Yes they do have the logbook .I will need to search for the paperwork to find out when the loan was due to finish though I expect it was June but at that point a baloon payment was due which was equal or greater than the amount I had borrowed in the first place. Monthly payments 77.40 after the top up and I think just under 50 per month before I topped up the loan. First payment was taken from my initial loan before I was given the money so I actually only received 200 at first and not the £250 I signed for, they now want 575.60 in full settlement

I took out a loan of £250 on my car, Mobile money did not have any proof of any income of my own , they did not explain that this was a bill of sale or mention a balloon payment. Towards the end of my initial loan I topped it up and borrowed a further £200 following a text invitation to do so. my payments went up considerable even though I had made regular payments. I did not understand how this worked until I started to look at various forums. Anyway as I said I had been paying regularly and when I was texted and invited to top up my loan I called the local Preston Office and went in , again my glasses were broken so I relied on the guy being honest ( they are supposed to be regulated and have rules to follow) I was not told about a further arrangement fee......... nor the first one come to think of it. I have missed 2 months payments now but have paid well over the £450 I initially borrowed yet they still want nearly £600 by the 27th or they will send an agent to take the car. The default notice stated that I can apply to the court which may make an order allowing me or any surety more time.......... What court ??? Also referred to an office of fair trading sheet stating if its not included, contact them and ask for one........ well guess what ??? it wasnt included. What can I do ? should I just surrender the car ? Its not worth a lot, its an 11 year old astra but is all the transport we have and my wife is disabled. I would appreciate any practical advice please I know Im an idiot for not reading things but I know Im not alone in that .

Cheers Ed999, since I posted this I have spoken to the LL , a very nice elderly gentleman, he went on to explain why he had visited my friend in hospital. Apparently the police have informed the LL that the property could be "closed down" and boarded up for a period of 6 months !! The LL obviously doesnt want this and my friend has admitted he and his partner have had problems which have resulted in numerous police attendances at the property. It appears that my friends GF is the root of the problem but as the tenant , my friend is legally responsible for the behaviour of anyone visiting or staying in his home. The LL has agreed the "termination notice" was not appropriate and is going to issue a notice to quit instead. My friend is going to stay with his mother having acknowleged his GF is causing more problems than she is worth. My reason for posting in the first place was the signing of the termination in hospital with no comprehension at that time of what he was signing but this issue has now been resolved. Many thanks for your help.

Background is easy enough, my friend lives with his girlfriend, both are recovering addicts (drugs) but have been clean for several months however they do both drink too much and have had several arguments which one neighbour has taken exception to. The neighbour is a relative of mine and has made numerous malicious complaints about my friend and his GF . simply because she doesnt like the GF and fancied my friend. anyway, my friend has not been arrested or warned about anti-social behaviour by either the local authority or the police. The neighbour has been complaining directly to the LL and basically the LL has decided he has had enough of the hassle. I can confirm that the majority of the complaints are malicious but some have been justified. The boarding up of the property was mentioned by the LL in order to get my friend to sign, but he has had nothing from the police or local authority My problem is the LL going to hospital with the pre-written notice and asking my friend to sign it then getting the nursing staff to witness it as well. Where does he stand when it comes to possible enforcement of the irrevocable notice to terminate or simply revoking it ?

A friend has signed a piece of paper written out by his landlord "irrevocable notification of termination of tenancy" The landlord visited my friend in hospital on the mental health ward and told him if he did not sign the form the police were going to board up the property, My friend was medicated at the time of signing and a staff member at the hospital acted as a witness to this ridiculous manipulation of an unwell person. I wish to assist my friend in revoking this irrevocable notice but where do I start. Chapter and verse if possible please , many thanks

Perhaps if they didnt hide behind a PO BOX people would confront these beggars eye to parking eye. PARKINGEYE LIMITED 40 EATON AVENUE BUCKSHAW VILLAGE CHORLEY LANCASHIRE UNITED KINGDOM PR7 7NA Directors home address and phone number to follow

I`m far from being an expert on this and I am unsure if a deposit can be unprotected once it has been placed with a scheme without consent from both tenant and landlord. The DPS is the ONLY scheme that allows a deposit to be registered with them after the 14 days from when the landlord received the deposit so that scheme would be the only alternative. Do you have the information regarding the fact that the deposit was protected ? Tenancy code or anything like that ? I have just spoken to your scheme who said the agent is still liable to pay you the money and admitted that should you raise a dispute with Tenancy Deposit Scheme they are obliged to chase this up on your behalf and fulfil their obligations. Alternatively you can take the agent to court , this could be a good course of action if protection has been removed from your deposit , as appears to be the case . I am ASSUMING this was an AST ?

