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martin2006 last won the day on April 1 2017

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  1. The hearing was scheduled today and i have to say, justice was most definately not served. At the previous set aside hearing the set aside was granted and the issues for today were to determine if a deposit was paid or not. Despite not being served any paperwork as per the order of 25th jan and despite raising a complaint of the same to the judge, it fell on deaf ears, wasnt even raised as to why the claimant had failed to serve as ordered. The judge was only interested in whether the set aside should be granted or not, even thi it had already been granted last time. The claimant began to shout in court at the defendant but was allowed to do so without any intervention from the judge. The net result was that the previous order was overruled and the original possession order was upheld. My friend the defendant has been given 42 hrs to vacate the property. It was ruled that on the balance of probability that no deposit was paid even tho the claimant admitted in court that there was. The defendants mother gave oral evidence to substantiate that she in fact paid the deposit on the defendants behalf. All in all, a very sad day for british justice.
  2. So, as ordered by the court, the defendant file and served on time by 4pm 1/2/18. The claimant had not filed by 4pm on 8/2/18 but has filed upon checking with the court today, however he has not served a copy on the defendant. What are the options if any, or can the claimant simply not serve on the defendant and get away with it?
  3. At 6(ii) in the WS there is mention if an exchange if correspondence, did you acknowledge the debt in writing at this time? That would kill your SB defence if you did. Acknowledging in writing is as bad as a payment when it comes to the 6 yr rule. So, if your last payment or acknowledgement was 18/5/2011 then its SB If your last payment or acknowledgment was after 19/6/2011 then your SB defence is dead in the water
  4. Its still statute barred whatever they do, they will have to pay to lift the stay and they will only do that if they can prove you made the july payment, if they could they would have done so by now. An N244 to strike out the claim will cost you in court fees that you wont get back so i wouldnt recommend that either
  5. Your Landlord had 30 days in which to give you written notification of the DPS he has used. Without doing so has left him on a little bit of a sticky wicket inasmuch as he is unable to give you a s21 notice to quit unless he returns the deposit to you first. I would not advise making any alterations without LL agreement, you can and bo doubt will be held liable fir any remedial work to put the property back as it was when you moved in.
  6. Set aside hearing was on thursday 25th. LL took no further action re HCEO/CC Bailiffs. The 15 min hearing went ahead. Set Aside was granted Defendant to serve and file full defence by 1/2/18 Claimant to serve and file any further response by 8/2/18 Full hearing to be set for first available date after 9/2/18 DJ ordered that he personally deal with new hearing himself if available on allocated date. A good result so far, round 1 to the defendant.
  7. Exactly how i handled mine johnhn Eventually they will agree to this if you stick to your guns and you must ensure its included in any draft order.
  8. LL hasnt done, or at least no notification of from the court. Set Aside hearing set for 25th Jan
  9. Thanks stu, they are on the rehousing list but having so many little nippers means they are only entitled to minimum 4 bed properties and they are as rare as rocking horse poop. They cannot even bid on anything smaller as the bids get rejected, this means that for them the waiting time is upto 7 yrs in this area, they have been on the list now for around 4 yrs and counting. The council have informed them that until they actually evicted they can do nothing, they must first present themselves as homeless, very daunting with children in tow. It is hoped that we can buy enough time for them to rent privately with a respectable agent so time is the key, the longer the orocess takes the more they can save for deposits/ advance rent etc. Set Aside hearing date set for 25th jan
  10. Ok fair enough, but if he wants them out he has to return any overpaid rent at the point at which they leave. I believe there is a formula to calculate it within the housing act.
  11. Set aside was in on thursday, see how this pans out for them. They were due to leave by 21st but are still there. We are hoping at a bare minimum that it buys them some time to find a new home, for now tho they are staying put. For readers info, the tenants had actually overpaid rent to the tune of £7500 and the LL although he took a £1500 deposit has not protected it in a TDS so the main grounds for the set aside are that the s21 is invalid. My understanding is that he must return the deposit and any overpaid rent prior to issuing a new and valid S21. The other option, if the set aside is successful is to place the deposit in a TDS and allow them to continue to stay until the overpaid rent runs out, or 12.35 months to be exact. The worst case scenario is that the set aside is unsuccessful and they are evicted but even that will take time, hopefully time enough to find them somewhere. This one should get interesting as things move on.
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