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Found 176 results

  1. My partner has been informed he will receive an eviction notice soon not sure when but to get you to grips with stuff we went to court in November 2018 and got a suspended possession order for 350 a month that's 284 for the mortgage contract and 66 for the extra towards arrears which total to 1455 unfortunately due to errors with the bank and me having to go on maternity leave to due having our second son 3 months ago I've been on less income I've paid what I've been able to £100 last month and £200 on the 2nd may and I'm going to be paying £300 today as I cant pay the full arrears of to stop eviction I have a 4yrs old and a 3 month old that are settled in the home do you think the judge will suspend again please as I'm back at work I've been working for McDonalds now for 5years and have a secure job and work full time my total earnings are more than my outgoings spoke to Halifax on Thursday to make an arrangement and they said the couldn't because it had already gone back to the solicitor I did and income and expenditure and they even said I have a access of a couple of hundred pounds even giving Halifax the current 350 I pay payments will not be missed in the future as I'm now back earning just didnt want to lose my home with my 2 children I'm also gonna offer £400 a month if it goes to court to pay the arrears quicker what do you think are chance is I have been reading post about evictions on the forums and have a rough idea what may happen just wanted some advice Halifax have said they cant Come to and arrangement before it goes to court as it may affect the judges decision surely coming to an arrangemt now will stop all the extra court cost we just think they're trying to get us out and fixing it up I've always kept them up to date with info since I even phoned them earlier than arranged before to sort out this they still took it to the solicitors again just didnt want to lose my home which I work so hard for to keep a foot over my children's heads would be great if you could get back to me I've been on maternity leave as I've had a baby who is 3 month old the arrears total £1455 we have paid them £100 pound in April and £200 In may im looking to pay a further £300 pound today when I've finished work due to being on maternity leave my income as been substantially lower im now back at work full time I have tried to stay in contact with Halifax to sort out arrangements but couldnt due to my income being lower than my outgoings i've phoned them up Tuesday just gone and gave them my income and expenditure update they said I would be able to pay my contractual mortgage of £284.15 plus a few hundred extra I offered to make and arrangement on the phone they put me through to the eviction team they took it back to solicitors the day before said we have to wait for an eviction notice to come through as if they make an arrangement now it will impose the judges decision surely to God they could stop the hassle but oh well I suppose they have to go through procedures but that didnt stop me from worry though I'm looking to get the arrears down to £1000 before it goes to court I've also changed banks too has I've had problems with my bank with payments not being processed and what not like I said I'm now back at work full time so going to have a regular income coming in in have 2 children aged 4 and 3 months I'm just panicking as dont want to lose hour family home as my 4 yr old starts school in September and he is settled at home and so is my 3month old do you think the judge will suspend again I've been informed we have received letter from the solicitor not sure which one yet it says we must pay 1455 in 7 days or they will go for repossession do u think if I rang the solicitor they will stop repo if I offer them 300 today and 400 each month
  2. Hi, I am extremely worried about the possible eviction. I have mortgage with Birmingham Midshires. I live in the property with my mother who is 68, wife and four children age from 1 to 6. Back in 2009 I had mortgage arrears for which court granted the suspended repossession order on the terms that I pay £100 towards the arrears every month. which I did. After some time the lender capitalized the arrears. After few years i got in arrears again but situation got worse because how the payment team at lender dealt with my account. I made complaint on 2 occasions. My complaint was resolved by awarding me the payment of £100 on one occasion and another time £250. February last year I was in arrears, I contacted the lender but ended up in dispute on the way my account was being handled. I complaint to financial ombudsman. They contacted me and lender few time. Until today i don't know the outcome. Now i have received a letter from court for hearing on 23rd Jan. The lender has applied to the court for the decision on to "The Claimant respectfully requests that the court make the following Order" "The Claimant permission to apply for a Warrant of Possession pursuant to CPR 83.2(3)(a) and that permission shall remain valid for 6 years from the date permission is granted". The arrears are around £13k. I am in a position to make ongoing monthly payment as well as substantial amount towards arrears. Can you please advise what the lender is asking the court? Are they asking for eviction warrant? I am very worried because if the y get the eviction order on the hearing on 23rd i have no where to take my children to. Please help how can I defend this as well as is this hearing for eviction? If so, how soon this can happen? Have i lost all now? Thanks.
