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Webranger

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  1. I'm glad for you - makes all that whimpering about going to prison seem a bit over-hyped doesn't it?
  2. Friends need advice on procedure: 1: Situation: Possession Order in place, warrant not yet demanded because property in negative equity, but lenders really vicious and may go for it anyway. Son has come of age in last few months, so didn't sign away his interest in the property when loan was made. He wants to register an "over-riding interest" to stop possession of HIS home. I know it can be done using case of Williams & Glynn Bank v Boland, but how? Land Registry doesn't want to register anything but a financial interest, but such an interest as this doesn't have to be registered with LR. So how does he get it into the case? Could wait until a warrant is sought, but would prefer to get in front of that. Any ideas? 2: Property was taken into possession, held onto for 18 months and then sold about £100,000 below below reasonable valuation - almost certainly a false sale but that is difficult to prove. How do mortgagors start a claim to have the missing 100 grand deducted from the claimed outstanding loan? 3. Landlords have a very large debt registered against them. They own a number of BTL properties but every one of them is in negative equity - some by up to twenty thousand - and they have no other assets. The creditors are trying to use the investigation of means procedure at court to get details of all the tenancy agreements. What puzzles the landlords is what the creditors are hoping to do with this info. a) Can they take possession and sell? even though it would be pretty silly of them. b) Can they take possession and evict a tenant with a long Assured Shorthold Tenancy? c) Can they take possession and continue taking rents from tenants? d) What sort of possession would that be? e) Would the first lenders allow that? f) Would they not rather insist on their mortgages being paid off? Especially as present rates are low and the major lender lender wants to close books anyway? g) Surely new possessor could not pay existing mortgages without mortgagors' agreement?
  3. Very odd this. There is an alternative course of action, but it would still involve consent from your ex. I suggest that your best approach from here is to ask: "what does she want?" Apparently not her share of cash - which is diminishing all the time of you are not paying the mortgage. Apparently not income either. Maybe it is just to spite you whatever the cost to herself - but that doesn't really seem all that likely unless she is very well off anyway. If we knew what she wants it would be easier to advise.
  4. There are two issues here: how should "vulnerable" be defined? What should the court/bailiff do about the debt of someone classified as vulnerable? The second issue does not seem to be addressed either by the MOJ or Caggers. It might be best to define "vulnerable" by asking a series of questions, mainly about health. Positive answers should be backed by a doctor's certificate, for which the debtor must be given sufficient time. The overarching question, I would suggest, is would the bailiff's action make the debtor's or other resident's health situation worse. We cannot give single parents carte blanche to run up unrecoverable debts (for example) but we should not allow bailiffs to create deprivation for the children. As others have said, the proper reform would be to scrap the present system all together and create something in proper keeping with the times.(But how can we expect a Government determined to push the nation down to do something uplifting?)
  5. 1. I can see no mention in all this of rules or fees when bailiffs take possession of properties. Does this come under a different set of rules? 2. The fees strike me as inordinately high, especially for High Court cases. They certainly create an incentive to manipulate the system to justify multiple visits and other abuses. 3. Is there any good, logical reason why High Court cases should cost nearly four times those for county courts?
  6. Well, you can't just go on sitting and waiting, that's for sure. I suggest that you go to the Housing Benefit offices and demand to see the head of Dept. Show him/her the documents, and how your claim was closed for no good reason, and insist that it is re-instated. Demand to have in writing an explanation of why you are not getting the HLA you are due. Contact your MP, sending copies of all the documents, including the letter from the Special Payments Team, explain your predicament, and ask him/her to take the matter up with the Minster - that's Duncan Smith whom I believe really does want to improve things (but the Civil Service doesn't). Do the same with your local councillor and ask him to sort HBen out - if your visit hasn't already done so. Also see if you can get your story into the local press. It's very likely you can. All the best, and let us know the results.
  7. Glad to hear from you again, Willie, I was wondering what had happened to you. Yes, your old LL is a bi9t of a nut-case, as I've said before. The judgement has been made and she has not appealed, so if she tries to challenge the judgement in this execution hearing the judge is likely to get very annoyed with her. But the same goes for you if you try to get more added - with the exception of interest until payment. The judge should add that to the sum to be paid from LL's account. In the meantime she is unable to use that account which is probably causing considerable inconvenience. I don't know quite what to advise on going to the hearing. You'll get your travelling costs and loss of earnings up to £50 (plus hotel costs if you have to travel up the night before) but can you afford the time and inconvenience? You should be able to do this by a statement to the court as it is merely a matter of collecting on a judgement debt, but have a word on the 'phone with the court staff first. How's the baby?
