Hi Everyone, I really hope someone can give me some advice on this situation; A year ago I received a claim form from Northampton,I defended it. I sent HC a CPR 31 letter and had no reply. I then filled in an AQ and the case was stayed,I spoke to the court a few times and they hadn't heard from HC.so didn't think it would go any further. Then in Oct I get a letter from HC with a copy of an application form for a Debenhams account signed by me in 1994, with a different account no, and also a few statements.Its only for a small amount of money,I didn't reply I didn't think they could go to court on that. Then get a letter from court with a hearing date for next month. I have got their witness statement,they are saying I reported the card lost so was given a new account no,and that they haven't received any response from me,they cant produce a deed of assignment,also problem is I wont be able to make the court date as am overseas.the court said that I can CPR 27 and that HC will not be attending either. I have got to do a witness statement,and really need some advice. Thanks for any help.

I have spoken to the agent who tells me that as the contract was signed before the new legislation on the 1st October,that I dont need to have DPS,and that it is stated on my contract,it actually says under the title (no DPS) it is a Common Law agreement,as rent is over £25kpa.It say's in the contract that the agent will keep the deposit as stakeholder,but he paid it into my account,The agent said that at renewal I would have needed DPS, how can I find out if this information is correct,as tenant is asking me who the deposit is registered with,and don't want to say its not,until I know for sure it doesn't need to be. Also I rented the property part furnished,after they moved in they decided they didn't want some of my stuff,so I then took it away.and then had to revise the inventory,which I did myself and was signed by them This is what is written in the Contract regarding the Deposit. The Landlord may deduct monies from the Deposit (as set out in clause 6.1) so as to compensate the Landlord for losses caused for any or all of the following reasons: • any damage to the Premises and Fixtures and Fittings caused by the Tenant or resulting from any breach of the Terms of this Agreement by the Tenant; • any damage caused or cleaning required as a result of any pets occupying the Premises (whether or not the Landlord consented to its presence as set out in clause 16.3; • any sum repayable by the Landlord or the Agent to the local authority where housing benefit has been paid direct to the Landlord or the Agent by the local authority; • any other breach by the Tenant of the terms of this Agreement; • any instalment of the Rent which is due but remains unpaid at the end of the Tenancy; • any unpaid account or charge for water, electricity or gas or other fuels used by the Tenant in the Premises; • any unpaid council tax; Thanks for all you help.

we had a common law tenancy agreement and the new tenants would not have taken it without furniture, it may have taken longer to rent if these tenants hadn't taken it

In May I rented my property for 36months with a break clause after 18 months,the property was furnished but these tenants had their own furniture and as it was for a long tenancy I agreed to unfurnish it,then after only 3 months they gave me 2 months notice and moved out after only 5 months in the property,the agent got a new tenant and their fee was paid by leaving tenant,there was a week between the new tenancy. To secure the new tenant I have had to replace all the furniture that I removed at the beginning of the tenancy cost me money for removal company I had to visit the property 4 times for checkout .check in, placement of furniture, & cleaning, I have informed the original tenant that I will take money for this from the deposit also they damaged some curtains & a weeks rent,this doesn't leave very much of the deposit left, they are now threatening me with court action to return all their deposit,except for a weeks rent for between tenants.The deposit wasnt in a DPS as it was over £25.000pa and I was told by agent it didn't need to be in a scheme is that right? how can they threaten me when they are in breach of our tenancy agreement,and on the tenancy agreement it states that LL will be compensated out of deposit for any losses due to breach of contract by tenant, whats best way to deal with this? What can happen if they don't agree with the deductions from deposit

Best of Luck for today.