  3. I am desperately in need of some advice please. Several years ago Acenden got a suspended possession order . I successfully paid the arrears and they were clear until last year when my world started crumbling down. On 30 October I got home to a letter from their solicitors telling me the order was being reinstated due to arrears of £2600 approx. This is just over 4 months worth of payments. I called and was told unless arrears cleared in full there was nothing that could be done . In desperation I spoke to a family member and they loaned me 2000 and I had just over 300. After lots of negotiation Acenden agreed to accept the payment and stop the eviction proceedings. I received letters of confirmation of this from both Acenden and their solicitors all dated 31 October. On Friday I got home to a hand delivered letter dated 1st November informing me the eviction would take place on 21 November at 11am and yesterday the same letters arrived by post and these are postmarked 9 November. I am so scared can they evict us even with all the written confirmation I have. Also my mum bless her has offered to give me the rest of the money to clear the arrears but I don't want to take it if they can still evict me as there are also charges on the account of nearly £3000. I plan to call the solicitors and the courts in the morning but not sure what to say. Any advice please would be greatfully received
  4. I'm currently living in a flat that I have occupied on the same level of rent for 14 years. The building my flat is in has been recently sold, with that information and a new Gas safety certificate being passed to me by the Letting Agent. The Letting agency confirmed by email that the building had new owners and that the new owners would like to offer me a new tenancy at a higher rent rate, some £75 dearer. Which is unaffordable and massively greater than the current rate of rent of 2 bedroom flats and houses in my area. There are currently 4 repairs that require doing to the building and flat, namely the front door is insecure, the fire alarm system has no power, one of the radiators leaks in my box room amd the boiler has a persistent and intermittent leak that hasn't been traced yet after 3 attempts. My previous landlords were aware of all these repairs, which I had reminded them of before leaving to work away from home in July. I have no evidence that the new landlord is aware of these and I have grounds to suspect the Landlords have been less than honest with the Letting Agency. Anyway. My response to this email was that I would await a formal notice but believed that the new rent was excessive. The response was a hand delivered Section 21.4(a) with a letter attached citing rent arrears as ground to evict. My feeling is that I am being evicted in response because I have made clear that I find the unofficially suggested new rent excessive. Thoughts ?
  5. Hi everyone, My case is turning quite complex and I would appreciate any support anyone has for me. I will try and lay everything out as clearly as possible... 1) Viewed a property on the 21st of October, and noticed some issues with the property (cracks on the outside walls), we asked the estate agent who said it was just “common shrinkage”. As the current tenants were in with furniture / laundry around we didn’t see the full extent of this. 2) The following week we decided to make an offer on the property, and stated that “this offer is contingent on the following: …”. Our contingencies included: a professional clean, painting over some obvious large internal cracks, resealing mould in bathroom and cleaning the garden. The landlord confirmed in writing to do the contingencies before our move in date. We also asked for an inventory, and received a list of items, before going ahead with putting in our deposit etc. 3) Upon moving out of my rented flat and into the property 6 weeks later (25th of November), we discovered that 1) no work that our offer was contingent on had been completed and 2) Two 12L dehumidifiers had been placed into the bedrooms (RRP: £139.99), alongside 9x mould absorbency gels dotted around the flat, indicating that there was a mould / damp problem in the flat (neither the dehumidifiers or gels were in the flat advertisement, nor were they present when viewing). 4) I have severe Asthma and a mould allergy, and my boyfriend has also been to hospital with a mould allergy in the past, so obviously had we known there was an issue we would not have made any offer on the flat. 5) We immediately got in touch with the estate agent in writing, who stated the dehumidifiers were there upon viewing (not the case). The dehumidifiers were also not included in the inventory we received (although that included kettle/toaster and other small appliances). Irrespective of that none of the work the landlord said they would do was done. In addition, I immediately begun suffering from my allergies in the flat due to mould / damp (asthma, hives etc). 6) Once we were in the flat without the previous tenants’ belongings, we began to see many more issues in there that were concealed by the previous tenants furniture and items on walls (e.g. cracks in internal walls that were concealed) as well as many probable hazards with the flat (e.g. excessive cold, windows not shutting properly, suspected subsidence and suspected penetrative damp / mould). 7) We got in contact with the estate agent the evening we moved in. The estate agent denied all of the above and stated that the dehumidifiers were there upon viewing (they weren’t). There was some back and forth over the next 24hrs but the consensus from the estate agent and landlord was that nothing was wrong with the flat and that we were not misled. We asked to know what would happen with the flat and the estate agent told us that landlord “believed and understood the property was in a fine state of repair from the outset”. 8) After moving in on the Saturday the 25th Nov, and getting nowhere with the estate agent/landlord we decided for our health (mine especially – I had gone through a full inhaler and multiple antihistamines in the 24 hours I had been there) to leave the flat as we realised we had been sold a lie, it was clear the landlord wasn’t going to do anything and we could not stay due to our health. 9) We moved our belongings into storage at the earliest opportunity (Monday the 28th Nov) and went to stay with family so we didn’t have to live there and struggle health wise. We also received an email from the estate agent that the landlord was going to re-let the property with a different estate agent and that we would get 24h notice before any viewings take place. That email was the last we heard from either the landlord or the estate agent. 10) 5 days later we went back to the property and realised we had been locked out (they had used a lock to which we were not provided a key) so could not gain access to the property even if we did want to remain in the contract. 11) We also realised the landlord had been negligent on a number of other things: Hadn’t given us prescribed information on the deposit, had put the deposit in the wrong scheme (i.e. not the one they put in our AST), we had no gas safety certificate, and there was further misrepresentation (said there was a fridge freezer and chest freezer, there was neither). 12) We tried to contact them and were ignored. Finally, we sent a pre-action protocol letter outlining our claim and restating that we were open to negotiate rescission of the contract and our monies paid back. This was ignored. 13) 14 days later we filed a court claim against the landlord which included all the money we paid and damages (around 7k) and also the fines for them not giving us the proper prescribed information (£6.6k) so our case is currently in the fast track (we found out after this may not be the best thing). 14) The landlord is now defending and counterclaiming (we are waiting for the details of their defence and counterclaim in the post but assuming this is for loss of rent up to the new tenant move in date, irrespective of the illegal eviction). 15) One last point is that the MCOL apparently made a clerical error and accidentally discontinued our claim on the 17th of Jan without telling us, and we spent the last week or so reinstating it. I am now unsure of what our next steps should be so any advice on what you think we should do would be hugely appreciated. Thank you all!
