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Michelle Ann

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  1. In all honest, I don't know much about those sort of tenancy's and what the law is regarding serving a section 21. Can I advise this checker from Shelter? http://england.shelter.org.uk/get_advice/downloads_and_tools/eviction_checker If you answer each question matching as close to their situation as possible then it will direct you to the right section of help. It might also be worth calling them. They helped me through each step of my 'experience' and boy was it an experience. Sorry, I can't be more help than that, but as you can imagine, I don't want to give you incorrect information. Good luck though. I managed to force mine right through the courts and lumped all the costs to the landlord for the inconveinance, then sued him for the deposit after he over charged on a few repairs. Bet he wished he hadn't bothered afterwards.
  2. Can I firstly ask what sort of tenancy agreement you have? I've recently had to deal with a Section 21 in my own household and there are several different types of tenancy agreements such as an shorthold assured which may have some baring. Traditionally, no there is no legal period of grace and in some tenancy's the landlord doesn't even need to give reason to serve notice. My ex-landlord told me he was kicking us out because he want to sell up and didn't. I found that out via miscommunication when a letting agent thought I was the landlord not the tenant and called me.
  3. Have suggested this path with much passion. I was so glad he pulled his head out the sand, and in part it was because this thread got started making him realise that things weren't as hopeless as he first thought.
  4. Well, this has had a surprising turn of events. The business owner actually knows a certified bailiff and asked his opinion. Basically, for reasons I don't fully understand, the bailiff was able to stop Davey and Davey acting as he found several points where they had illegally acted and managed to arrange for the business owner to get to court and put a stop to any action pending further investigation and get the ball rolling properly on making HMRC find this missing money. The certified Bailiff stated that the WPO had been illegally obtained and was not correct, the company was not registered to act as a bailiff, even on the phone to the certified bailiff Davey and Davey told him they were a bailiff company and a whole other load of breaches. So, er, interesting. But the upshot is, all action has temporarily ceased.
  5. Right, I've got a copy of the letter, I took a pic of it with my Tab. I'v removed the address details of the business owner. [ATTACH=CONFIG]38267[/ATTACH]
  6. Yeah, I got as far as they didn't need the court order, but I couldn't find clear and definitive advice about the status of who could take the goods. The letter is written and signed by a N.P. Davey there are some letters after his name as well, either PNAVA or INAVA but his signature obscures the first letter.
  7. I've got a copy of the letter sent to the business owner, and it doesn't have a bailiff registration number on it at all. They are a autioneer company in Poole, which also is a little odd, why would they use a company so far away?
  8. Okay, renegadeimp, brilliant. But what about the clause stating that 50% of the debt will be added if he refuses to hand the van over? I suppose it couldn't be applied due to the company not actually being a bailiff.
  9. So then the business owner should not hand over his van under any circumstances? The outstanding about is VAT.
  10. Caled started my thread on my behalf which is on behalf of the owner of the business my partner works for. So here is the fully situation and if anyone can help I would be grateful. The situation as it stands is that HMRC are demanding payment for £30K of unpaid VAT, however, £20K has been paid. HMRC claim to have lost this payment, but the owner has copies of bank statements proving it was paid. The debt goes back two years and there has been a fight for some time over the £20K as the owner refused to pay any more until they found the initial payment, which I honestly didn't think was unreasonable. In July this year, he received a letter from Davey and Davey saying they would be visiting and when they did, they listed the works only van and the owner signed a WPO at the bottom it also states that if the van is not available to be taken they will add 50% of the outstanding amount. Davey and Davey are claiming for the whole £30K as HMRC refuses to look for the £20k payment and lower the debt. The van is owned by the company on the bases it is insured by the company and not individually however, it is a work tool and if he loses it he loses the ability to carry out the work that is done offsite. Now, I've been looking, HMRC can recover debts without a court order but what I am unclear of is whether or not they can use a company that is not registered as a bailiff to do so. There seems to be a massive conflict of information. For one, how do we even know that this company has permission to do this? The owner of the business only has the word of Davey and Davey, who of course wants to collect on the debt. Admittedly, the owner of the business has gone, buried his head in the sand and not dealt with this leaving it to the last minute having known since july that this was happening. Davey and Davey are coming at 10am tomorrow morning to collect the van. For the moment, I've told him to lock the door and not to let anyone onto the premises least he find himself without a van, computers, the printers and cutters (it's a design, printing and sign wiriting company). So if anyone can help, then I would be grateful. As I say, my partner works for this company and not only that, the owner did us a huge personal favour that stopped us from becoming homeless earlier in the year. I don't want to see this happen over HMRC thinking they can just ignore requests to find payments that are the difference between shutting down and staying open.
  11. So after making an idiot mistake, I've got a PCN with incorrect Location on the ticket. The tickets state I am parked in Charlecote Road, but I am actually parked in Warwick Gardens, indeed there own photos of the location show the end of the road and the beginning of mine - so do I have grounds to contest?
  12. Which would constitute a legal ground to remove them. However, the OP cannot forcibly remove the tenant, it has to go to a court first. Hence I would suggest she get advice on which steps she has to use to remove the tenant.
  13. No worries I'm in a similar situation. Knew my landlord was going to pull the rug from under us. If things get sticky or confusing I'd advise speaking to Shelter. They are very helpful with these matters.
  14. Do not do anything until you physically get a Section 21 Notice. Verbal notification is not good enough. This is from the Shelter website:- Suffice to say that if they have notified you today, then I believe the notice now must start on the 6th May ending in July. Otherwise you have not received the full sat notice period. (I'm dealing with a similar situation, and have to wait for the court to issue an eviction notice as we have to go on the council register and they will not move until the court evict us. A Section 21 is not an eviction notice, it is a request to leave)
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