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  1. Hello need some advice. Been a tenant for 14 months always paid rent when it was due.Small family myself wife and two kids 4 years old and 3 month old baby, Our landlady decided out the blue to put the house for sale and has gave us two months notice Few questions i have 1) our deposit was never but in a scheme we have never had an issue whre do we stand on this 2) with the house going for sale is she allowed to show up when she likes when she has viewings? 3) anyway we can delay the eviction after two months roughly how long have we got if we stay put 4) we have never had a new tenancy once 6 months where up it just rolled over as much info to help us please
  2. Hi In 2005 I got the following: Together Mortgage £113000, Picture Loan £33000, Welcome Loan £21000, RBS Debt totaling £25000 credit card debt totaling £ 9,000. PAYDAY LOANS total £1200. I was in great despair as I was going through a divorce had an ectopic pregnancy and lived in a house half built. I was off work due to ectopic pregnancy and was losing money fast. On top of this my step daughter came to live with me and I was trying to help her through college etc. My ex husband was very nasty and he was due to leave the army and I got frightened in to not taking any of his pension that I deserved for giving up my career to bring his daughter up. He cashed in all our joint policies and left me with nothing but debt. I was in despair literally and had a breakdown turned to alcohol (not badly but enough). I then tried reading self help books to try and change my mind set. I wrote myself blank cheques to all the people I owed and had them on my wall so that I could visualize on attracting money. I won £3800 from a 10p bingo ticket then I got a windfall of £32000. I cleared the credit card debt, got the house finished and reduced the welcome loan to £9000. I still owe the rest, I got the RBS loan secured against the house to free up monthly spends. My house is now worth £136000. I was annoyed though as I have paid over £37000 to IDEM not realising that to settle I need to pay another £42000!! I was younger stupid and scared. I have now rented out my house and I am living in a room, I have started my own company using all the skills I have and have enlisted friends to help me with their trades (I take a small percentage from them as I get them work). [EDITED] It is about visualizing and felling the luck and wealth. It takes only 16 seconds to vibrate mentally and put good thoughts out. I do not ask to win the lottery e.t.c but I try to create ways that I can help myself out of the mess I got in with money. [EDITED]
  3. I have a suspended order on mortgage arrears. I have kept paying as per the order for the last year reducing the arrears from £22000 in December 2013 to £16100 today. I missed a payment in December when I was ill and could work now the mortgage company has got an eviction date the order has been suspended 8 times but this is the first time I have been able to reduce the arrears
  4. Hi, I'm currently in the process of being evicted from my rented flat. I contested it for a while as there were plenty of irregularities over the tenancy and the deposit protection, but the landlord got an immediate order for possession about 2 weeks ago now. I was fully expecting him to instruct county court bailiffs right away, but 14 days on, I haven't received a notice of eviction. I rang the County Court Bailliff's office, and they haven't even received an application from the landlord to start that process. I find this a bit strange, I don't understand why he didn't do this right away. I've been reading elsewhere that there's a procedure for possession that involves getting the case moved to the High Court and then instructing High Court Enforcement Officers to carry out the writ. It's my understanding that this is more expensive but much quicker. It's also my understanding that if the landlord goes down this route, I don't get any notice at all until the HCEOs turn up at the door. Is there any way of finding out if this is what's going on here? Is this a common route for landlords to use? Is it true I wouldn't get any notice at all, or any notice that the case was being transferred to the High Court? If I get a few days notice to get my stuff together, then that's fair enough, I'd even send the keys back and save everyone a lot of hassle. What I'm worried about is that I'll just come home one day and find all my stuff on the street. Does anyone think this is likely or have any advice in this situation? Cheers.
  5. The new landlord of the property where I live is seeking eviction of all tenants in order to gain possession of the property. The other tenants have various types of tenancies such as Assured tenancies and AST type tenancies. The attempted eviction is served on us under section 21 of the 1988 Housing Act. The Assured and AST tenancies were introduced in the 1988 housing Act which came into force on January 15, 1989. Now, my tenancy began in 1988 and I don't have any official document to confirm my tenancy status. However I do have several post mark dated letters addressed to me in various times of 1988 and in further years up to the present time. On it's own would these post mark dated letters addressed to me be firm evidence of being resident at the property since 1988 and thereby not being subject to the section 21 notice for possession of the property?
  6. Just some advice on letter received from Kensington solicitors. Kensington are filing for possession. we have 3 missed payments,Sep,Nov,Dec, 2011.. We have made payments for for Jan and Feb and march is due at the end of the month .they state that the arrears are jus little over £2500, but are monthly payments are £670, so does not add up .there are £50 charges for each month un arrears. could these charges be included.. I.am going to.ask them.to drop to interest only but keep the payments the same. this means arrears would clear in 10 months. firstly would they accept this????. ..and all also it wise to claim back the charges of £50 a month.. Any advice
  7. Hi all, My stepson lives in a HMO with an AST, his contract is up in just over a month. The landlord tonight has told everyone they must leave in 1 month as he has sold the house. He has told them that 2 months notice does not apply as it's written in the contract he only has to give 1 month. LL does not live in the building. Does the LL still have to issue a section 21 for a HMO? The deposit is not protected, the LL said he did not need to protect it. In the contract is says it should. (I know it should be protected). What exactly are the rights of someone renting just a room in this situation?