  6. Hi, I don't know if I'm posting this in the right place but I need help. My daughters boyfriend has just received an eviction notice, stating the eviction will take pkace a week on Thursday. I'm currently sketchy on the details but it's all due to problems with housing benefits etc. Hes had a nightmare of a couple f years, he was persuaded to take a 16 hour a week job because he was on DLA and could claim working tax credits, he also kept his housing benefit. He then lost his claim to DLA when he had to change to pip and so lost his working tax credits. He also lost his housing benefit but that was reinstated. Currently he has a total income of £120 per week and is supposed to be paying towards his rent as his housing benefit doesn't cover it all. Now he's buried his head in the sand, my daughter had just phoned me to say that he's being evicted and the eviction notice was delivered on Saturday morning. He has tried to contact the council today to see if there is any way he can stop the eviction and they have said no not unless he pays all of the arrears. I don't know if the amount they are wanting includes all of the costs that will have been added to the debt outstanding. Is there anything at all that can be done to help him keep his home or are we looking at a lost cause?
  7. Hi. I will try to be brief and to the point. I took an assured shorthold tennancy on in a house of multiple occupancy as a cost saving exercise. The landlord told me there was 3 girls living in the house and upon viewing the house it seemed clean and livable. Upon moving in I found out only 1 girl lived there. The next day a new tenant also moved in. Let's just say he was from a diffeent walk of life. His standard of living was well below mine, and he had no social etiquette or co-living skills. Leaving his dirty plates and pans for up to 6 days or more and leaving his dirty washing all over the kitchen floor. I told the landlord and he basically said 'shut up and deal with it and work it out' not in them words but pretty much something like that. The new tenant was using passive aggression and doing odd things as almost mind challenges, anyway I thought this is not my problem and that I did not have to deal with it and told the landlord I would be terminating the contract as a result of this pig of a man who he had placed in after me. The landlord said there was no way I was getting out of the tenancy without a suitable reason (clearly he had not listened - but like all these cowboy traders money is his god). We exchanged emails for a week and in one email I stated something like 'I will be leaving soon, he is not my problem and I am not required to teach him how to co-live with people'. I had not payed my rent which was due 24 hours ago as I was not happy with the house and my plan was to get him to use the bond as months rent and any days left into the month that I would not be there. Saturday at 4pm I get an email to tell me that all locks have been changed amd that 'if you want to recover your chattels then please call during office hours to pay the rent owed and a £100 late payment fine'... This guy is really on a high horse. The email was sent at 10am. At this stage my rent was overdue by one day. The email does not mention anything about the tenant I had to live with, it states that as rent is overdue by 1 day 'property has been siezed and will be removed in 7 days if rent not paid with fine'. I was told by a friend to call the police before breaking in. None of the other tenants were in after repeated knocks (at least they did not answer). I got back to the house and caalled the police, they informed me that the landlord had in fact broken the 1977 Protection from Eviction Act Section 1. And that I had every legal right to break and enter and get my property. The bathroom window was open and I was able to get into the house but had to break down my bedroom door, a PCO turned up 30 mins later and helped me with my belongings into my vehicle (a good van load). After the van was loaded I drove for 2 mins and pulled up and it hit me I was not technically homeless. The law states that if you live in a AST in a HMO a landlord is required to give you 2 months notice, then he can start court proceedings, and after that apply for a bailiff to attend and remove property. This cowboy trader didn't even give me 1 hours notice. There was a note on the window that said 'if you want to regain your chattels (property) you must call during office hours to pay rent owed and fine. (I mean who even uses the word chattles these days). Did he expect me to walk the streets with just a thin coat and shorts on till Tuesday morning (it was bank holiday and it was also Saturday 5pm). I managed after 2 hours to find place to stay, I was at this point very hungry and fatigued. I have since been staying on sofas, my belongings are all over place stored and I am starting to get painful back and so on. As well as the emotional distress and so on! I am a tough shell and won't even admit to myself when times are bad but my plan is to take this sucker down. I have been to Citizen Advice who were pretty useless, a housing association who were pretty useless, local council who were pretty useless... The only luck I am having is with a solicitor who I am seeing this week, who see to think I have a strong case. The charity Shelter were useful, they gave me a lot of sound advice on the steps to take, such as sending a 'letter before action', seeking out solicitors or no win no fee, local council / organization numbers (of which none worked). I have done a lot of resarch and know quite a lot, such as this rouge landlord is liable to be paying between £100 to £300 a day for every day I am technically homeless or out of the house I was evicted from, plus all sorts of other compensation costs like misuse of bond (not putting it into a deposit protection service (bond and upto 1 to 3 times bond back) plus aggrevated damages. I am seeing solicitors this week who will hopefully take my case on. Because with my paper tenancy agreement and the email sent 32 days later, these two documents are proof that he has broken the law and illegally evicted me. What are people's thoughts here? I am still sleeping around at friends, my work / life mix is strained and my relationship with my girl is also tough as we can't spend time together as much! Please let me know your thoughts.
