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Leakie

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  1. Hi all I was given a section 21 that runs out tomorrow, unfortunately due to my circumstances I have been unable to find affordable accommodations I am unable to provide a guarantor, but have offered 6 months rent up front and deposit, I am a single parent with 3 children, just wanted to find out the do's and dont's I know I do not need to leave as I have not found anywhere else. until the LL goes to court. The council have been very unhelpful. just want to confirm my rights I do not want to fall out with the landlord, but feel this will happen. I have paid up until tomorrow and have stated that i will pay for the next 2 weeks, and hopefully move by then. or should I have paid the full months rent and tried to claim it back as if I had moved out it would have only been 8 days do not agree with paying more than I owe. any advise would be appreciated Leakie
  2. Just a bit of an update. Council and Rossendales decided to end the agreement, of 2 accounts on hold, without informing me, and asking for I and E. Found out about this after I was put through to the welfare department. Now I sent the relevant emails of I and E and supporting letter, explaining why I could not give an Accurate Iand E The account was put on Hold until 8th September Emails sent and emailed receipt received, 4ht September I receive a letter over the weekend dated 5th September We are disappointed that you have not replied to our previous correspondence, and now the Bailiff will visit you.( they still use the word Bailiff) the reason given I did not include an offer, I was not asked too. Yet another phone call and they stated that it takes 3-5 days to process emails Looks like the right hand does not know what the left hand is doing. To be fair now on hold until 19th September Now waiting for a call or email from the welfare department.
  3. Small claims court , as you have tried and failed to get remedy, then Martson can not screw you over with legal fees only reasonable costs not Thousands I would have thought that you can show how unreasonable they have been you have a good chance of winning.
  4. I will lay my cards on the table, yes I do have a big problem with Ea's The reason being they rely on the debtor not knowing their rights, fortunately for me and thanks to CAG in the past I do!!! The answer is to take the profit out of the debt collection Not everyone are will not pays, they are can not pays, and increasing there debt is not going to help. Whether it is for a company debt or personal debt the circumstances are not explored before enforcement commences, mainly through the debtor not knowing their rights. If the powers to be realy want to get people to pay what is owed they would not increase the debt It is in no ones interest as the debt need to be paid regardless. People need to wake up to the corrupt system, that is there for profit only The police have start to do the same, Enforcing for profit not the law of the land. The whole thing needs to be looked at again, but not with just people in power and have an interest, but also with debtors, so there is an understanding. If this is done correctly then I am positive debts would be paid quicker. There are some that play the system and it is these if proved should be punished not the people who genuinely cannot pay through circumstance, I was knocked for a substantial amount of money and this was the start of my problems, 7 years on I am still trying to sort it out, over the years it has cost me about £5000 in fees because I could not afford to take my debtor to court at the time. I was not at fault but the charges with the council and EA charges have spiraled the problem is the government is pro corporate business and against the citizen of the the country. If the law was genuine then fees would be to the absolute minimum, I do not know the answer but it needs to be discussed and may be may be it can be made a fairer system Until everyone is involved this will not happen. There is to much emphasis on profit rather than a serious attempt to sort the issues out, The Governments Of now and past have a lot to answer too, We need to take back control for everyones sake before it is too late.
  5. Doggone it Ican not disagree with you, It does not matter if you have tried to sort issues out beforehand they will not listen there job is to get the Debt paid. by what ever means, if people are willing then they should listen, which was not the case. thanks for the link
  6. The prefered way is not the fairway BA, all it did was make the debt increase. As soon as the LO was granted, they came to an arrangement, which could have been reached before hand. It would have made no difference, as if I had defaulted they could then have got an LO and then enforcement.
