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PONTCANNA

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  1. @Snorkez I started this thread that I obtained a Judgment by default. I have to agree my ex LL has probably applied to set aside judgment in another district court on grounds that he never received the paperwork to defend himself but my point is that the address he supplied on the tenancy was false. Thanks for your input.
  2. @SNORKEZ If you haven't seen it may I suggest you phone the current court and ask for a copy. (A) I've contacted the court that the case is being transferred to and they haven't received the file as yet but they did say once they have the file I can obtain a copy of their application to set aside. Did the landlord defend the claim on paper within 14 days of receiveing the form N1? Was that form sent to the 'address for service of documents' on the tenancy agreement? Would the court have sent the details of the hearing to the same address? (A) The landlord did not defend the claim because the address he supplied on my tenancy agreement as 'address for service' turned out to be a false address therefore the address he supplied was used on my claim and the same address that the court sent details of the hearing.
  3. I will avoid going into detail but can provide the full facts if need be. I have a Judgment by default against my former landlord (defendant) dated March 2011. Judgment was within the jurisdiction and became default as the defendant did not turn up for the hearing because the address I had for him was from my tenancy agreement and turned out to be a false address. I have tried to enforce the judgment but my ex landlord has tried to interfere. He has emailed me that he will make things difficult for myself to enforce the judgment. This week September 2011 I have received a letter that the defendant is applying to set aside the judgment and transfer the case to another district. I believe the address he is using in another district is not his address and a delay tactic. Can anyone guide me what steps or action I need to take. 1) Should I oppose the transfer to another court 2) Should I oppose the jugment to be set aside 3) What forms do I need to complete.
  4. I would very much appreciate if anyone can share their experience or in depth knowledge with Third Party Orders . I am fully converse with how they work in respect to freezing one bank account but I am not converse how it works if I am using it against a third party who owes the defendant money. Here is my situation. I have a CCJ against my LL for £5,046 awarded by Cardiff County Court. Its unlikely my LL is going to pay up. I am looking into a Third Party Order and present that to one of the Letting Agents that is renting two properties within the same dwelling owned by the LL. If I go down this preferred route does the rent collected from the tenants which is likely to be on different dates, have to be with the Letting Agent on the day the order is presented to the LA? or can the LA wait until all rent is collected collectively and then pay me via the order?
  5. UPDATE I filed a claim issued using form N209 under Part 8 of the CPR on 10 December 2010. My landlord had until 30 December 2010 to reply. It was obvious my LL wasnt going to reply has the address he provided in my AST was not an adobe address and was fake. A hearing was held on 3 March 2011 for 15 minutes and the judge awarded me return of my deposit in full £1190, plus penalty of 3xdeposit £3570, plus 8% interest which was set from the date I left the property and which was the date my AST ended, plus court costs. Knowing that my landlord is not going to pay me my next task is to apply to the court for a Third Party Order (TPO) and present this to the letting agent who is collecting rent from two current tenants who live in the same building. I fully understand how a Third Party Order works in respect to freezing the LL bank account. If I was to present TPO to the LA agent DOES the rent they collect from the tenants have to be with the letting agent at the time?
  6. @LOCUTUS Thanks for your input and sharing our food for thought. I was already aware of the the information you shared as I ALWAYS do my research and OTELO had sent me in the post a handy leaflet of the process involved. UPDATE I decided not to accept Post Office offer of £30 is both derisory and open to interpretation as an inducement to go away. This was an offer made by the post office to the ombudsman. In sum, a great deal of time, energy, stress, financial costs making phone calls to their customer service 0845 number, writing letter via recorded delivery and in prosecuting a complaint. Subsequently my broadband provider charged me £15 by fault of Post Office. Post Office Telecom engaged in holding, administrating, processing and sharing my personal data to Roxburghe Debt Collectors without my consent. This was ahead of acknowledging my letter of complaint. Consequently I have received unnecessary calls to my mobile followed by letters threatening litigation and court decree from Roxburghe I will follow with another update once I hear back from OTELO
  7. Will make this very brief. Ordered a land line from Post Office April 2010. Engineer connected service at wrong property in same street. Made numerous calls spread over a week to customer service trying to get an engineer back out to install exchange line and socket at my property but each time every agent insisted the service was up and running. Decided to cancel my order as I felt I was not getting anywhere. Six months later I receive a bill for 6 months line rental. Disputed it and was informed the account closed and to ignore any further bills. As expected I received red reminder but to my surprise I then get a letter from Roxburghe Debt Collecting Agency and a few phone calls from them, followed by a final leer that litigation will commence. OTELO have offered a resolution as follows: £30 goodwill gesture letter of apology account to be closed confirmation that my credit file will not be effected by this matter Is this level of compensation acceptable? Should I contact The Information Commissioners office and report Post Office for sharing my details with Roxburghe without my consent?