  8. Hello This is my first post here so I've tried not to witter on, but it's complicated. The situation is that I was evicted from my home last year when I couldn’t remortgage it after the interest-only mortgage expired. The circumstances don’t matter, I have no quarrel with that. My query relates to what came after. I had managed to dispose of a lot of stuff I didn’t want, but there was still a lot of stuff I did want, left in the property. I’m past retirement age, live alone, and am severely disabled: I cannot legally walk, I have severe spinal problems and a max award of DLA. Acenden have known this since the beginning of the proceedings. They refused me entry back into the house to deal with my property, despite my undertaking to comply with whatever conditions they imposed. They arranged for all my stuff to be packed up and moved into storage, and I’ve paid all the moving fees and a year’s storage costs. Because of my disabilities I was completely unable to inspect my property while it was in storage; even getting to the chosen storage facility was beyond me unless I had substantial help which wasn’t available. When I eventually unpacked everything in my new home, which has taken me the four months since I moved in, I’ve seen that the packaging was very poor, no attempt was made to protect any of my property, a box that had contained glassware and china was full of smashed and dangerous pieces of glass and porcelain; glazed pictures were simply stuffed into inadequate cardboard boxes, the frames mangled beyond recognition and the glass fronts all smashed. Other of my stuff had been so badly damaged as to be made useless and needed replacing (e.g. tumble drier), a long list of other stuff, including a valuable listed edition print and expensive camera kit, has been stolen. I’ve photographed everything that’s been damaged clearly showing the damage, and recording the very poor quality packaging and careless packing. Acenden also suggested to me that they could arrange disposal of stuff I didn’t want before the rest of my stuff was packed up, to which I agreed, provided a list, and their initiative and my agreement and identification of that property are evidenced by email exchanges. They didn’t follow through on the agreement, and I’ve spent removal and a year’s storage costs for their broken promise. Acenden took four months before they even put the house on the market. I have other complaints but my question here, is what is Acenden’s legal liability for the theft of and damage to my property that’s happened while it’s been in their custody. To say that the removers were negligent is an understatement, but I didn’t have a contract with them, Acenden did. I know I need to see a lawyer, but I’m just hoping to get a view here as the first appointment I can get is two weeks away. To say I’m very angry is putting it mildly. I’ve spoken to my insurers – fortunately I have contents insurance that will cover a claim provided I exhaust Acenden’s complaints procedures before I start that claim. Do Acenden have any liability to me for my loss, which amounts to over £10,000 on current replacement values? Thank you for any feedback. Gleneagle
  9. My friend is in rent arrears but is paying them off her housing association has served her with a Notice of Seeking Possession and now she has received a letter to attend court. The letter outlines the amount of rent to be paid weekly and their desired outcome is Eviction. Her current arrears is £1800 but she is paying this off weekly however as she is self-employed there are times when she is unable to pay anything. My friend is very worried about what will happen and wonders whether she is able to make an agreement at court or will it be straight eviction. She does intend to pay off alot of this before the hearing but is still worried. As I have never been through this process I cannot advice her. Any advice please ??
  10. They want to Evict me,can you help. Can someone please advise what I can do to stop Elderbridge (company that purchased from Barclays, all Firstplus accounts) evicting me from my house, I have received a letter today from Elderbridge stating that they are instructing their solicitors (Eversheds) to ask the court to set a date for Elderbridge to take possession of my property. What I want to know is if they can do this as the original repossession order was granted to Firstplus who have gone bust (and then taken on by Barclays as they were the bank that set up Firstplus) Last year Barclays sold my outstanding account to Elderbridge, does that mean that they automaticity have the right to use the suspended repossession order to start eviction process? If yes how do I contact the courts to stop this eviction and make payments to this new company Elderbridge. Account Balance £64,809.59 Arrears Balance £64,722.09 how can Firstplus, Barclays have let my arrears get so high and charge me 7.8% intrest, I have asked all of the above to stop charging interest but have all refused.
  11. Complicated story. My neighbour confided in me she just found out she is being evicted at 9am on the 11th Jan 17. She is 69, has long term mental health conditions and her affairs were previously handled by the court of protection for some 20 years. She is a leaseholder (66years remaining) of a flat within a house conversation, it appears from the paperwork I have seen the landlord has been successful in gaining possession and she is now being evicted by way of forfeiture. The original claim for forfeiture in 2014(?), which was withdrawn states for reasons such as no access, not washing windows, putting flowers on the window ledge. There has been ongoing disputes between her and the landlord, ever since as she claims they illegally required the freehold (Some 20 years ago) and she refused to pay a premium of 100k for a new lease, which cost them (the other two leaseholders) £2.5k to get the freehold. Her property in size equates to 40% of the building. This lead to them harassing her, failing to carry out their repairs and reporting that they thought she was dead and the police breaking in. She was sectioned under the mental health act ( a few years back), when she disclosed past incidents. For the past 18 months she hasn't opened mail due to her health and conditions. The mortgage company wasn't initially apart of the claim, but they have adjoined and appear have been granted some relief at some point. She has only realised, a friend insisted she opened up the mail and that when she found last weekend she is being evicted next Wednesday. I know she needs to complete an N244 but what should be included?, I have taken a copy of the guidance. She is not entitled to legal aid, because of the equity in the property and solicitors want up front fees, and/or short notice. Any help would be much appreciated. I have only had 2 hours sleep myself and have to wake up to 4 kids (one who is broken his leg), work, a meeting with my brothers mental health team who have failed him drastically and assist my neighbour, along with my own health issues. So I need to get some sleep, but will check in the morning for any advice on completing the N244 or anything else. I have quite a few of the court papers but need to scan them, which I hope to do tomorrow at some point. Many thanks for reading and I hope we can help her.