Hello Andy & Robin think I need some help with this; Just as I thought this was finished with, got letter from Restons, stating that they can apply for an order for possession and sale of my property, even though at the hearing their solicitor stated that they wouldn't apply for an order of sale. The Judge refussed the redetermination and said that I could pay off what ever I was comfortable with,if and when, didn't make a payment order. So now they are giving me till end of May to make a full payment, to discharge this liabilty in order to avoid the enforced sale of my property, or to make them reasonable & proper instalments to clear the debt. What sort of establishment are Restons, I thought they where solicitors, surely they cant lie to a judge by saying they wouln't go for an order of sale,that they only want the assurance of a CO so that they will eventually get their money.then 2 days latter send me a letter threating an order of sale,these people are unbelievable. Thanks for your help:)

Hello Stressed Kitty, Thank you for your kind words on my thread, thought I'd have a read through your thread to see if I could offer you any help, I know how stressful this can be,I have now been to court twice, I wasn't so stressed the first time as I thought I had a really good defence,how wrong was I What I didn't realise is that you have to practically spell everything out to the judge, whilst the other side oppose what your saying with points of law that you haven't heard of or researched enough.The run up to yesterday was worse,I was worried about it all weekend,o.k they got there CO but at least its finished with now,I don't have to worry about it anymore,at my age I'm not worried about my credit score I never want anymore credit,and if I move it wont be for a long time, I only have to make a small payment a month, no amount was set it depends on what I can afford,and they can't add interest on to it.so in reflection I did better than they did, but on no occasion did they ever offer me a settlement figure, IMO I would offer them a lower figure first to see if they would agree,but I guess its what makes you feel better, you may do better in court than I did,if I'd had a court buddy, that would have helped but unfortunately I have realised a lot of things after the events. Good Luck in what ever you decide. EC

Hello Everyone. Well today was court day,and I never want to see inside another court room again ever ,twice in the past 6 months has been enough for me,the judge today was extremely pleasant so maybe it is just the system that's wrong.After my last experience, If I'd liked to bet then I would have put money on that HFC would get what they wanted. but then I thought surely I had a chance, especially with my objections, but NO I didn't have any chance,everything was against me,Basically I owed a bank money,doesn't matter that they didn't have an enforceable contract,the judge that day said that was enough for him.today it didn't matter whatever I said I was going to get a CO.and made to feel they where doing me a favour by giving it.So basically if I ever get another summons which I'm sure I will as I have at least another 10 creditors waiting in the wings,I will be passing it straight over to a solicitor even if its not on a no win no fee deal. If I could go back a year I would have engaged a solicitor,not tried to defend it myself, but I had an unenforceable contract, it was an application form,how hard would it be surely I had the winning hand.!!! A big thank you to everone that has helped me over the past months. I really have appreciated your help, especially Robin & Andy.

Robin, thank you so much for that you have been such a great help to me all through this and I really appreciate your help. I have read though so many threads this past few weeks,this is all very confusing but even though my appeal was refused would I still be able to get the SJ set aside as the amount the judgment is for includes unlawful charges, if not would I be able to claim back from HFC the unlawful charges or is it all too late now. I think I can apply to HFC for the charges back, or have I misunderstood this. I think its too late for the set aside, is that right?

Have heard back from Restons re my objections,they have stated the case of Banque Financiere de la Cite v Parc saying that having other unsecured creditors is not grounds to refuse a C.O. I have other objections but don't know what my reply to this one is. Thanks for any help:)

Thank-you Andy, so much for getting back to me so quickly,

Hello Andy, I hope u can help me on this,when I filled in N245 and submitted to court it was for a redeturmination of the forthwith judgement,then restons applied for interim co, do I state on my objection that they applied for co after I submitted the N245.or does it not make any difference. Thanks for any help

Thanks Robin:)

Thanks for that Beau

Hello Robin, thanks again for your help, this is what I'm planning to put into court tomorrow regarding hearing next week.it's difficult know how to do this right.if your could give oppion I would be very grateful. Requesting that the court considers the following objections to the application for a charging order made on the xx xxxxxxxxxx 2009. 1. The property is in joint names and it would be unfair to the Co-owner. 2. It would give HFC an advantage against other creditors. 3. The debt was an unsecured debt for a credit card, the debtor has already benefited by having a higher interest rate on this debt, which wouldn’t have been case if secured against a property 4. I am offering to increase monthly repayment amount to £50.00 a month