  8. Hi everybody, I saw this site and some of the users mentioned on another website while I was looking for advice and I'm hoping someone might be able to help me. I received a letter on Friday to say that Eversheds solicitors were applying to the court for an eviction date. Very upsetting. I live with my 1yr old son and losing our home is a very frightening feeling. I'm currently in arrears of £1779.61 (interest is being added to this) with my Santander Mortgage and have been advised that Eversheds are now dealing with it. I didn't realise but in January of 2013 a suspended order for possession was granted, and I found out today that lasts for 6 years. Over the last six months or so I have missed 3 payments. One was after an arrangement was put in place, but because it took 2 months for them to agree to it, I only had enough in my account for the regular monthly payment so the arrangement was broken and therefore cancelled. I have spoken to Eversheds twice today and been frustrated and upset after each call. Over the weekend I managed to get £450 together and was hoping to pay that towards the arrears, set up an arrangement which would cancel or postpone the eviction. I would be able to clear the rest of the arrears by the end of February. It would mean a lot of sacrifices but it is doable. Eversheds advised that unless I pay the full arrears off the eviction cannot be stopped, and I have to wait to receive the date from the court. They can't tell me how long that will be, nor how long the court will give me before I have to leave. Does anybody know the usual time frames for either of these? I don't know anybody that has been in this position and there isn't really anybody I can talk to about it. Any advice on this would be greatly appreciated while I try and think of ways to get the rest of the money. Thanks in advance
  9. I have been sent a Notice of Hearing for next Thursday as I have no idea what to expect on the day was hoping someone on here could advice, what the procedure is and can I take a friend with me I have no legal rep (can't afford one ). My story in short: my husband past away 3 years ago unexpectedly from a heart problem age 70 and left me with debts, I'm now living on housing benefits and a basic state pension. We have lived in this rented house for the past 17 years the landlord back in June decided he wanted to sell the house, he said I could stay until it was sold but then in Aug changed he's mind and said he wanted it for his daughter. Because private rental is almost impossible (meet non of their criteria) plus I have a dog. Due to not being able to find any where he now wants to evict me. I am on the housing reg, but have had a problem with them too. So could anyone tell me what to expect on the day of the hearing and any advice would be grateful, Feeling very much at the mercy of these people.
  10. Good Afternoon All. I was really looking for some advice on way's I can move forward with the following situation: My partner, son and I live in a housing association property and pay £870 per month for a 2 bedroom house. As of February 2013 I had to change jobs due to my previous company making redundancies and jumped into the next suitable job for financial security purposes etc. I went from a 30k a year salary to 23k per year and my partner takes home roughly £650 per month as she works part-time due to being the primary carer for our son. Unfortunately as we both have bad poor credit scores we need to use payday loans to help us get throught the month but now are in a situation where we are taking them out to help with living and the cost of rent! Each month we are needing to pay back the previous loan and take out another one and the amount with interest has gradually increased as we have needed slightly more each month as we are loosing a lot of money in interest. The problem we have now is that the maximum loan I can take out just about covers the rent but we'll have nothing else to live off of for the month. I'm not too sure what to do with this one, I don't want to get into rent arrears or have a payday loan we can't pay back, especially as I can't imagine them being that flexible. Is there any support or advice out there to help manage housing association rental arrears as I don't see any other solution to get us through the month then to pay less on the rent? Unfortunatly there isn't anyone we could ask to burrow the money from. Thank you for your time.
