Thank you for your response, I would be keen to see the bills that have been issued to me and obviously when they were issued, as I say I can not remember seeing a bill prior. is a DSAR a way of getting bill breakdown of how they have come to that amount i apparently owe?

I cant seem to find any previous statements from them? and I don't believe I do owe that amount from a years worth of water surely ?? Thanks in advance

Hi All I received a letter today from South East Water stating at the top LEGAL PROCEEDINGS. Stating that I over £1600 is now due for payment? I have no idea what period this is for as it does not have any dates on the letter? I live in a 3 bedroom house and the water bill is on a meter. Is there a standard letter I can send to request a full breakdown of this bill i am supposed to now owe. Any templates would be really helpful Many thanks in advance

Hi All I wonder if you anyone would be kind enough to give me some advice on my following situation? I recently moved property and my sister moved into my previous address, I have just found out today that she has been hiding post from me! I had a speeding ticket come trough at my previous address which I did not know about, this has now gone to court and I have ended up with a £300 fine. I have dealt with this side of things. As a result of me not dealing with it another letter which I have now found has come through to me saying as I did not return my licence back to the DVLA to have my points added, my licence has now been revoked. It states I need to apply for a replacment. Does anyone know if there is anything I can do? Thanks so much in advance

Thank you very much, but can the Landlord request that I have to pay for it to be removed or he will take it from my deposit?

Hi good morning I am a tenant about to leave my property, throughout the tenancy I lost my job and found it hard to keep up with my gas/electric bills as a result a prepayment meter was installed. It is my understanding that the meters are property of the utility companies and a LL has to allow them to be fitted or changed as there is a duty to supply gas or electric to the tenant. So it would not constitute a alteration to the property. If I advise my supplier that I am moving and the dept is paid off can my landlord use the deposit to pay to have a pre-payment meter removed? Would really appreciate your advice

thank you all very much really appriciate the advice. i had a better nights sleep last night. Thanks again

thank you very much i will get the form sent now, in your knowledge, if i can only afford £50 would this be acceptable to the courts ? as the debt is just under £4000. however with my other priorty debts this is all i can afford. many thanks once again

thank you very much

Hi Looking for some help please? my wife has just recieved a warrent of execution from the courts regarding an outstanding rent arrears, orginally I was taken to court and order to pay £50 per week which I was paying for the 1st two months, however it was an unrealistic payment I was making each month and put me in real trouble with other bills i missed. Now the claiment is pursing my wife for the arrears, who is about to have a baby actually due today? she does not work and is a stay at home mum. She also suffers from OCD and this is causing her real worry. the courts have asked for full payment of £3800 by the 19th May or they will send the ballifs around, obviously with a new baby just about to be born this is the last thing she needs. Me and my wife are on our own and do not have help from any family or friends. I work 6 days a week to try and support my wife and children however i am really struggling at present to try and keep onto of all my finances. I have no way of paying this amount before the 19th and realisticly could only afford a maximum of £50 per month. Can anyone advise what i can do to try and get this offer accepted by the courts ? Thank you all in advance.

I am writting cause i need some help urgently please. I was in rent arerars and have been taken to court for the arrears which i am now paying, however my deposit was never deducted from the arrears i owed, so in affect never returned to me. no inventory was ever signed ever and i have now had a letter from my landlord which is full of lies ! stating the property was left in an terrible stat and demanding i pay £2000 on top of my deposit which he will be keeping to re-do the house ! My wife suffers from OCD and cleans reliousgly so this is something that just isn't true ! The only thing we did was leave a sofa in the lounge which we couldn't at the time remove, however the letter also stats that my LL has removed my items without given me any written notice of this action being taken, any estimates for work thet needed to be carried out at all has just doen the work and is now trying to get me to pay for it ! can i sue him ! as i am furious ! any help please guys x

Thank you Steve M, there is not witness signature on the guarantor agreement just his own ? Also they are now trying to get more money for property damage which never occurred and have not returned any of the deposit. No inventory was ever signed so can they legally just take the money. i have just read this can anyone confirm is this correct. 3 The tenancy agreement and its obligations - the guarantor must be given ample opportunity to read and question the tenancy agreement on any points he / she does not understand BEFORE the agreement is signed and witnessed. Guarantors MUST have seen and approved the tenancy agreement they are guaranteeing prior to the signing and they must also sign a Deed of Guarantee. This signing should be witnessed. on the guarantor paper there is only his signature as it was never witnessed just sent out to him and posted back.

Hi i needs some help if at all possible ? a friends dad has been served a court summons for rent arrears as he was the guarantor on the agreement. However he was not ever made awear of the situation until the letter arrived last week. as the arrears started to occur in DEC 2007 and no section 17 was ever issued to the tenant or guarantor does the guarantor still have to take responsibility. The tenant wants to take full responsibility for the debt ? Any advise would help. i have found this but am not sure if it applies or really understand it ? 2. Waiver of Forfeiture Secondly, as a practical point, ensure that your accounts department or managing agents are alert to the fact that, by accepting part payment of invoices or selective payments of small invoices, they could be inadvertently waiving your right of forfeiture. Make sure that there are steps in place to account for this. 3. Section 17 Notices With landlords, the key point in any arrears situation is not to ignore them. This may sound obvious, but letting a tenant promise you that “the cheque’s in the post” can let matters drift significantly and may jeopardise your ability to fully take advantage of your remedies when serving section 17 notices. Section 17 notices need to be served on old guarantors. That is, any guarantor to an authorised guarantee agreement as soon as the tenant is in default and within six months of the payment becoming due. If you have a choice of guarantors, carefully consider which one would be the better one to pursue as, once this guarantor is pursued, an overriding lease will be in place and you will be stuck with the guarantor as your direct tenant. any help would be really helpfull x

