legalistic
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Everything posted by legalistic
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Enforcing a CCJ against a Limited company
legalistic replied to Colin973's topic in General Legal Issues
Colin 973, I've only skimmed the posts. If the company is insolvent you can claim unpaid wages from the National Insurance Fund. Take a look at the Insolvency Service's website too. There's plenty of information on it.You might need to do some detective work regarding your former boss. I suggest you try Endole:http://www.endole.co.uk/ -
Curtainsplitter, I've only skimmed the various posts. In your position I would get in touch with The Office of the Independent Adjudicator for Higher Education: http://www.oiahe.org.uk/ Your difficulties have been caused by the university and they might have to compensate you. If the OIAHE agrees to deal with your complaint you can ask the county court to stay the proceedings against you in the meantime. I wouldn't have thought that the university has a liability in law but the Adjudicator might see things differently. It would be a good idea though to look at the university's terms and conditions as regards discontinuing courses.If it turns out that the university has a liability in law you should join them as lawyers call it i.e. make them co-defendants. I hope though that you don't have to do that.
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Vickimcc, you have a right to your LL's details. See s1 Landlord and Tenant Act 1985:http://www.legislation.gov.uk/ukpga/1985/70
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Charging Order / Can I get information from Mortgage Lender?
legalistic replied to joeguitar's topic in General Legal Issues
joeguitar, a charging order can be enforced. You apply to the court for an order for sale of the property. The problem is the court won't normally order an immediate sale if others, especially minors, would have to move out.When you make someone bankrupt there is a trustee-in-bankruptcy, i.e. an insolvency practitioner who is often an accountant. S/he can take a goodly slice of money realized and it has priority. Bankruptcy can be big business for accountants, lawyers and the government itself. But, again, a TIB would need an order for sale and this might not be granted You might be best off first trying to get an order for sale. If you can't get it neither can a TIB. -
Charging Order / Can I get information from Mortgage Lender?
legalistic replied to joeguitar's topic in General Legal Issues
joeguitar, you don't say how much you are owed. From 1 October the minimum owed has to be £5k. It's up from £750.You say you are having difficulty enforcing. Chances are that bankruptcy would be difficult too. You could end up out of pocket. -
consumer34n, if you want to fight both your claim and the counterclaim you could ask someone to appear in court on your behalf. You could write to the court explaining your situation and asking for a named person to put your case. You would need to supply some written material too, arguing your case. Of course if you could afford a lawyer s/he could appear for you without needing the permission of the court.The good news is that, if you lose, by whatever means, your LL would find it extremely difficult to enforce against you in the USA. If you had been in the EU it would have been a different matter entirely.
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Charging Order / Can I get information from Mortgage Lender?
legalistic replied to joeguitar's topic in General Legal Issues
If the error was the court's fault they should correct it without charging a fee under the so-called slip rule. Try a letter or email. -
letsmake a mark, I've only skimmed the posts. On my understanding, since 26 March 2015 landlords need no longer reprotect a deposit. They only need do it once. It's in s215B(1) Housing Act 2004 which was inserted by s32 Deregulation Act 2015. There are other changes e.g. to s21 notices, that come into force later in the year.
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chrisphilip, we've all apparently omitted to say that LL will need a possession order if you don't leave upon receiving a s21 notice. In order to obtain such an order LL will need to bring a claim which the court will issue and send you. A defence form will be sent to you too, which you should fill in. The court can decide whether to make a possession order (under the accelerated procedure) without a hearing. You should try to get a hearing (particularly since it delays things). If you fail at the hearing you can (try to) appeal.
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chrisphilip, have you had an actual section 21 notice? LL is obliged to give you one. If/when you receive one it will be invalid because your notice is not protected (but don't be in a hurry to reveal that fact to LL). See section 215(1) Housing Act 2004. You'll like it. There are plenty of ways of delaying eviction. Carpet Cleaners have given good advice.
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Baconrasher, CPR 19.3 says that all parties seeking a remedy need to be joined as claimants.What is this commission your son gets and who is it from.
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I doubt that the letting agent is entitled to sue. S/he cannot, for instance, bring possession proceedings (Chester Accommodation Agency Ltd v Ababrese 1997 Times, 28 July, CA).Statute law on housing normally always uses the word "landlord" and this has a specific meaning in a given statute.If a successful objection was made on this point the claim could simply be brought again, this time in the landlord's name.There might be something in the contract between the landlord and letting agent enabling the agent to initiate proceedings but such a clause could be void.
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With all due respect RMW I suspect that your mortgage broker is not absolutely brilliant as you say though he might be very nice. I was listening to a, mortgage expert, last night doing a phone-in on LBC Radio. He had all manner of tips and advice for people with complex problems. You say the computer will never say yes. The mortgage expert said that a good mortgage broker will go beyond the computer so to speak. Just because your mortgage broker has been friendly and helpful does not mean that another broker might not have better connections and better answers. Additionally, the s21 matter and obtaining a mortgage are two entirely separate matters in law. You are probably not helping yourself by linking them together, although the circumstances are factually connected.I'm wondering why the LL is in an apparent hurry to sell. What is his position?
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RMW, I suggest you try a mortgage broker to help with mortgage problem. Some of them are really knowledgeable.
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RMW, I have wanted an answer to this question and have tried to find out.I can see nothing in statute, case law or procedure that says how long a s21 notice persists. My guess is that it would be impossible to define given the way in which such a notice may have been written.The nearest thing I found was in CPR 55.15 (4)(a)(b) which says that, if a claim has been filed under the accelerated procedure and there has been no defence filed then, after 3 months, the claim will be stayed.I think the rental and the buying position are two entirely different things. So long as a landlord is happy for someone to stay, even if s/he has served a s21 notice, then that's OK.There is also the question of a possession order and the execution of it. Even if a possession order has been made then, if the tenant remains, and no bailiff has been appointed then, again, nothing happens.
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alanalan, I can't seem to increase the size of this text! Shelter give good advice on housing benefit and DSS. I can't post links yet but you can google Shelter and click on Housing Benefit then Housing Benefit Problems.
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There is a European Small Claims Procedure which can be done online and without a hearing. The last time I looked the limit was 2000 euros.
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Even if the default judgment is not set aside they could appeal on the merits i.e. the facts, law etc of the case.
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