  12. Good morning all, My ex and my three school age children are coming to the end of their rental lease on December 1 and want to stay in the property. I provide maintenance and she is on benefits including housing benefits although according to her these have been cut some months ago.(she has been on housing benefit for the last 18 months)...She made an arrangement with the landlords agents to pay a three month 'buffer' when she moved into the property 18 months ago...Unfortunately my income dried up three months ago and the buffer has been used over the those three months and the landlord will not issue a new lease unless we pay the buffer back up to three months. I have just received a job offer starting in January which will clear all of this up and allow us to move forward and smooth out all of the issues. I need to buy some time in the house while this is sorted and so my questions are.... What is the position of my ex and kids staying in the house beyond 1st December bearing in mind that there are no arrears and I have future earnings coming to pay the rent? Can housing benefit be cut just like that? (my relations/communications with the ex are strained to say the least and I can't be sure of what she's telling me) Thanks in advance for any advice you may have for me. GIB
  13. Hi, Please bear with me as I am new to this. Late last year I went to court making an application to suspend an eviction order and make monthly payments to Blemain of the monthly figure plus £80. I kept up to date with the payments until July albeit the last few months were made in several payments at a later date but all were made within the time agreed with them or sooner. I am self employed and money can be erratic. The payment due on 21 July could not be paid I agreed to try and pay in full by 1 August however I could only pay them £100 and promised the balance on 18 August. However, I missed that payment and by 21 August I was nearly two months in arrears of the court order. Of course, throughout September I received letters threatening they may take action knowing full well they had applied for an eviction order on 29 August. On 21 September I called them as another payment was due. I told them I was making a payment of the monthly amount plus £200. The eviction date is next Tuesday I said I would be able to pay the same amount the following Friday and be finally up to date on the court arrears by 21 October. I was told they would only stop the eviction if the court arrears were brought up to date or if I completed an I and E form over the phone and made the payment I promised. I made the payment immediately and called them a few days later to go through the I and E form. I was also going to mention that I may be able to clear the court arrears but before I could mention this I was immediately told I had been totally misinformed and they would only stop the eviction if the full arrears were paid as this was the fourth eviction. I managed to get a good client to bring an order forward and am now in a position to pay the full court arrears of £1,100 tonight and this would mean I have reduced the arrears by £800 since the hearing just under 11 months ago. I also have nearly enough in reserve to pay the payment due in three and a half weeks. I am going to the court tomorrow to apply for another hearing. Is the judge likely to accept I am doing my best or let the eviction proceed? Thanks, Dave
  14. Hi all, In need of some advice / help and lots of reassurance. My mortgage was with GE Money and was transferred to engage credit last year. During last year I suffered an attack and since then have had mental health issues PTSD etc. Subsequently I took redundancy in July 2015. Redundancy maintained payments up until the end of the year, by which time I had applied for ESA and PIP.. I am now in the ESA support group and receiving PIP. All the time I have maintained contact with engage. GE had a suspended possession order as of Dec 2010 and that was maintained and subsequently they added the arrears to the outstanding balance. With engage I have made 2 offers and both were rejected, one as could not afford and the other as not high enough. During this time I have sought advice from CAB and subsequently to that am now in process of arranging an IVA Engage have sent a solicitors letter giving 7 days to bring the account up to date or they would apply for a warrant of eviction. Yesterday from the court I received an order relating to changing the name on the suspended possession order from GE to Engage. This gave me 7 days from service to apply to object to the new order. Today by hand the notice of eviction has been delivered, 6th September. Also I have had a field agent call at the house to arrange a visit, planned for Tuesday. I know main focus needs to be to stop eviction and file N244 which I will do next week, the IVA proposal includes I.E. and includes the mortgage + £64 monthly towards the arrears. This proves I can afford going forward on the benefits I receive. Just need reassurance that we will be able to get the eviction suspended also why are they now sending a field agent round. Also were they right to apply for warrant even though the name change order has only been completed and I an still raise objection. Engage were fully aware I was seeking financial advice and also that I have applied for a hardship grant from a charity, still in progress. Mortgage is in joint names and no children in the property. Any help much appreciated. Thanks
  15. I hope someone can help with a situation that has arisen out of the blue, just a few weeks before completing the sale of my home after battling repossession and eviction for the past 7 years. Despite no contribution to the mortgage, bills, expenses or child support, my ex-husband has engaged a solicitor to apply for a Restriction on Land Registry. The mortgage company have a possession order and have tried to evict my son and I twice this year. The judge allowed us to pursue a normal sale both times. My 3rd hearing is July 11th and now this final twist has occurred, which could sabotage the sale and leave my son and I homeless. Both the LR and mortage is in my name only. Please reply urgently with any advice.
