved in but they kept coming up with excuses like "the builder has the keys" for 2 weeks.

 

I just wanted to know, in case we had to consider saying that if he dosn't fix these things pronto then we will be leaving (but only if it turns out the contact is not valid until all 3 sign) we don't want to leave but he doesn't know that.

 

This glass is so dangerous if someone leans on it without realsing the will fall 5 floors!

 

Any thoughts?

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I would put it in writing to the Landlord, stating that it is unsafe and dangerous.

There is an authority to report to, Not sure who it is. They are like the HEalth & Safety Exec type of authority.

Try phoning Citizzens Advice, They will point you to the relevent authority

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The Landlords and Tenants Act 1985, Section 116(4) covers the landlords obligation to repairs. I would suggest that you write to the landlord and give him a reasonable deadline to have repairs carried out. Also state that if he fails to do this you will have the repair carried out by your own contractor and make payment from rental due to him and forward the invoice/receipt once received.

 

With regards to only 2 signatures on the agreement. I would suspect if you have an Assured Shorthold then you are "jointly and severally liable". You will still have a valid tenancy however the sticky point for you or the Landlord would be if he needed to take legal action against you. For example if your flatmate fails to pay rental and causes damage the Landlord will probably only proceed against the two who have signed - Basically it's you who is at risk of taking the brunt of any action caused by your flatmate who has not signed.

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Guest Alison82

With regards to only 2 signatures on the agreement. I would suspect if you have an Assured Shorthold then you are "jointly and severally liable". You will still have a valid tenancy however the sticky point for you or the Landlord would be if he needed to take legal action against you. For example if your flatmate fails to pay rental and causes damage the Landlord will probably only proceed against the two who have signed - Basically it's you who is at risk of taking the brunt of any action caused by your flatmate who has not signed.

 

 

Did think of it like that!! I better hurry the process along then!! It's not that he is not going to fix the glass he is just taking ages about it

 

Thanks

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