Thank you, whilst browsing on the web i found this, does this apply? Chapter V. Liability And Rights Of The Guarantor. Section 44. Contract Of Guaranty The distinctions between the contract of the surety and the guarantor have already been observed in section four of this text, and it will be remembered that the guarantor's contract is both a collateral one, and also a secondary one to the principal's contract, the guarantor's promise usually amounting to this, that he will answer for the principal's default, provided the principal does not respond, and the creditor observe the rule of due diligence, the use of which the creditor is bound to undertake in accordance with the terms of the contract. In addition to this, it may be said the guarantor's contract being a secondary one, it requires a special consideration to support it; the principal's contract is not the guarantor's. The guarantor must therefore have notice of the principal's default, and good faith requires that the creditor who fails to give such notice is acting at his peril. The guarantor can claim a discharge to the extent of the injury he suffers, by reason of failure to receive notice, where the lack of notice of default on the part of the creditor materially affects him in his rights under the contract. also read something about a section 17 notice ? i have read somewhere that the landord must serve a section 17 withing 6 mths of the first arrears becoming due, my friend or his son were never served any legal notice does this make any difference.

Thank you, whilst browsing on the web i found this, does this apply? Chapter V. Liability And Rights Of The Guarantor. Section 44. Contract Of Guaranty The distinctions between the contract of the surety and the guarantor have already been observed in section four of this text, and it will be remembered that the guarantor's contract is both a collateral one, and also a secondary one to the principal's contract, the guarantor's promise usually amounting to this, that he will answer for the principal's default, provided the principal does not respond, and the creditor observe the rule of due diligence, the use of which the creditor is bound to undertake in accordance with the terms of the contract. In addition to this, it may be said the guarantor's contract being a secondary one, it requires a special consideration to support it; the principal's contract is not the guarantor's. The guarantor must therefore have notice of the principal's default, and good faith requires that the creditor who fails to give such notice is acting at his peril. The guarantor can claim a discharge to the extent of the injury he suffers, by reason of failure to receive notice, where the lack of notice of default on the part of the creditor materially affects him in his rights under the contract. also read something about a section 17 notice ? i have read somewhere that the landord must serve a section 17 withing 6 mths of the first arrears becoming due, my friend or his son were never served any legal notice does this make any difference.

Hi guys writing for some advice please. My friend who acted as a guarantor on his sons rent has just received a summons from the court asking to pay back all the rent arrears that are owing. over 4 months worth ! he was never made aware that there were rent payments being missed until reading it on this court summons. Does he have any rights to contest this as surely he should have been made awaer as soon as the arrears where mouting up ? Any advice would really be appreciated as he is now worrying like mad. Regards

thank you for the information, so do i just send the letter to the welcome branch i took the loan out with ?

Does anybody know how i can obtain a company called LMB who are pussing me at work by telephone regarding my welcome finance unsecured loan i am in arrears with ? I have just had someone call asking me for my company address and mangers name so they can get an attachment of earnings set up. i laughed at him and said u do realize you would need to a court order to apply for attachment of earnings to which he said if you don't give it to me i will get it from him direct ? he then hung up on me, 2 mins later a random called up and ask for my company address and manager, surely they can not discuss my private life with my manager ? i need to contact them to make a complaint. I think they are the crawley branch. Many Thanks

John if i could shake your hand i would, you have really put my mind at ease my be able to sleep tonight ? what action can marston whilst they still have the warrant in there hands after they have excuted ? (nothing ?) or do they still have some power over me ? thanks

They has made me feel alot better, many thanks John ! in your experience are the courts quick to hand the fine back to marstons or will they give my wife the opportunity to pay them directly ?

really ? the bailiff said to me that if the amount did not cover the fine (which it hasn't) i believe the actual fine without cost was £150 and the good sold for £100 they would be back to remove more goods. is this something they cannot not do then ? thank you so much for you help

Hi everyone, I had a balliff from marston take my good such as tv, computer ect 1 and half months ago, for a court fine my wife owed. i advised him that the fine was not mine and as my wife who when the fine was issued was my partner is not on the tenancy aggreement and it is my possession. however they still took the goods. i could not afford to pay the fine. yesterday i had another letter stating that they have sold my goods however it is still 300 less then the £400 fine that they were asking for with there fees added. the letter now states with holding fees ect my wife owes them £1200 !! all fees ! i understand there is some sort of 180 day rule before the debt has to be passed back to the courts, does anyone know what date this is applied from ? and also does anyone know if i can pay direct to the courts the fine, if so can marstons still have the power to enter my property to chase there fees which are criminal ! please any help is needed i have 7 days to respond to them and i am very scared. Kind regards

i know i have been running it over and over agian in my head ! if my kids and wife wernt there i dont think i would have felt anyway about using the hammer !

Hi tomtubby, i also was very surprised for goods to be removed at a first visit, as i had read that they normally will seek possessions and then offer a certain amount of days for you to pay the debt, The bailiff did complete a Walking Possession? and whilst i was in another room made my partner sign it, even though the possession are not hers to sign over which he knew ? to answer your questions: She did recieve notification of the fine, however no notification of a ballifs visit attendence at all ! She did not attend court as it was advised that she should plead guilty for the offence, she did however make the courts awear that she is currently not working. She has lived at the same address The balliff did not show me the warrent or advise me of a date. many thanks

hi there, the fine was not my fine it was my partners, in her maiden name not married, for a speeding fine 38 mph in a 30mph zone. i tried to mention the fact that i need the computer for my work however they did not even listen to me ? i understand that if it was my debt that was owed they would be able to enter my home, however it is not my debt, the rental agreement is in my name, the possession are mine ? they could not take the car as it is in my name so how can they just take all my other possession that belong to me ?