Hi Sands, when did the membership of the scheme terminate ? was it after your tenancy ended or before ? If it was an insurance based scheme and you have the information I would suggest that the scheme is still liable, give us some more info on which scheme was used

Asking to be let back in is no longer an option as social housing is imminent. Are you saying that the council should prosecute this case ? I will advise them to approach the council about this and sound the housing officer out about the situation. If the council are not interested is it possible to bring a case alone ? Would a no win no fee solicitor take this case on ?

Thanks for that Lawdoctor. They are only a young couple , they have received a letter this morning from a solicitor acting for LL stating that any claim of illegal eviction would be strongly defended and they would counterclaim for damages. I know they cannot afford the court fees ( justice seems to be available to only those who can afford it ) . All T wanted was their deposit returned to go towards carpets for the new home. I was only when I looked into it for them that I realised what had happened. LL is now stating that T left of their own accord, how can we disprove this as the police were not called as they were unaware it was illegal.

Hello all. Two young friends of mine have been tenants of a 2 bed house for about 2 years. Deposit was protected etc. LL gave valid section 21 and local housing sorted alternative accomodation but can only accomodate at end of July. This was explained to the LL who seemed amicable and agreed not to take possession of the property until they had moved. He had to continue with accelerated possession to "cover his back" LL called tenants on Friday saying he was coming on Saturday morning to change the locks and take possession of the property. Panic ensued as he said he had a court order and it being weekend the t could get no advice or help. LL turned up on Saturday and agreed to leave it til Sunday to give them time to pack up. He demanded rent which T paid. T went to parents house totally unaware that what had happened was illegal. I called the court to ask about judgement and was told no possession had been granted. LL is refusing to release deposit from scheme and is threatening to counter sue for over £3000 damages. If the property was damaged and the tenant knew that their deposit was lost , surely they would not have paid the rent on the last day. I have been to ook at the house and it is being "developed " for rental at a higher rate of for sale and this is the reason he wanted T out fast. Where do they stand

Well actually its my stepdaughters home, The landlord inspected the property less than a week ago from top to bottom, then today his mother turned up ( they had said she would be coming ) but my stepdaughter had decided enough was enough and was going to refuse her entry. My wife answered the door and told the woman she was not coming in , the woman pushed past my wife who is somewhat disabled and hurt her in the process. This woman is not mentioned in the deeds to the property nor on the tenancy agreement yet the rent is paid into her account. I have called the police on this but what has she done wrong and how do I ensure it is taken as far as it can go ?

Hi I have looked at the stickies on TDS ,I have read the t&c of the deposit schemes and one definitely specifically excludes where legal action has started. I have been trying to find out about the procedure for defending and counter claiming the granting of a possession order on the date of the hearing as opposed to starting a claim for non-compliance independently. I have heard and read of people being served extra "evidence" on the date of the hearing ( which would obviously prevent the LL complying outside the spirit of the law regarding TDS)

Thanks Planner, I presume the deposit can be protected the day before the hearing with one of the deposit schemes. The other two seem to have stricter rules regarding late protection and one specifically excludes protection of deposits where legal action has started. Is it possible to defend and counterclaim at the same time ? If so what is the procedure for this. I really appreciate all your help

Thankyou , I am so annoyed with the way this LL has behaved . Is there anyway I can use the defence as a counter claim ( even though the claim for possession appears to be invalid)To try and get the deposit + 3 x as compensation for the hassle my Stepdaughter has had ?

Since the initial tenancy agreement ended a new one has been signed, however my daughter did not receive a copy. At the time of signing and after she had signed ( we have letters from LL confirning agreement will be renewed on "date" and they did come and do it bringing only one copy which they said they would duplicate and return a copy to my daughter). My daughter then insisted ( more or less demanded ) a copy of the Gas Safety Certificate. Since then they have had to put up with fortnightly inspections.... they came and inspected the property on 17th of this month and told daughter they were coming back on Friday to Inspect the house again. Ok so LL issues Sec 21, then appies to the court for possession, what defence should we use ? I am still concerned with the wording in the housing act as it refers to shorthold tenancy as opposed to stat periodic (unless I can prove a new agreement was signed)

Hi Planner I didnthear it wrong but the crux of the matter is now that the AST has effectively lapsed into a statutory periodic due to my stepdaughter not having a copy of the new AST she signed This is where our problems lie at the moment. I know there is some skullduggery going on as my stepdaughter did in fact sign a new 6 month AST but the landlord took it and promised to copy it for her as they only had one copy with them. She also asked for the Gas Safety Certificate and thats when the grief started. Landlord changing his mind about tenancy after signing but leaving us with no proof of new tenancy (hence stat periodic)

My stepdaughter took a 6 month AST in September last year, paid £500 deposit & advance rent. The deposit was not protected by TDS. Tenancy period is now up and no new agreement has been signed. Landlord has now served Section 21 . I have learned that it is now a statutory periodic tenancy so the TDS rules barring Section 21 no longer apply. Can she still take action against the landlord over not protecting the deposit and if so ...How does she go about it ?

