scratchyrat
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Everything posted by scratchyrat
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I've decided the best way to deal with this is to ignore his threats and block him, so that's what I've done. Hopefully I never hear from him again. Thanks to everyone for their advice and support.
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That's good to know as it means he wouldn't turn up and (I think) that means I'd win by default. I've had a brief look into small claims court, it doesn't need a solicitor AFAIK, but it does need the name and address of the person you're claiming against, which he doesn't have. He could pay someone to find me as he's done that before for other people he's wanted to track down. I've actually been considering a restraining order to stop him contacting me but I don't know if his messages meets the criteria, even if it is distressing and unwanted.
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Indeed. I think the only solution he'll accept is me going there in person, which isn't going to happen. He's done this before with my brother, demanded he come get his stuff, then refused to let him in. When I initially moved out he wouldn't let anyone into the house to help me move either. He can be very vindictive and I wouldn't put it past him to pay for a solicitor or small claims court out of spite, even if the money could be better spent just moving the stuff to the skip. The fact it seems he has no basis to do this is reassuring.
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Mainly because I'll travel halfway across the country only to find him still there and looking for a fight. He's abusive and can't be trusted to keep his word. I never want to go back there.
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Thanks for the responses everyone, There certainly wasn't a tenancy agreement, of any kind, in place when I lived there. He will keep bringing it up, and as soon as I've resolved this to my satisfaction, I am blocking him. This will cut off our last avenue of potential contact but I don't see I have much other choice. He's not capable of not being abusive towards me. My worry is that he could pay someone to have it removed then come after me in the small claims court for the money. That said he doesn't know where I live anymore. He's claiming I have to remove it because it's my stuff, the roof needs fixing, and he's disabled now so says he can't get up there. He told me there are over 25 boxes of stuff up there, even I didn't know that, so I guess someone must have been up there to check that.
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Hi, Long story short, I moved out of my Dad's house around 8 years ago. It was the only place I'd lived until then, so I accumulated a bunch of stuff in the attic, as kids and teens do. Since then I went no contact due to verbal/mental abuse from him. That was about 5 years ago. I've since moved away to another part of the country and have not been back. In the summer last year I had an (unpleasant) message saying I had to remove my junk from the attic or they'd be thrown out. I replied and said they could be thrown out. I heard nothing until the other day when another nasty message was sent demanding I remove stuff from the attic myself, because he's in no shape to do it, so I have to. At the end he basically threatened me with taking it further if I didn't come and get my stuff. No mention of throwing it out, I have to come and get it. I don't want to go there personally and get my stuff because it won't go well and this will be used as an excuse to "get" at me. Without going into it, I can't help but think this isn't actually about the stuff, but more about getting me there so a fight can be caused. I'd get someone else to remove the stuff, but I wouldn't put it past him not to let them in and I'd be stuck with the bill. I dont care if it's all thrown out, but obviously I don't want him coming after me legally. What can I do? Can he do anything given I've already granted permission for it to be disposed of and he's refusing to accept any other than me removing it myself.
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They do, it's ridiculous. You are right, I really should call the police. There's no way she doesn't know the law, and even if she didn't, I've asked her not to until I'm blue in the face. She once told me she couldn't give me notice because she doesn't know when she's going to come round. What a load of rubbish. She can serve me a S21 for any reason as I'm not in a fixed tenancy, but if she did that I'd make her go all the way to court to get me out. I'll be giving notice as soon as the new place is ready, I just don't have a set date for that yet.
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Thanks all. It seems calling the police is my only option then. It's not really a road I want to go down though, it seems drastic when all I want is some notice. I thought it was more expensive and a professional job to change a lock. I've found an inexpensive lock on ebay for about £6 that will fit the door., and a quick browse on youtube shows it's quite easy to do myself, so I'll do that if it gets worse. I'd be fine with her having access if I can go sooner, but I'm not sure I trust her not to pull a fast one on me. My tenancy agreement does say I'm not allowed to change the locks or prevent access for new tenant visits in the last 2 months of the tenancy though, and they'll charge me if I refuse. I'm not sure if this would be classed as an unfair term, I think it might. This was my old AST agreement though, I've not seen a different agreement since I went onto a periodic one.
