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Everything posted by martin2006

  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.
  12. For the N244, should any supporting documentation be filed with the application or is that later in the process, should the application be successful?
  13. Ahhh the notorious delayed default from BC again, almost as common as adding interest to your BC each month In my case against them they had delayed the default by 5 yrs so effectively screwing me for 11 yrs. Sols said they could not do anything about it, rubbish, stuck to your guns, they will not go into a court to defend this despite all their pomp and ceremony. Once you have a hearing date i fully expect that this will be resolved. Look at all the “successes” in the BC forum, most have no ending other than they were won because BC will insist that its hushed with a Tomlin Order, i updated the final outcome before signing any such order to provide a completed thread. Keep going john the end is nigh.
  14. Of course you did Ford, you pointed me in the right direction re the S21 invalidity, i knew tho that both Ell-enn and Mariner have a huge amount of experience in both rental and court procedure. I am and our friend will be eternally grateful
  15. Thankyou for this Mariner, i was hoping that the invalidity of the s21 was goid enough grounds to apply to set aside and it would appear so. Very grateful for the info.
  16. Poor trees! I expect it will be a cut n paste of what i had with your personal information edited in. Take some time to read through it and bullet point anything that might need looking at.
  17. I am hoping Ell-enn and or Mariner can offer some enlightenment if possible.
  18. From what i can glean from the act, even if the s21 were valid, which it appears not be given that the £1500 deposit and advance rent were not placed into a TDS, then any overpayment or advance payment of rent, as in colecting rent every 4 weeks instead of monthly and at £25 a time over the prescribed rent in the AST, then this must also be returned to the tenant. Apolgies Andy if i posted in the wrong section, i thought general legal was correct for this.
  19. Sadly they are a young family and when the LL has turned up and demamded money, so she can stay in the property, she has blindly oaid as he tends to do this around november, she simply panics that she will be kicked out just before xmas and finds it from anywhere she can. She has basically sat back not knowing what to do or how to deal with it until now when it could all be too late for me to help her. Im trying to buy her and her partner some time at least to get some cash together to rent another property from a respectable agency.
  20. I hope for her sake she has bank statements to prove all the payments she made
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