  7. Thanks BA They asked for I & E before going for a LO In my case they were not, prepared to even talk about an arrangement , as I was Self Employed . to be honest I did feel it was just to gain the extra fees, which could have been avoided, if they were prepared to listen. But as Self Employed there was no discussion, straight for the LO Doggone it This is my personal experience with the council I have had discussions with the local councilors, and to be honest they were not interested. I have also found that, the council tax department were helpful, But Recovery department just plainly do not care what ever the circumstances. Recovery hide behind policy
  8. With regards to my local council Braintree all you get is a notice of missed payment, My last one was by text not letter, due to the council not allocating payments properly, Notice that they are applying for a LO with an I & E form. If you do not contact them they will go for the LO regardless Even if you do contact them in my case as I was Self Employed they stated, that they had to get the LO before any re payment plan could be agreed, ( an extra £95.00 for them) then they make it very difficult to make an agreement, so straight to enforcement. no notice
  9. Please do not flaming each other, let's have an adult discussion
  10. Sorry missed some posts I agree with BA the 14 day letter from the council should never have been taken out, With regards to credit agencies, it would possibly work if those with a good rating, who are more likely to be the debtor who do not want to pay. But most of the LO's would be from debtors who can not pay, and are just trying to survive, I doubt there rating woulds be that good anyway,
  11. With regards to proof of the NOE The law states once posted it is deemed to be delivered. we all know this is not always the case. Just because it is recorded on a computer somewhere, that it has been sent, is not proof it has been delivered. personally I believe the time allowed should be at least 14 days,from the date received. if someone is working away they will not have time to try and come to an agreement.
  12. Some good points raised Yes possible breach of the peace, can if used correctly will stop volatile people, causing a Breach. But you can see this being abused quite often, when someone is just trying, to stand up for their rights. I have no problem if the enforcers whether EA's Police Utility enforcers, follow the procedure, to the letter of the law. but what we are seeing alot of, is this is being abused, due to the debtor's lack of knowledge, and those that do have a bit of knowledge, being detained for standing up for their rights. I understand this is not always the case. Third party seizures, again there can be people who abuse this, But how many of you keep all your receipts. Yes the problem is Some EA's do abuse this, I have said this before if an EA or any enforcer abuses their power there should be some way of bringing them to book. there are things in place but IMHO there are not working and the enforcers know this, if take to a court it is cost prohibited for someone who is already in debt for whatever reason.and again the enforcers know this. Another issue is the warrant/LO why would any person accept a warrant/LO on a screen. I have never seen a copy of an LO that has been granted in my name. I think the biggest problem is there has been and is abuse of the system on both sides. I wish I knew the answer for a balanced way,
  13. Hi all After doing a lot of research, the general opinion, from enforcers from the police to bailiffs, Seems to be if we have done wrong you can get remedy through the court process, so pay up and correct afterwards. examples arrest for possible breach of the peace, mainly when EA's are involved. social services we will take your children for possible future harm. When was this changed from the accuser has to prove, to the accused has to prove. 3rd party has to prove property is theirs,They should not have to prove anything, just to make it easy for the enforcer whether an EA or police. In this country of ours you are meant to be innocent until proven guilty. Just want caggers views Leakie
  14. Hi all Just wanted to make people aware of an underhanded way the EA tries to make you default. History I finally took the general advice from BA and Dodgeball, and come to an arrangement with the EA company dealing with the 3 historic LO's. Which in the main is advice After alot of barriers put in my way, I was passed to the welfare department. I sent in an I & E with at the time a surplus income of £12.00 per week. Rossendales in there wisdom wanted £16.00 per week. Again speaking to the welfare and in turn them speaking to the council , it was agreed that I would pay the minimum £3.75, on one and the others put on hold. I was informed that the arrangement would be reviewed in 12 months, quite happy with this. Moving forward to today Today I received, two letters stating that they have not received my latest payment under the previously agreed arrangement. Checked the bank statement online and money has been paid as agreed. I have since found out that without any communication to myself, from either the council or Rossendales that they had lifted the hold on the other two accounts. They could not have taken any extra as on Standing Order, so they could not have collected any more without informing me. When speaking to one of there operators, I was lectured in a demeaning way, and after explaining the agreement that had been put in place, finally he spoke to the welfare department, and the operator explained the above. Then threatened me with enforcement if I did not come to an arrangement. If I had been away I would not have known and further fees would have been added. I have now come to the agreement that I will send in another I & E, and the account is now on hold until 6 september. So Please Be aware of this tactic to make you default. Leakie
  15. The not receiving the NoE is a mute point in my opinion. Many times government department quote the interpretations act once sent deemed to be delivered, It is a cop out as you can not prove it was sent or not . easily over come, as for what is being charged it could and should be recorded delivery. DVLA are the worst at this, and some EA companies. Same for the LO and warrants of execution They should be signed and court stamped. as there would be no proof it had been to court. again the amount of extra charges should cover, then there would be no argument . .