  8. the property I'm renting is not via LA. Its direct with the LL. However he does have a few more properties and I know what LA are letting them. 3rd party order was something I was considering if I gained judgment from the court but I was at a sticky end on if I will be granted a hearing if the LL is using an uninhabited address. I'm off to the court later today to pick up a form N208 and will ask if it matters if the LL has supplied an uninhabited address.
  9. Thank you. I was considering this last night. I paid up front 6 months rent in advance so in theory I would have to go into a periodic tenancy for the period of the value of the deposit
  10. Im serving my months notice by recorded delivery to end my tenancy as its now approaching end of the fixed term and requesting the LL to secure my deposit £1,187,50 into a TDP scheme with in 7 days. I intend to ask the bank using Section 35 of Data Protection Act to gain his address from his bank. I will try council tax office but doubt very much I will get anywhere with them.
  11. Thanks MrShed, There are a few letting agents in my area. They have properties on their books from my landlord and they have a different address for him and that also is uninhabited. So my point is where the landlord and tenant act requires an address for the landlord is it acceptable to give different uninhabited addresses
  12. Is it acceptable for my landlord to provide an address for myself (tenant) to serve notice under S48 where by the address supplied is an empty home. What I mean by empty home is nobody lives at the address therefore no one is available to sign for mail sent recorded delivery, and to accept hand delivered notice. Nobody resides at the property. Any advice is welcome
  13. Hello all, this is my first post here. I have found a lot of informative and valuable information in this forum that answers some of my questions but hope to get some clarifaction with some other questions. Firstly I moved into a private rented property that has recently gone through some renovation inteternally and externally, converted into 2 houses and a flat. I live in one of the houses. The rent is £950 pcm, I paid 6 months rent upfront as we verbally agreed 6 month term. I paid a deposit of £1,187.50. All monies was paid by a bankers draft. I wrote a break down for the amount, on the reverse of the bankers draft. The landlord agreed a move in date 24 April 2010 and this would be when the property would be fit and ready to move in. I moved into the property I found all the electric sockets in the kitchen had not been attahced to the wall and hanging loose. The smoke alram in the kitchen has no cover. I've not been handed a gas certificate for the gas boiler. A wine cooler is missing which is meant to be part of the fixtures & fitting within the rent. The rear of the building where we share a garden with our neighbour is still like a building site and scaffolding is still erected. One month into the rent and my landlord presented me with an Assured Shorthold Tenancy agreement. He's decided to inform me that he forgot to mention that the garden is communual and all tenants in the building have to contribute £15 service charge for the upkeep of the garden and cleaning the windows. I am more than capable of cleaning my own windows for the house, secondly the garden doesnt need upkeeping, considering the landlord is only laying down gravel. This in mind I'm refusing to agree a service charge as this should have been mentioned prior as I would not have taken this property. The landlord has written the agreement for a term of 1 year. So far I've not signed the agreement. There is a private car parking space and this is reserved only for our neighbour in the same building. Access is via an electric shutter. I have discovered this shutter is served from my electric fuse box. At this present time the landlord hasnt installed separate electric meters for each property but when that time comes Im going to be fitting the bill for the use of this shutter. Ive also found that both my house and my neighbours house have an external water tap in the communual garden allowing anyone to use my water supply at my cost. I also suspect my landlord hasnt protected my deposit. I've written to all three companies for a written confirmation. If someone moves into a property, with or without a tenancy agreement are they immediatley an AST. I have an AST but due to the service charge implied, the term wich was not agreed to and some of the terms I dont agree with Ive not signed it. My thoughts is should the LL decide not to back down over the Service Charge do I have rights to provide 1 months notice to vacate the property and have any remaing monts of paid rent refunded. Regarding the deposit, if it hasnt been protected I am fully aware of the path I take with the courts. However should the LL not refund my rent, combining the amount of the deposit and rent paid in advance this may reach over £5k so would it be acceptable by the court to treat both separately?
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