  16. My landlord has submitted a claim and now I have a form for defense. I have been abused by the landlord over 4 years and last year I finally managed to have the council serve a notice for repairs which were done in the worst manner possible. I know the following: 1. I was never given details of my tenancy deposit being protected until now where I have seen them for the first time 4 years on. 2. The name on the claim form for the landlord is the wrong surname 3. The council requires a landlord to have a licence prior to submitting a section 21 and this was not done. 4. The court application for possession was made prior to the end of the fixed term of the assured shorthold which is June 29th and this was submitted on 26th May. 5. The second landlord (as there are two), does not reside at the address stated on the claim form. There are two boxes for two people and the second one is blank. What about issuing a counter claim for breach of contract under the Housing Act and Landlord and Tenant act for failing to carry out repairs once being notified in reasonable time for a period for 4 years? When would one submit this claim as a counter or is that done as an entirely separate matter in the courts? Shall post in 2 seconds.. uploading now here are the claim form pages Will make into a PDF. two secs Ok attached attachment.pdf
  17. My abusive ex-partner asked me to take out a fraudulent mortgage in 2009 if I did I would get £36k, I reported this to the police and he was given an harassment order and told he would be arrested if he contacted me or his children, in 2010 we had a major flood to our home. In 2011 I started to receive mortgage papers from the Halifax Bank saying a new £195k mortgage had been taken out, my solicitor at the time said it couldn't be our house as it was un-mortgageable due to the flood. I got a crime number from the police. I had a restriction with the land registry at the time. This has been our home for 20 years now. I contacted the Halifax Bank who refused to speak to me until 2012 when I spoke to a lady in the fraud department, I filled in a form she sent a letter back, this said due to data protection they couldn't let me know what happens. In 2013 I suddenly got an eviction notice, I went to the court with my daughter who is 22 now, but was told I couldn't enter, my ex-partner said to the judge take the house. I was then taken down by the duty solicitor to be added as a party, my ex-partner never came to another hearing. At a hearing the judge gave me permission to set aside. I showed the judge my restriction etc, the bank were ordered to give all the paperwork which they never did. The next hearing they changed their claim to be subrogated. In 2014 the bank got their claim to be subrogated to the HSBC charge from 1996 of £122,138.46 interest from May 2011 until date of sale. As I said I have had very little help and am disabled and very ill with 5 children only 1 who is 26 years old lives away. I was then promised by a legal aid solicitor that they could sort this mess out, to be truthful money was spent on a court hearing etc and nothing was achieved. In 2015 after being mucked around by this gentleman I contacted the Chancery Division of the High Court after filling in the paperwork I got a stay from a high court judge. He said that if I was too ill through no fault of my own to file my full appeal bundle etc I could have a hearing so this was booked for the 2nd December 2015. In the meantime my ex-partner died of lung cancer on 21st August 2015. In late October I suddenly received an order from this high court judge saying the bank had contacted him and said he had no jurisdiction and it had to go back to Brighton for a circuit judge. This must have happened and was not received until 5th or 6th January 2016 this said no hearing was allowed etc I contacted the court and was told to email into hearings to ask to set aside, so I did just email in March I started to get letters and a man turned up threatening saying he was from the bank, I never open the door and told him I was disabled and that it was a fraudulent mortgage etc he said he would put his card and papers through the door he never did. The bank had told me they were putting legal action on hold and looking into the fraud, this was untrue. I received an eviction notice for 21st March 2016, I filled in an N244 after being told I needed to make an appointment at Brighton Court for them to fill it in (not what happened) I was spoken to so rudely and told to just say suspend the warrant. I got a hearing for Friday 18th March 2016 at this hearing the judge started in a very rude and aggressive way even though I was being sick in the waiting area and the ushers were saying why have you come when you are this ill we will tell the judge. Finally at this hearing the judge ordered me to get all of the necessary paperwork to prove that in 15 years (the term left on the mortgage) it could be paid. I did send in what I could get on the date given 5th April even though I had never even been sent an order. I have requested my file which has been ignored twice, I have made a complaint using the correct forms about the way the court has treated me again no response so now I have a reference from the MOJ. Late on 8th April (when my post comes) I received an order saying unless I got medical evidence a hearing would happen on 11th April 2016. I couldn't attend this as my life saving injections were being delivered, only I can sign for these, it is an all day call and then they need to be put into the fridge. The hearing I had been told would be 30 mins. I was crying and so stressed out I had to go to a doctor, pay £20 she faxed the court and I sent via email copies of this and 3 other medical pieces of evidence which I received a reply to say they were received. Since then I have only received 1 order from the court stating that I have wasted courts time and could have attended on 11th March 2016. Suddenly I received a letter from the bank saying that an eviction was booked for Monday 6th June 2016. I was then told by CLA I could use a reference number to get a solicitor under legal aid, so the housing officer said that they have funding for 4 cases a year and they could take my case on. Once they realise how complex it is they back off, she part filled in an N244 but never said suspend a warrant because we don't have one but said a hearing would be booked for Friday 3rd and she couldn't represent me (she isn't legally trained) but would be there. On Friday morning she contacted and said that there is an eviction on Wednesday 8th June 2016 and that the court staff hadn't realised from the N244 (which she had filled in) that it was urgent. She then said that I need to ask permission from a judge first to apply to suspend the warrant. I can't sleep, am being sick, I really can't cope with this and need help please.