  16. A couple of Questions Was your Uncle 1- Told when the court date was and where so he could have challenged it. 2- Was He given his Human rights letter. 3-Was anyone in the property in when the warrant officer attended. if so did they ask to enter and were refused. I had a similar problem with Eon I ended up in debt with them when I pointed out they had read the meter the wrong way around. (night /day Day /Night ) I received my court date letter after the case, after it had taken place, I was still disputing the Bill as they had made the mistake and want payment quicker than I could afford, Warrant officer turned up change the meter, I let him in under protest. I then contacted Customer services and complained. ended up speaking to a manager as the first person was reading from a script. I explained the situation and stated I had 3 separate complaints, and was going to go to the ombudsman Very quickly I was refunded the warrant charge, and compensation although small, I believe that it cost the U/C £500 per complaint, so tend to concentrate them into action. Personally, I would never go with EON again as I feel they are one of the worst and aggressive U/C's Good luck Leakie
  17. Hi all need some more advise so I do not get fleeced by my current Landlord, I have since found another property, My rent due date is the 11th of each month. I can if all goes well move in on the 1st of September, so this will be, 10 days short of the calender month, which I assume I will take a hit on. 1-If I waited until the 19th would I be expected to pay for the full rent (11th Sept to 10 Oct ) giving them 3 weeks rent for nothing? I have been told that any notice should be given on the rent due day (section 21) 2- Do I need to give an certain period of notice as the section 21 has been issued. What I am tring to avoid is being charge 2 months rent, Hope this makes sense Leakie
  18. Hi stu007 Started October 2013 1 year No new contract signed Started with letting agency then to the landlord direct Landlord wanted long term tennant,
  19. Yes section 21 was issued It was just something the council Housing officer brought up, (guess he was looking for a reason to say it was not compliant with the S21 so it would be invalid ) that it may not comply as it is a day short. He also asked for energy performance certificate which is also needed to comply this is something I have not seen. The gas saftey certificate is being done today, leakie
  20. Hi all I have been given notice to my my private rented house, I have been to see the housing officer to day and he thinks he may have noticed a mistake by the LL in the notice. Date of notiforcation July 20th date to leave 19th September can some one clarify if this the correct ammount of notice please there are other issues as I have no Energy performance certificate Leakie
  21. the last bit is what i am saying things are going to change soon people will rebel, if it does not the police have changed to much people are fed up you can see it on social media, being pushed to far law may be the law but if it is unjust........ people will rise up and soon me thinks but hopefully not in a violent way. leakie
  22. Totaly agree BN lets hope thety do not make him an example. I think things are going oto change real soon, it needs too, or there will be a revalotion very soon we need to roll back on the law it has gone to far, against the common people. Leakie
  23. Reverand Paul Nicolson is back in court for non payment of council Tax on thursday 13Jul http://taxpayersagainstpoverty.org.uk/news/civil-disobedience-media-release-rev-paul-nicolson-summoned-to-court-for-no Leakie
  24. Markez78uk dx100uk is right try to relax, the worrying is not going to help, I was the same worrying all the time to a poit it affected my health, now when something happens out of my control, I take it that no news is good news, and if it hppens it happens, at least you are showing willing. you can do no more Leakie
  25. Thanks BB much appreciated I will have a read in the morning. Leakie
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