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Thanks. I know she has to give me 24 hours notice, but she isn't, and there doesn't seem to be anything I can do about it. I did consider changing the locks after it started getting worse, but it seems like an unnecessary expense now I'm moving soon. I won't rule it out though should it get worse.
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Hi, Hopefully someone can offer me some advice here, sorry for the long post. I live in Bristol and have a statutory periodic tenancy on a rolling one month basis. I have been here just over a year. My landlady has repeatedly breached the tenancy agreement by coming round and allowing herself and workmen access to my house with no notice whatsoever. My tenancy agreement says she must give 24 hours notice for any visit. I have told the letting agents in writing on several occasions that I am categorically not OK with this and I insist on notice. They have informed me (in writing) that they have asked the landlady to provide me with notice of her visits, but this has happened numerous times since. I live alone and I feel like I've been robbed of my privacy and harassed in my own home. As a result, I have found somewhere else to live, but I cannot move in for a month or so yet, maybe longer. My question is, because she has breached the tenancy agreement, can I serve my one month's notice from any date, citing these breaches, rather than the date of the rental payment (the 21st). When I can move, I want to get out of this house as soon as possible, and I don't need a reference from her for my new flat. I know "fair" doesn't hold always much weight legally, but it doesn't seem right that she can breach the agreement at will and suffer no consequences, but if I breached the terms, I would be served notice and evicted. I would be happy to stay here had I not been subject to this treatment, but now I feel I have no choice if I want a quiet life.
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Farter, I like that I'll give the court a call tomorrow and talk to them. They get away with all the stunts they do because people don't know better or are afraid to seek help. It grinds my gears.
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Thanks dx. How should I handle this? I know they can't legally add anything, but I don't trust these lowlifes and reckon that won't stop them trying it on and hoping it goes unchallenged. Do I write to them and say that I expect any payments to go towards the balance the court has deemed I pay, not unspecified costs? I'd rather avoid the hassle of proving I've paid all I need to pay a few years down the line if they happen to cream some off for their costs. I'm keeping thorough records of all correspondence though.
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What does it have listed here? http://www.consumeractiongroup.co.uk/forum/subscription.php?do=viewsubscription Are there any threads, and do they match up with the emails you're getting?
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Hmm, sorry, this was meant to be a new thread. Unless a mod merged it?
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Hi there, I posted a while ago about getting an N245 in for an old (ramped up) mobile phone debt Bryan Carter were chasing on behalf of Lowell Financial. The court found in my favour and agreed to my payment plan as Bryan Carter did not respond in time. Two weeks after the court sent me a letter informing me of this, Bryan Carter wrote to me and said that they would accept my offer of payment. What has worried me is they also wrote this, quoted word for word. "Payments made may be applied first to offset costs incurred and your balance at Lowell Financial Limited may not therefore reduce exactly in accordance with payments made." This has confused me. What does this actually mean, because to me it sounds like they're going to take the payments I make to pay of unspecified costs (which are not part of the CCJ) first, therefore not reducing my actual debt. Is this right, and can they do this? It doesn't sound very fair as I'd still be left with X amount of debt.
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You are right. Where the confusion for me is coming in is this. The County Court's email said "If you are unable to pay your Judgment you can apply to pay by instalments using the N245 ‘Application for variation of an order’ form. Please read this letter and the enclosed notes thoroughly before sending the application to the court as incorrectly completed applications will be returned to you." It's in the enclosed notes where it mentions a partners income. These notes actually have a few things that seem contradictory. I'm thinking ignore the notes and go with a completed N245 and a cheque sent Signed For delivery.
