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  1. 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.
  2. 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
  3. [ATTACH=CONFIG]52477[/ATTACH] On 23 July 2014 over 300 people came from all over the UK to show solidarity and support for Tom Crawford and his family, and help in the peaceful resistance to the illegal eviction proceedings brought by UK Asset Resolution Limited. The support on the day was so overwhelming that the bailiff decided not to appear with his illegally drafted warrant. At the moment, hundreds of warrants are being issued and served where a court stamp is used (not an official seal) and there is no official endorsing signature. This is fraudulent and illegal. The petition is merely asking the Government to ensure that courts and the judiciary follow the letter of the law and stop committing fraud. THIS ISSUE HAS THE POTENTIAL TO AFFECT EACH AND EVERY ONE OF US, OUR FAMILIES AND FRIENDS. The petition is aiming to gain 1,000,000 signatures, so please share and spread the word. PLEASE SIGN NOW, THANK YOU. http://www.change.org/en-GB/petitions/uk-petition-in-the-name-of-justice-and-fairness-we-the-undersigned-require-her-majesty-s-courts-and-tribunals-service
  4. 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.
  5. 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.
  6. 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.
  7. 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............
  8. 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!
  9. 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!
  10. 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
  11. 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
  12. Hi all once again, have a small problem with an eviction. I am with Amber home loans, have a self build mortgage on another property. Keeping it short I had an accident a few years ago that left me unable to work. In January run out of money and could not pay the mortgage. Struggled to find work again etc as injuries restricted me. Anyway bury head, get repossessed then ring Amber. Told eviction date of July 30th. I owe about 3800, paid them a 1000 up front, told them an interim from my accident was due in a couple of weeks which would clear arrears, they asked for bank statements, proof of work ( I am self employed) proof that the 100 pounds had been paid out of my account (just paid them on my debit card ? ) and then they might be able to do something to stop the eviction. The best bit was that they wanted all this the next day !!!!! What are my options now ? Thank you all
  13. Need pointing in the right direction please. I have an assured short hold tenancy agreement which started 27 February 2015, ends 27 August 2015. On 4 th August my landlord changed the locks to the property and will only let me back in to collect my belongings. I called the Police, they state they can't help it's too much of a grey area. Local Council won't get involved. Shelter pointed me to Local Council, local council pointed me to CAB. Cab stated I should just accept it as no one was going to prosecute the landlord. They did point me to Civil legal helpline, who stated they can't help because I have now secured another property. What are my options ? A little back ground, my landlord did not protect my deposit until late April and offered no explanation as to why. I did not receive the prescribed information until 8th May. On 9th May I received a hand delivered letter stating that the landlord /tenant relationship had broken down and therefore the landlord was evicting me as of 1 st Aug. I replied and stated there were no legal ground for eviction and his letter was not valid. In May I received a further letter advising me that he was evicting me under section 21 of the housing act on Aug 27th. Late July I received a letter asking what it would take for me to leave the property. I replied and stated I wanted the return of my deposit before I would consider leaving. I further stated that I would not hand back the keys to the property until all my belongings were removed and I had confirmation from Royal Mail that my mail redirection was in place. On 4th aug, the deposit was repaid. Later that day I went home and found the locks changed. I emailed the landlord seeking confirmation he had done this and pointed out it was illegal, his response was that the legal owner of property was the person paying the mortgage and my tenancy had ended when my deposit was returned. Everyone who I have spoken agrees the landlord acted illegally by changing the locks, but no one can help and I have been told in no uncertain terms no one is going to do anything about it. What can I do myself ? My belongings are still in the property. He states I can collect them and he is perfectly entitled to remove them 4 weeks after the tenancy ended, but to my understanding, the tenancy has never been legally ended as the only section 21 notice he issued was prior to returning the deposit. Do I have any options ? I wanted him prosecuted for this but no one is prepared to help, bit pointless having a law thats states it is an offence to illegally evict someone if no one is going to uphold that law. Any advise regarding what I can do would be greatly appreciated. I don't have the money to hire someone to remove my belongings or for solicitors, but if it is possible to issue a court claim myself then I am not afraid to do so. What would I claim for ? and which claim form ? Sorry for the long convoluted post but wanted to give as much background as possible. Oh, one final things, he has today emailed me stating that my continued emails to him are bordering on "harassment" and he will forward a complaint to the Police. He further states I am not to contact him again unless it is to confirm I will collect my belongings or through the Courts. Happy to do so through the Courts, but where do I start ? Any advice please