  18. Strictly, speaking this is not a subject that would normally feature on the 'bailiff discussion' section of the forum. However, with the subject matter regularly featuring on the popular TV series; Can't Pay We'll Take it Away' it may well assist some viewers. Anyone watching the TV series would have seen the many instances of a tenant is being evicted. Routinely, the tenants had been advised by their local authorities that in order to gain assistance with emergency housing, that they must remain in the property until the actual eviction. It would seem that this practice must stop. The following is taken from a recent article from the Sheriffs Office: Housing minister, Brandon Lewis has told all local authorities to stop routinely advising tenants to stay put until the enforcement agent arrives before they can be accepted as homeless. Mr Lewis has written to all the chief executives of local councils saying that households should not be put in this position, and clarifying the guidance about homelessness. In his letter he says, “Authorities should not routinely be advising tenants to stay until the bailiffs arrive; there is no barrier to them assisting the tenant before this. By doing this, local authorities miss a valuable opportunity to prevent homelessness.” Mr Lewis writes that the statutory Homelessness Code of Guidance, which local authorities are required by law to have regard to, is clear on this matter and contains guidance on how they should treat homelessness applications where a tenant has received a valid S21 notice. This is what Mr Lewis’s letter highlights about what the guidance states: -Housing authorities should not, in every case, insist upon a court order for possession and that no local authority should adopt a blanket policy in this respect. -If the landlord intends to seek possession and there would be no defence to an application for a possession order, then it is unlikely that it would be reasonable for the applicant to continue to occupy the accommodation. -Unless a local authority has very good reason to depart from the statutory guidance, then they should not be placing households in this position.
  19. Hi everyone, I've searched the forum and can't find anywhere else to put this thread so here it is. My friend moved into a new council property in July last year. Before moving in and sorting out her Housing Benefit she had to take in proof of income, which she did. Everything was fine and they gave her the keys. She received a letter from her landlord today (the local council). They claim that Housing Benefit wrote to her in February asking for further proof of her income (she never received any such letter) and because she has supposedly ignored this letter, her Housing Benefit was stopped two weeks ago. The Council are now demanding payment in full of over £180 to cover the past two weeks, otherwise they will be seeking a court date for eviction. She telephoned the council and spoke to the woman in charge of this and she was very rude and told her she won't accept weekly payments and if the amount isn't cleared in 7 days then she'll be seeking possession of the property. My friend told her that she'll take all the proof of income into the council and the Housing Benefit will be back-dated but the council lady said this isn't good enough and won't be processed in time to avoid court and then eviction. My friend is obviously worried to death now and scared she's going to end up on the streets. She's disabled and living in an adapted property and wouldn't cope with being homeless, frankly. My question is, can the council behave like this or this just a case of a council employee on a power trip and taking a bad day out on my friend? My friend has no history of arrears and has been a model tenant.
  20. Hello I really need some advice. I have been given an eviction date from my mortgage lender as we are in arrears and have failed to keep to an agreement. This eviction is set for the 10th of March, we only received the notice a week and a bit ago. I have filed an N244 application to try and delay the eviction. I just don't know if it will be successful and as this hearing is set for the 8th it would be cutting it very fine. I have written in the N244 that due to my wife's medical condition we desperately need more time to find accommodation. She has an chronic back/spine condition and struggles to do normal day to day things and mobility can be an issue at times. She is also being treated for a heart issue and has to have her liver scanned at the end of March for a separate issue. We have approached the council and have been put on the list for "suitable housing" closer to our grown up Children.They need to help her when I am at work or working away. This all takes time! I have also asked if we can have time to sell the house ourselves but not sure if this will be allowed. Does anyone have experience of these hearing and if this could buy more time? I am totally lost............
  21. Hold onto your hats, this gets quite confusing! ... I have received a section 21 from a rogue London Landlord after complaining to the council for serious disrepair. I signed a tenancy agreement back in 2010 and the Landlord was a different company, but we paid our rent to a letting agent who managed the property. The company I now refer to as my landlord has been in charge of the maintenance of the property since 2011, yet the Agent still collects my rent payments. We have just last 2 weeks received a section 48 - which i have not signed receipt of... The landlords name is a new person I have never had any dealings with, and the "landlord" I have been dealing with for 4 years is now refereed to as an Agent. My agent (also pretty crooked) has told me that they are no longer my agent, but will not provide any proper notice or information on when this has stopped. They just ignore my emails. I have always paid my rent to the Agent, but neither the Landlord nor Agent will provide me details of where I can pay the rent to from now for the remainder of our 2 months notice period. It is clear there is some pretty dodgy stuff going on just to get us out due to our complaint to the council who inspected this week. I have never missed a rent payment in 5 years. Them not wanting me to make the remainding payments makes me think they just want rid and will have stronger case if i miss these last two payments? I am thinking of a counterclaim. Anyone any ideas or cases or examples of who I should be talking to here please? Thanks alot!