  8. Bazooka Boo's final paragraph is correct, BUT he has not read carefully what I said and his paragraph starts with "IF." I am trying to anticipate what NPower might say if they decide to pursue this, and that is that they DID send bills at the correct times because neither Lukeh1983 nor the new occupant notified them of an occupancy change. I can tell you for a certainty that utility companies do sometimes take that position and that the Code allows them to, and then one has to produce some evidence not just of the change of occupancy but of the notification of that change. Lukeh1983 can't say that the bills were not sent because he was not there to receive them. The notification of the move is the crux of the problem.
  9. Reading the Code of Practice, it is clear that the thing you really need to do is prove that you "called and gave a forwarding address for a final bill twice which i never received." If they say that you did not and they were writing and billing the old address and the occupant after you never contacted them until "the end of 2008" and since then they have been trying to find you, then you could have a problem. They would say that they billed you at the proper time so the Code doesn't protect you. Problem for both sides is that you probably can't remember the dates on which you called. That is why it is so important to put such things in writing and keep a copy. Npower, however, don't seem to be pursuing that point but are instead nit-picking points after you have shown them plenty of evidence that you moved. But I am currently helping a friend who has also had trouble with Npower's appalling "customer services." Npower, N-RAM, N-asty! best keep out of their clutches.
  10. Hi Willie, Your silence is deafening. Did you make the application in court for the third party order to freeze LL's bank account? I thought previously that she would have warning, but that's not the case, so she'll get a shock. If she is in overdraft, you won't get the money, but the account will still be frozen. It will allow money in but not out.
  11. Don't forget to make the point that another three months delay after the Appeal Hearing has made the problems and the stress even worse. I don't know how you managed without all of those benefits, but it must have caused you all sorts of problems and embarrassments, so make sure you give them the details. If you have incurred interest on loans or charges for missed payments, make sure they are included too. All the best with it.
  12. Unless you have Chinese nationality or expect to die soon, you cannot be certain of remaining in China for your lifetime. As you have a Letting Agent it would be appropriate for him to act as your address for service and forward things. If he refuses, get another agent. He's getting fees from you so this small task should occasion no extra cost. Yes, you could go to the Office of Judicial Complaints, explaining that the distance and refusal of telephone conference facilities make it impossible for you to deal with. The court decision is not even one you can appeal, but you could make an application to strike out. That depends on what evidence of debt the claimant has. If it is flimsy then, he would have to prove to the court that there was some matter that should be tried. You really need a solicitor for this and I believe that his/her costs would be chargeable against the claimant. Actually, if you are going to be a landlord with properties in UK but resident in China, then you ought to be a member of an organisation such as NLA or RLA because they will advise and assist you in such matters as this. My suggestions here are a number of alternatives for you to consider. Best advice ring the NLA first and discuss, though the time difference will make even that difficult, maybe try emailing first.
  13. These CC judges are mostly failed solicitors with big egos and little understanding. Well, at least it was set aside. Do you have any property or car insurance etc. that includes legal cover? If so they will take it up for you. RAC insurance, for instance, covers more than motor events. I take it that you were home for a short period for this hearing? Do you not have friend or family whose address you can use for service? They could then email you the documents. You could email back any responses from you which could be printed off and filed at court. In this electronic world China is not far off, despite ignorant CC judges. All the best; keep us posted If you could persuade a judge to transfer this from Small Claims to Fast Track, you could use a solicitor and be awarded costs. http://www.lawpack.co.uk/business/money-and-tax/articles/article970.asp"][edit]
  14. Willie, I was talking to a court bailiff the other day and he agreed that it was difficult to seize goods against a debt when they are refused entry, but he pointed out that if the debtor's car is outside they can seize that. They have to check that it is registered to that person and not on HP, but that takes a few moments. Probably worth going for.
  15. " all the LL has to do is get it protected on the day before it goes to court and job done." Yes, I believe that I was the first person to convince a court that this was the logical outcome of the Act as drafted. Hopefully it will do away with the 3x penalty altogether. It is the only piece of legislation which allows one private person to fine another without showing that they suffered any harm - and it gives the courts no room for the discretion which they so love. No wonder it has been torn to shreds and there have been so many contradictory judgments. Legislation born of prejudice and vote-seeking is never good.
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