  14. hi, i rent a room in one town (near my works and children) and my partner (not the mother of my children) rents a house in the next town, she is signed off sick and has a daughter. i cant move in to her home as she is being evicted as landlord is selling up, section 21 ends in september and her local council are not helping much they just say she will have to rent another private which isnt easy since she isnt working and on sick benefits due to ongoing heart issues for which she is having open heart surgery for very soon. i work full time but cant have her and her daughter live with me as i rent a room in a house to keep costs down so i can pay for my children and not go via csa. i have already registered for housing with local council in my town but of course can only apply for a 1 bed place due to it being just me. i have now filled in a change of circumstances form and added my partner as we were thinking of moving in together in the new year (have been with each other for several years so not a rushed thing) with all that is happening her end i dont know what to do as she is going to need me with her full time during and after surgery. have i done the correct thing adding her via the change of circumstances form with my local council? as i hope they will help us get a place together and soon due to her condition . we did not want to move in under these circumstances but i need to be there for her full time. since we are both living in different towns i am just wondering what the best thing to do or push for. a very odd situation and any pointers would be great as i am worried about her condition and the stress of all this being evicted is having on her but also wanting to get help with a council home not private rent as i cant afford to keep both of us on private rent rates. thanks.
  15. 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.
  16. Could you please help me I have a suspended repossession order from May 2013. I defaulted on my mortgage repayments of £600/month in April and paid £1200 in May and have paid £600 on 30th June and am currently paid up to date. C&G have applied for an eviction date. I've told them that I am up to date with the arrangement we have in place ie £557.93 mortgage plus £42.07/month to pay off the arrears. Nontheless have insisted on going to court to get an eviction date.C&G (Evictions Dept.) say they wont speak to me until they get an eviction dat e this information is from the agent I spoke to when I paid my monthly installment of £600 on 30th June. I had a letter from the County Court today saying: Quote:Before Judge xxxxx County Court xxxxxxxx Upon reading Claimants Application and supporting witness statement It is ordered that: 1.The Claimant has permission to enforce the order for possession made in these proceedings on 27th June 2007 by issue of warrant of possession. 2. There be no order of costs The letter is dated 3 July 2014. I have no eviction date as I intend to go back to court to apply to have the warrant suspended. Can anyone advise me please.
  17. Hi I have an eviction date for 2nd Sept, I had previous eviction suspended to repay my mortgage plus extra to pay off my mortgage and arrears within the term of the mortgage (Norgren). Fell behind because of period out of work. Am now back in employment and I have brought my mortgage up to date by paying 3 months mortgage as per previous arrangement yesterday Fri 21st. I now need to submit an application N244. I would be grateful if anyone could help me to fill the N244 form in. I realise this form will have to be submitted on Monday as time is running out. I have spoken to the banks solicitors and they think maybe the Bank will withdraw the eviction. I just don't trust the Bank and want to apply for the eviction to be suspended. Kindest Regards
  18. Please could someone advise me if at this late stage there is still sufficient time to submit an N244 to try and prevent a repossession that is scheduled for Monday 9th June at 10.15pm. The earliest I could get to the court would be Monday morning which I'm assuming wouldn't give them sufficient time to schedule a hearing. I've tried to negotiate with Kensington (they're enforcing a suspended possession order) but they've told me that the affordability isn't the issue, they just don't think I'll keep to any new arrangement. Thanks
  19. Hello, I hope someone here can help me. After having fought eviction successfully 4 times we have again fallen behind with 2 payments on our suspended repossession order, this time due to urgent works (collapsed drain) that had to be carried out whether we wanted or not as it was backing up into the house.We can prove that with paid invoice. Long story cut short we want to put an end to this vicious cycle and sell the house ourselves, having had estate agents here over the weekend confirming that the house is worth more than we owe. And they think it should sell quickly because apparently there is a shortage of houses of this size in our area. We have the money to bring the arrears up to date prior to the eviction BUT that's all we have - I worry that if we pay it and the Judge does not allow us to sell ourselves we have no money left to find a place to stay, as there are 4 children aged 10-16 in the property that is a very worrying scenario. Can someone please give me advice: Do we pay in the arrears and take such a huge risk or can we eg turn up at the Court with the cash in hand? Is there any sample N244 around on here which quotes any relevant cases as I am mightily confused which ones would be the appropriate ones for our case? I really hope that someone is online who can point me in the right direction as the last Judge firmly told us not to bother coming back...