I thought this might be an easy question ? Well if no-one here has any answers please can you tell me where to ask ? thanks

Hi all. In 2002 I was tenant of a Local Authority , I moved in with my partner and my sister stayed at my flat, as she was staying there she agreed to pay the rent. I had no reason to suspect she wouldnt. Anyway she did not pay, I was living away from the flat so did not know about arrears etc as she kept it hidden from me. I recently found out that I owe over £1000 in unpaid rent and that the local authority had obtained a possession order and a Money Judgement in 2003. The Local Authority transferred all its housing stock to a Housing association in approx 2007 and I only became aware of thie aforementioned court actions after I applied to the Housing association for a property. The Housing association say they have a money judgement saying they can get the arrears off me (even if I go bankrupt). My specific question is "Does a money Judgement transfer automatically just because the property and debt have been transferred and should I have been notified about "re-assignent" ?

Thanks for advice, problem now resolved as we were able to prove directorship had changed and HCEO accepted this.

Form no 55? I havent the foggiest idea what that is sorry. For now , knowing that HCEO can only effect peaceful entry will suffice , so thankyou for confirming that for me. I am unsure about the status of the business and have only been given brief details but I do know that my friend is not a director. I was told something about a compulsory strike off ( his wife was a director) Sorry not to have all the details to hand but Im going over there tomorrow so I will have a look at the paperwork and transcribe as much as I can. Many thanks for your advice

