ConfusedAP
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Thanks. I have no idea as I've not had sight of the court papers, this is just what I was told over the phone. I will advise when I get them. Could you confirm if I can make the equivalent of a Statatory declaration? As I had no knowledge of this until 3pm the day before with no chance of getting back. Also can I put in a complaint about the judges decision, it's evident that he has not followed the guidelines?
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No, I don't. Money order was for £3700 So I know that IF my counter claim for 3439 was awarded ( and it's a big if) then that would allow me to clear the arears. Though I'm not holding my breath, the solicitor said that the fact that he's blatantly stated he didn't need to secure it (evidence via text) and that he is a professional Landlord should see him get the full x3 fine. Is it a criminal offence to not secure the deposit? What does worry me is that I can not get out of the house in the two weeks allowed. I would like advise on this is you have the time. Also can I complain about the judges decision? He has not followed (apparently) the guidelines for someone stating they have not had access to the court papers . However I do appreciate that these Judges can be a law into themselves.
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Thank you for getting back to me. This is now a fight around avoiding bankruptcy, however with the size of the money order and the inaccuraciy of the amount there is no other option. The LL says he wants to move back in (blatantly liying, as he has a massive house but I can't prove he won't) so I won't be able to get it suspended as he's claiming a mandatory reason. Being a realist, and not rude in anyway I promise, is there any point as I won't get a suspension...is the only way to counter claim now going to be by paying £250? I spoke briefly with a Solicitor from a decent firm yesterday evening and he is of the opinion that the LL would be fined the full amount for not securing the deposit and more importantly saying they didn't have to as they have enough money saved up(!?!) One solution would then be to get this awarded and that would then stop the possesion on rent arrears, I just can't counter him saying he wants to move back in. As an aside, I find it incredulous that there is no real weight given by the fact that he has failed to carry out a Gas Safety check for 19 months. All he more or less has to do is say "oops, sorry...I will get it done asap) and that's that. That kind of makes a mockery of it all, reassuringly I was told that criminal procedures would follow if we were to be injured or die due to an appliance failing...even though he's broken the Law none. Thanks again for all your help, it's great to have people just there!
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So quick update by phone. Judge issued possession order with a date of two weeks today and a money order for the full amount. He complete ignored my request for a new hearing and my situation. I'm just in shock at the moment, I'm going to issue a complaint as I feel he has not followed the correct procedures. Unable and unwilling to pay the money order so that will go on my credit file so I am applying for bankruptcy when I get paid as I might as well. Such a real shame as I was willing to work with the LL to pay down the arrears even when I left. I have no assets, not even a car so there's nothing for him to take. What a mess, and how stupid of me to even hope the court would try to help. Live and learn
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