  20. Hi, I got behind with a second mortgage through a sub prime lender which led to a suspended possession order last August. Everything went fine for the first seven payments made on time or early, but I now find myself four months in arrears of the court order. I have broken several arrangements and on Wednesday night (8th July) I came home to find an eviction notice had arrived in the post from the court for eviction on the 27th, nineteen days later. The eviction notice says you can try calling the court but need a really good reason to stop this, and I am getting desperate. I am self employed and although I would be able to get back on track with the order up to date, it is going to take at least six months, even with selling what few assets we have left. We have equity of around 270k in the house The lender has written and said I should call them as they could offer an arrangement if the account had been well maintained, but we would not find ourselves in this position if the account was well maintained, and feel this is to make them appear the good guys in court when I try to defer the order. Any help would be gratefully appreciated.
  21. Every daily newspaper is today reporting the dreadful events of yesterday when Tom Crawford's long running battle with his mortgage provider (Bradford & Bingley) came to an end when bailiffs eventually entered Tom & Sue's bungalow and repossessed it in accordance with the court order. Given the high profile and public interest in this case, over 70 police officers were in attendance and the cul de sac where Tom and his wife lived was closed off. Police also hand delivered letters to all his neighbours to advice them of the reason for their presence. http://www.scoop.it/t/lacef-news Sadly every year thousands of homeowners suffer the same fate as Tom Crawford when their home is repossessed but none of them get the press publicity that this one has. There is because, unlike other home owners, Tom Crawford is a support of the Freeman on the Land movement. A few months ago bailiffs attempted to repossess the bungalow and social media sites appealed for supporters to attend the address to halt the eviction. Over 500 protestors gathered at the property forcing the bailiffs and police to retreat. Following that days events, Tom attempted to stop any further action by appealing the possession order to the court. In doing so, he did not seek assistance from a solicitor. Instead, he sought the services of various individuals who are well known on the Freeman on the Land (FMoTL) and Sovereign Citizen circuit. Quite simply.....the court rejected their silly arguments.
  22. Hi little advice needed as slightly complicated matter and having difficulty seeking advice as no one seems to know what I'm talking about (eg CAB and Shelter) I have a 50% shared property mortgage and housing association leasehold. I have received an eviction notice due to rent arrears. There a suspended possession order in place that included both the mortgage and rent aspects. Due to large legal fees on both accounts I was in discussions with the housing association and they have now obtained an eviction warrant for 9th July. I have already made an appointment to file the N244 form. The notice of eviction was an LT28 I discussed this with my mortgage company, they were unaware of the proceedings and informed me this was the incorrect form and should be for an owner/occupier. CAB have written to the housing association stating my case and offering a payment plan but they are a little hard nosed and not interested. At a bit of a standstill and unsure what to complete on the N244 as still unsure if the correct form was used (trying to speak to my mortgage company to see what they are now aware of). Any help appreciated and hope this makes sense .