Hi all, I had a call from a friend today regarding a visit from Andrew Wilson & Co. A business he had been involved in folded owing PRS fees (performing rights society) for music played at the pub. The original writ was addressed to ***** LTD 22,********* Now the writ has been Re-addressed to a domestic property This letter was posted through his HOME door and he was told that they would be attending on Wednesday 5th May with a locksmith and police to remove goods. Please note that no officer / BAILIFF has been into this home before and it is completely separate from the business address. Andrew Wilson & Co Writ Number: #### Claimant Performing Rights Society Defendant: #### #### HIGH COURT FORM NO 55 NOTICE OF SEIZURE In The High Court Of Justice Queens Bench Division ########## High Court Claim Number: ##### County Court Claim Number:##### Sent from the ####### COUNTY COURT Address of Premises: ########## This Notice has been left at this address ########## an Enforcement Officer from Andrew Wilson & Co The Sherilfs Office High Court Enforcement Officers of 26 Missouri Avenue Salford Manchester M50 2NP who are authorised to enforce writs of execution from the High Court. TAKE NOTICE THAT: 1. A formal seizure of the goods at this address has been made under a Writ 01» Execution directed to an Enforcement Officer by the High Court. The Enforcement Officer accordingly has conduct of the execution. 2. The goods seized are now in the custody of the Enforcement Officer, as an Officer of the Court, and must not be removed, sold or otherwise disposed of. This will remain the position until the sLIm due under the execution has been paid in full. The only exceptions are goods of the type referred to in Paragraph 9 of schedule 7 of Section 99 of the Courts Act 2003. (This Section is set out below). Enclosed with this NOTICE is a WALKING POSSESSION AGREEMENT in thn form prescribed by law You must read this agreement and sign it to acknowledge the seizure and hand it to the Enforcement Officer attending your premises or return it to this Office. Failure to sign the Walking Possession Agreement may result in the removal of the goods seized without further notice pending disposal by public auction. 3. The judgment debt and costs of execution due under the Writ are:- Judgment Debt: £*** Judgment Costs: £**** Costs of Execution: £**** Assessed Solicitor Costs *Interest to date: £***** HCEO fees: £**** Total outstanding: £**** *Interest is payable from the appropriate date (which varies according to the size of the judgment debt and where it originated). Officer's fees and interest will continue to accrue daily until the judgment debt is paid in full. 4. Payment must be made to this office in CASH or by BANK DRAFT. Payment by cheque may be accepted if the Enforcement Officer agrees but may be subject to such charges (if any) as are made by his bankers for special clearance. Please note that it is essential that Writ number ###### is written on the back of all cheques or bank drafts and quoted in any bank transfers so that these payments can be identified. All cheques and drafts must be made payable to Andrew Wilson & Co and sent to the contact address below. 5. If payment is not made and the execution proceeds, the Enforcement Officers or their agents will attend and remove the goods seized for sale by public auction or as the Court may direct. 6. If any of the goods seized are not your property, you must tell the owner about the seizure and he must write to the High Court Enforcement Officers claiming the goods at the contact address below. 7. If any of the goods seized are the subject of a hire purchase or any similar agreement, you must send full details in writing to the High Court Enforcement Officers at the contact address below. 8. If any of the goods seized are not liable to seizure by virtue of Paragraph 9 of schedule 7 of Section 99 of the Courts Act 2003 (set out below) this Office must be sent full details in writing within 5 days of the seizure or within such greater period as the Court may, on your application, allow. 9. You must inform this office if anothl~r Bailiff seizes, levies on or distrains the goods to pay another debt and you must inform that Bailiff of this seizure. 10. You must also inform this Office of any Petition in Bankruptcy or application to liquidate a limited company that may be, have been or is subsequently served on you. 11. The goods seized are all those referred to at 2 above but in case there is any doubt, the following items have been levied on today and ARE INCLUDED IN THE SEIZURE: Dated: _____________________ Signed: _____ Contact details: Andrew Wilson & Co The Sheriffs Office 26 Missouri Avenue Salford Manchester M502NP Tel: 01619251800 Fax: 01619251801 Website: Andrew Wilson & Co. - Home Paragraph 9 of Schedule 7 of Section 99 of the Courts Act 2003 provides as follows: 9 (1) This paragraph applies where an enforcement officer or other person who is under a duty to execute the writ is executing it. (2) The officer may, by virtue of the writ, seize- . (a) Any goods of the eX6cutrc\n debtor that are not exempt goods, and (b) Any money, bank notes, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to the execution debtor. (3) "Exempt goods" means- (a) such tools, books, vehicles and other items of equipment as are necessary to the execution debtor for use personally by him in his employment, business or vocation; (b) such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the execution debtor and his family. The High Court Enforcement Officers Regulations 2004 Regulation 15 SCHEDULE 4 WALKING POSSESSION AGREEMENT In the High Court Of Justice Queens Bench Division ########### High Court Claim Number: ######## County Court Claim number: ######## Sent from the ####### COUNTY COURT Claimant: ######## Defendant: #### ####### My specific questions (so I may be of some assistance to him on Wednesday) are..... Can these people effectively force entry into my friends home to sieze assets for a business debt ? If the police attend and assist the officer/ bailiff to enter the property who can I call to immediately put a stop to it ? (I like to be a little prepared for the worst as Police often do not know what they are doing where bailiffs / sheriff officers are concerned) Should I record( video) everything in case the officers try to misrepresent their powers and if they do misrepresent their powers is that a criminal offence ? Any help at all would be greatly appreciated

Hi all, I have recently learned that I owe a housing association over £1000.00, I was never a tenant of theirs but when the housing stock was transferred my debt went with it. I was not even aware of any arrears as my sister was living there at the time. The tenancy ended in 2003 (March) I had moved on etc and was still blissfully aware of the debt. In 2010 I applied for social housing with our local housing group who then informed me of this debt from 2003. I did some reading on here and learned about "statute barred" etc. I contacted the housing group and told them this and they replied with a letter stating the debt had been serviced in 2006 wtih three direct payments from DSS in Aug , Sept and Oct when the debt was still with my local council. I remember having council tax problems and the council hounding me for payment of that but not rent arrears. I believe the council have credited the deductions ( if there were any) to the rent account instead of the council tax account. DSS Have no record of any deductions from 2006 , Chorley Borough Council have no records at all and the Housing association only have a redcord of payment three times from DSS.... I was not a tenant of Chorley Borough Council at that time and my belief is that only a priority debt can be serviced by payments / deductions from benefits such as council tax , fines, utilities etc.Therefore I believe there has been some jiggerypokery going on somewhere... any advice will be greatly appreciated. and if you are going to tell me just to pay the debt then please forward a cheque as I will need a loan to pay it off.

I have just returned from the Magistrates court where I asked the bench to give me a few minutes of their time. I explained our financial circumstances then told the of Marstons "unlawful" actions on behalf of the court. I showed them pictures of where the note was posted. The Chair said she will insist that this is looked into and promptly remitted all fines and costs. Im still gunning for the Marston thugs whiteside and roberts though. The fight has barely begun.