  22. Hi, Hope someone can help. I went to court this morning to defend a possession order. It was above section 8 but before the hearing we got it to £300 below section 8. The Judge said he wouldn't accept the £500 figure made 2 hours before the hearing and the landlord claimed he hadn't received a furthered £600 from October even though the Halifax building society gave me proof that it had gone out my account and the Judge saw that. We had the Duty Solicitor who didn't say what we wanted her to say and didn't defend us. Also the Judge did not let us speak so for example the boiler has not worked since June. I and my brother has text him to ask him to fix it. He told the Judge he fixed it in June, he didn't and I had texts from July and August asking him to fix the boiler. Is there any help or any advice that someone can give us. We expect the eviction order in a couple of days Thanks. 5:06pm: Can you believe after I posted before the landlord who swore blind to the Judge that he fixed the boiler in June even though we had proof he hadn't, has now text to ask when can he come and fix the boiler. Lying Sod!
  23. I was recently illegally evicted from my landlord, with immediate effect. He's refusing to give me my deposit back or my unspent rent. Assuming I can prove in the small claims court that I was illegally evicted, can I sue him not only for the above, but also for the distress he caused? Thanks, Jeff
  24. Hi I'm new to this i was served a section 21 in Aug and the end date is today. Since having this notice my landlord entered my property and changed locks I found out an rung police to which they arrived when he was leaving for him to tell them he was told it was unsecured so he acted on it. This was not the case he was told to hand key over an did so . today is the day the section 21 is over and I've not been able to get a removal company to get my things and I'm starting to panic. I have been reading that if I don't leave he is to apply to court for possession order is this true? And if so how do I tell him I'm not leaving as he will be expecting the keys tonight. He's not a very nice person to deal with either . If anyone could help I'd be eternally great full
  25. Hi, I hope this is coherent and someone will be able to help with some advice that I can pass on. Sorry if it gets complicated! my aunt has a mortgage with the infamous Kensington mortgage company, but fell into arrears whilst seriously ill abroad with Breast Cancer and then secondary complication of Tuberculosis, Kensington were aware of her illness. Long story short an Eviction was scheduled. A month before the pending eviction when aunt was informed, she made contact with kensington and sent Income and expenditure form, a proposed repayment plan, and proof that she was indeed ill abroad in hospital (2 medical certificates). This group of documentation was sent on 3 separate occasions, when she called Kensington from her hospital to confirm their receivership, they would ask her to send it again, claiming they didn't receive one of the documents. During this time she made 3 separate payments to pay the arrears of about £3000, clearing half of the arrears. After continuous phone conversations with Kensington, they had finally confirmed that they had received the documents after she complained that she had sent them multiple times and had proof of this, they informed her that they were satisfied with the documents, and proposed repayment plan and would meet with the management team to discuss and come to a decision and inform her of this. Aunt phoned Kensington the day before the eviction and they still hadn't come to a decision, so asked her to call the next day. (Eviction scheduled for 11am) Now on the next day, she called as soon as the call centre opened and finally got through to an adviser around 10am who informed her that they had decided the only way to cancel the scheduled eviction was for her to pay one monthly instalment + the proposed monthly £100 to clear the arrears before 11 from her own UK bank account. (Previous payments whilst she was ill were either from her daughters account, which she informed Kensington of, or paid into Kensington's account through the bank counter). So aunt's bank account has to reactivate her bank account which was dormant due to her being ill out of the country for so long, transfer her funds into that account, and money was paid into Kensington's account at 10:40am. They claim that it reached their account at 20 past 11. Now her son drove to the property around 10:55 and saw that the bailiffs were already there before 11am and front door was open. Kensington released the telephone attendance note from their solicitor to the bailiff, which is timed at 10:45 AM, and says- "He said they are already there and they have looked at the property and there doesn't seem to be any response from anyone inside. He said they have looked inside and borrower may be a hoarder. He said they went to the back of the property and it is filled with rubbish from top to bottom. He said they will go inside and see what happens but said it might be difficult to get inside as he suspects the door may be blocked (due to hoarding) but will let us know what happens" A few notes about the house, it's fitted with curtains curtains at every window, so anything on the inside is not visible from the outside. Property has a garden gate, with back entrance to house (conservatory), Conservatory is used as a storage room so contains multiple boxes and bags, however has floor to ceiling windows so anything inside couldn't be seen from outside. you'd have to be inside the house to see what was inside. Is there anything that can be done with regard to the bailiffs entering the property earlier than 11am, or even breaking open the gate and entering the garden before 11am (i.e. trespassing?) Also in regard to Kensington only deciding to inform my aunt of the payment to cancel the eviction 1 hour before the scheduled eviction, can anything be done about that? Is that an oppressive act? She is planning to apply to the court for a re-entry Sorry if this is in the wrong forum. If anyone has any advice please help, I feel terrible for her as she has been so severely sick and we're trying to assist her as best we can, so would be very grateful for any advice anyone can give.
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