  23. Our interest-only mortgage with GE Money expired last year and as we were unable to pay off the balance or remortgage, the Court granted a 56-day possession order in April 2015. A week or so before the court hearing we put our property on the market for £385,000. We have since received a date for eviction (28th July). On receiving this notice, I called GE Money and explained that the house is for sale (we'e since reduced the asking price to £335,000 as there has been little interest). They said that if we managed to find a buyer and exchange contracts, they would call off the eviction. Do you think it's worth us completing a N244 form and asking the judge to suspend the eviction on the grounds that we are trying our best to sell the property?
  24. Hi Guys, wondering if anyone can help me/provide some advice. A couple of years ago my landlord (Housing association) applied for a possession order. At the time my rent arrears were around 2k. I agreed with the judge to pay back the arrears at the rate of around £15 per week. I have recently had a period of unemployment and as such fell behind with my agreement, and for the last 6 months or so have only worked sporadically, usually not applying for HB when I havent been working. As the arrears have risen to about 2300 I recently called my landlord to let them know I had secured an 18 month contract at a new employer - and was able to start making weekly payments of £30 per week on top of my rent to start clearing the arrears. I have stuck to this since the agreement though unfortunately one of the payments went missing (since turned up) & they have now sent me letters and are saying they are applying for an eviction warrant. Is there anything I can do, In an ideal world I would like to continue paying the £30 per week on top of my rent to reduce arrears - my current arrears are just under 2k and at a push I could probably get my hands on anything up to a grand to get them halved. Any advice would be much appreciated
  25. I am a secure tenant of a social housing landlord in Scotland and have been so for fifteen years, at the same address throughout. I am the sole tenant, I do not sub-let or keep lodger(s), however for the last three plus years I have allowed a friend to stay with me in the property as my "guest" (for want of a more appororiate term), and it has been their sole and only home throughout that period. The landlord has been aware of their presence at the address throughout, and has not objected or attempted to have them removed. Following almost three years of a difficult and steadily deteriorating relationship between myself and the landlord, relating to other matters unrelated to my co-habitee, my landlord has now served a summons for eviction on me. I'm disputing it in court on the ground of the landlords unreasonable expectations and demands, but quite frankly only rather half-heartedly as I realise and accept that even if I win, our tenant/landlord relationship is untenanble in anything more than the very short term on account of our various difficulties over the last three years. Essentially I'm none to bothered whether I win or lose, as I'm going to have to move on sooner rather than later anyway, and while I'd rather have a bit more time and wait until circumstances were somewhat better to move on, if I have to make do with what alternative accomodation I can arrange right now, so be it. My co-habitee's situation is however rather different. Having been a resident at the address for three years and known to the landlord as such throughout that period, I am given to understand they have the status of a "qualifying occupier", and as such have a right under legislation for the Court to be taken in to consideration upon what the impact would be on them should an eviction of the tenant be granted. How I, or my co-habitee goes about making the Court aware of their circumstances and the impact of my eviction on them as a resident at my address is where my questions lie, as obtaining information on this seems almost impossible to locate. So far we have been led to believe that for their interests to be considered by the Court, they need to apply to be "sisted" to the Summons - however the flip side of being sisted, or at least one of them, is that they, at the Sheriff's discretion can then be made liable for some/all?? of the sum of money my landlord is seeking in connection with my eviction. Is this the only "down" side (for them) in being "sisted" to the summons, or are there other potential negative issues? Is it absolutely necessary that they be "sisted" for them to be able to address/inform the Court of how they will be affected by granting my eviction - To me anyway, it seems strange that the legislation appears to say that the Court is obliged to consider them anyway, that they need to be pro-active in making sure the information for the Court to be able to do so is in front of the Court, and, have to run the risk of being held responsible for a monetary sum, when in effect they are an innocent and uninvolved party who just happens to going to be losing out whatever happens , in a dispute between a landlord and tenant.
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