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About Gemma.

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  1. A section 21 Notice is seen as a 'no blame' eviction. The council are ignoring that, you have no choice, you must leave and be re-homed. They will always say stay till the bailiffs come but that will mean you DO get a ccj against you for the costs of the eviction. Rent has nothing to do with this. It is mandatory that the court give the landlord possession.
  2. I would go back to the road and see how it was signposted? With your history it seems unlikely that you would ignore a sign? There may be a way in there? Was it a built up area, street lamps etc would you have expected it to be 40mph or 30mph? Were you driving unsafely at that speed, were there roadworks, bad weather, good visibility etc etc Pull the case to pieces and look at every aspect, was it fair, were there signs, was it a fixed camera etc
  3. I know this thread is old but it is stickied. There are new rules coming in force in April 2015. http://www.justice.gov.uk/courts/procedure-rules/civil PD27 The Small Claims Track and PD46 Costs - Special cases Litigants in person costs A small amendment is made to (1) hourly rate that litigants in person conducting their own case may claim for legal work; and (2) the amount a party or witness may be paid for attending a small claim hearing. The first amount is increased from £18 to £19 per hour and the second from £90 to £95 per day. The increase is based on
  4. I know this is an old thread but is there any update on the POA for residential/home mortgages? Is it something we should try and revoke somehow or are there any newer cases or law etc? (Apologise if there is a newer thread somewhere, my head is spinning with links and info right now)
  5. I agree with Keates. LPA receivers can be a nightmare. They were appointed to a colleagues company, the alleged debt was £500,000. they sold the property that had previously been valued at several million and guess what? The poor guy now owes more than the original debt but has no property and so no income! Solicitors just quote the LPA Act 1925, they are not willing to take on theses cases, and to be fair the few that I have approached about this couldn't understand what the problem was!
  6. I think that because you are a Litigant in person and not legally trained you might be best to start right now and use everything you can. Be clear and answer every point of their case. I find that often things begin to form a much clearer picture once a draft is written. It can then be re-written and honed and improved.
  7. You have a very complicated situation here. Why would the receiver recommend that they evict the tenant? No rent? But with the lender in possession suddenly they are in effect the landlord and would need to carry out all the duties of a landlord. It is strange that the receiver has chosen to give possession over to a lender, perhaps just a sneaky way for the lender to get possession without a court order? BTL mortgages usually have a receiver go in take rent and sell, or take rent till the agreed debt is paid then hand the property back to the borrower. You need to ask a lot more questi
  8. You are right! See, now this is why it is so important to check everything, I am sorry, I was looking at https://www.movewithus.co.uk/
  9. Hiyas, I wanted to comment on a few bits of your posts. That sounds a bit strange as it means that when the LPA receiver were in control they have mismanaged the property, or failed in their duty of care by not taking rent and so on, but it would be difficult to prove without evidence and doesn't really help except in the bigger picture. If the lender is planning to sell it and the LPA receiver has handed it back and had their appointment terminated then surely the lender is now mortgagee in possession? That is a whole different kettle of fish/worms/etc! That places a duty of
  10. Dear HollyHocks, Sorry if all the questions have been a bit overwhelming. It is so hard to give correct advice as each case is different and although some generalities apply to all we just wanted to know a bit more. Really sorry if this made things worse. I did a quick google of 'Move with us' and found out that they don't seem to be LPA Receivers at all, but agents as you say. No-one should be able to 'do the dirt' on you, they could be sued, but it may all be hearsay. Anyway good luck and hope the stress lowers soon.
  11. Who is the LPA Receiver? You keep saying agent? In theory the LPA receiver is YOUR agent! or is there a letting agent involved too?
  12. Thanks for replying, have sent the letter, it is the same company, the original company, Bank of Scotland. I actually spoke to them less than a hour earlier and explained that there was no debt, they listened and said they would write to me then bang, another call less than a hour later with no record of my earlier conversation. However I have had no more calls yet today so fingers crossed.
  13. But in practice they do just shut down bank accounts without notice so best have a backup plan and account. A friend of mine had his personal account and business accounts closed down and the first he knew was a bounced DD letter from a credit card. But it's the start of another long slog through FO and FCA etc and court to get any redress, meanwhile the bank accounts are closed.
  14. I think I would ring the FO and explain the current situation, they may see it as harassment, at the very least it sounds like negligence (not collecting the rent) but it all depends on the details. From my experience you will not be given a choice about any sale, they will sell it if that's what they choose to do, but there are rules governing the sale. For instance they have a duty to get the best market price, but that rarely happens in reality. You don't mention what the arrears are or why the LPA got appointed in the first place, is that part of the FO complaint, and what is the court
  15. You could try researching the details, I have some funny tax codes for some of my employees, but they are real and sent to me by hmrc, google them? Also I recently found out about A 'Notice to Prove'? Form N268, Don't know if that might help here?
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