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Post number 10, allowing me to post the link https://docs.google.com/document/d/1p_1zzvJCTmx4UtfnscXufwRE7cp8VHTl4U6pFk0IY8U/edit?usp=sharing
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Hi Andy, That is the exact form I've filled out. It has sections on financial incomings and outgoings I've completed. My question was should I include proof of my outgoings and income in addition to this? You are right, it doesn't state anywhere on there that I should. However when I called the court to ask for an email copy of the CCJ, they included an N245 form and N245 guidance notes in their email. It's those guidance notes that mention it. I can't find a copy online, but I've shared it on my GDrive for reference. This is a copy of what the County Court Business Centre sent me. I am a little confused right now.
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Thank you CitizenB. The N245 form itself seems to have a financial statement which I have filled out. I'm going to add in a bank statement for the last 2 years or so. I intend to send everything off signed for recorded. I've found a friend who has a cheque book I can borrow from. The N245 advice notes I've now found say I also have to include my partners finance details. Is this true? We're entirely separate in finances and although we live together, are not married, and I don't think my situation should reflect on my partner. Surely they can't expect my partner to be responsible for clearing my debt?
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I called MCOL's helpdesk, apparently I have to send a cheque or postal order. I can't even register with them at the moment.
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Hi there, Sorry if this is dumb question as I'm a champion at overlooking minor details. I've got an old debt that a CCJ has been issued on, and having taken advice from National Debt Line, I'm filling out an N245 form. Unfortunately they close at 1pm, so I can't call them and ask this, and Googling has not brought up many answers. The form mentions "I enclose the fee of ___" but does this mean I have to send them a cheque with the application form? I don't have a cheque book and it's been years since I've even seen one. Is there another way I send the court the money? I've put a breakdown of my financials, but do I need to enclose any proof of this such as a bank statement?
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Apologies, I'm not sure what you mean by this, did you mean I'd be better off using the £155 towards paying the CCJ off? Or something else relating to the unlawful fees? Is it possible to get the court to change the judgement to a fairer figure? I don't blame them, they were only acting on bad information from Bryan Carter. To her, not at all as her credit rating was already low due to this, so she doesn't see any difference, and I suppose she's right. I'm the one who's a bit more concerned as its always been my aim to own a home. We're not married or financially joined (no joint accounts etc), but I'm worried her rating could have an impact on my ability to get a mortgage one day. My credit rating has gone down recently, but I don't think its related. Thank you for your patience, I really appreciate you taking the time to help me out.
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So the arrears are fabricated? I don't know how CCJ's work with regards to repayment, and since we didn't know it was there we've not dealt with it. Not yet, I'm going to call the court after the bank holiday and see if we can get a copy. Indeed, and I think we'd end up back in the same place once they refile at the right address. I'm thinking I'd be better off seeing if they'd settle for £155 instead but I don't know if they'll negotiate now the court is on their side. Not sure what Sar 3 is, but it got to £209 by Lowell tacking on their own fees and admin charges. I also asked them for a breakdown of this, but they never provided that. I don't know how it got to £350 from there. *Edit - Read the SAR 3 link
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If I recall, it would have been the month or sobefore I think, so April/May 2009. I can't say 100% but I do know she stopped using it around that time. Do you think its likely the bailiffs will get involved? We have no plans to let them in if they do. I thought it was them spouting hot air too, they've been doing just that for years, until she showed me the CCJ on her credit file. Indeed, I don't believe for one second that was an accident, they picked it off her credit report I imagine. I wasn't aware of that responsibility, that said ignorance is not a defence I suppose. Hopefully there won't be a next time for me to learn that lesson.
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Hi dx, thanks for the reply. No, nothing from the court or anyone at this address, except for letters from Carter. The Noddle credit report shows her old address, which is how I know it was sent there. I'm gauging it from the overdue bill they previously sent as proof, which says "please pay by 29th May 2009". Not sure if this is correct or not. I have dyscalculia (numeracy dyslexia) so I'm very poor with math/numbers (hence the approximate 6/7 year statement), but she moved out of that address around May 2009.
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