  11. Hi....i have an eviction notice for thursday, halifax and drydens, i was told on saturday that i needed to pay 1500 and thereafter mortgage payment + 40....today had a call to say halifax want 1955 (+ 100 extra per month as per original court agreement)...(i had it reduced to 40)...this is 2nd eviction notice....what are chance of getting it suspended at this short notice??...arrears are 3800 total...thank you
  12. Hello, I'm after some guidance and help if possible, we currently have a suspended repossession on our property which was suspended back in April this year providing we stick to the agreed monthly payments of £412.90 plus £60 towards the arrears. My partner is currently self employed and has been working but we have had issues with regards to him being paid and how much due to issues with who he is being paid by, I do work myself and earn enough to cover bills ect. We have had quite a stressful and testing time the last three months due to breakdown within the relationship and also we suffered a miscarriage along with the issues we had with regards to my partner receiving his money for works he had completed, this has resulted in us missing 3 mortgage payments and we have now received an eviction date for 10th November and feel like we have no idea what to do or where to start, we have a 14 month old son and we are worried sick that we are going to loose are home. Ascent legal who are acting on behalf of Halifax have advised that unless a lump sum is paid they will be continuing with the eviction. We are sorting through our differences and my partner has now begun work for another client and has begun to be paid regularly which enables us to continue with the monthly payment of £412.90 plus the additional £60 towards the arrears. Any help/advice would be greatly appreciated. Thank you
  13. Hi Back in 2012 Ascendon applied for and got an eviction date from a suspended repossesion order from 2008. I posted on here and thanks to Ellen's fantastic help and advice I attended court and the judge suspended the order again provided I paid the monthly mortgage and £300 per month. At the time this seemed realistic and affordable but Ascendon kept on making things very difficult for me. They wouldn't change the payment date despite me not getting paid until the 10th of every month and they insisted I phone up every time.However by sept 2013 I was completely up to date with the mortgage but my business has struggled over the last year (due to a restructure of the company I work for) and I've fallen behind with the mortgage again. They have now gone back to court and obtained another eviction date, set for Thursday 23rd October 2014. My questions are:- 1. How long does a repossession order last-as it seems to just sit there indefinately and as soon as I'm a couple of months behind they start proceedings again. They know I'm self-employed and they always get their money but they are so inflexible and keep adding on countless charges. 2.I never get noticed of when they go to court to obtain an eviction date-is this right ? I just find out from their solicitors letter, which by the time it arrived this time gave me 2 weeks notice. 3. I will fight again to get the eviction date suspended, but I can't remember what to put on the n244 etc (I lost all copies of my previous eviction when my house flooded) Can anyone help ? Thankyou
  14. Hi I need some help. I am currently a secure council tenant with £950 arrears. My rent is currently £49 per week. I have a court date of Monday 17th November for missed payments on a suspended possession order from late last year. I need to know what amounts the arrears need to be at not to be evicted and get another suspended possession order. My arrears if I kept to payments would have been £227 by 17th November.
  15. Nine million private tenants in the UK could be given extra protection from landlords who try to evict them. The government has decided to back a private member's bill, which would make it illegal to evict tenants who make justifiable complaints. It would mean that people who complain about faulty boilers, leaky roofs or dangerous electrical items would no longer have to fear eviction. However it is uncertain whether it will become law before next year's election. Nevertheless the news was welcomed by campaign groups, including Shelter and Crisis. According to Shelter, more than 200,000 people suffered from so-called "revenge" evictions last year. The government said it would back the private member's bill from Sarah Teather, a Liberal Democrat MP, providing it only targets bad landlords - and does not stop legitimate evictions. http://www.bbc.co.uk/news/business-29156186
  16. Hi All Anyone have experience of Scottish Sheriff court eviction proceedings? Ever heard of Sheriff granting decree to evict when only 1 discretionary ground is cited in AT6? Case history- I served landlord notice to quit halfway through a 12 month short assured tenancy, however I now need hospital treatment so I've had to cancel a trip I had planned and am unable to find new accommodation at short notice. Notice expires in a few weeks. I have always paid rent on time and adhered to all conditions of the tenancy agreement. So only ground landlord can use to evict me is Ground 10 of Schedule 5 of Housing (Scotland) Act 1988, which even if proven, is at the discretion of the Sheriff as to whether it is "reasonable" or not to grant the order. (Ground 10- (a)the tenant has given a notice to quit which has expired; and (b)the tenant has remained in possession of the whole or any part of the house; and ©proceedings for the recovery of possession have been begun not more than six months after the expiry of the notice to quit; and (d)the tenant is not entitled to possession of the house by virtue of a new tenancy) Landlords' agent has repeatedly stated that reason landlord wants me to leave is because he wants to sell the property. Is the Sheriff likely to find it reasonable to make me homeless just before Xmas 2014 so that the landlord can satisfy their avarice? and Will the Sheriff determine that I have to pay legal fees for eviction because I have stayed passed the quit date without good reason (I would argue that need for medical treatment prevented me from finding new accommodation at short notice) I'm thankful to any CAGgers who take the time to share their expertise on this subject
  17. I originally agreed a repayment with DB mortgages, this was formalised with a suspended possession order. Due to illness I couldn't maintain the agreement I again ended up with an eviction date. Not knowing what to do I sought help with HRC who charged £300 for their services; I was again issued with another suppression order(which this time I could afford). The mortgage company was not happy and when I asked to set up a direct debit they wanted to complete a further budget assessment to allow us to move on. With an extremely Ill daughter I didn't have the energy, know how or time to argue. I then suffered ill health and an accident at work; but will return to work at the end of September. I have now ended up with missing 2 month payments, and erratic payments. I have now been given an eviction date for the 9th sept 2014. I know it is my fault but I do feel with DB not setting up the direct debit I wouldn't of ended up in this circumstances. I can afford the mortgage plus more than what the judge ruled perviously. What should I do??? Thanks
  18. Hi I have posted before a few years ago when I received gret advice and i obtained a SPO from HSBC back in 2008. The situation now is that I now have an Eviction date of 27 August. I have arrears now of 57000 and a property worth 350000. I have completed an income/ expenditure and N244 as per the forms/ advice here. The affordability to pay 500 per month extra would clear the arrears in 114 momths with a remaining term of 144 months as my lender tells me, however they have now said point blank that they want full arrears or eviction. The arrears increased over the years partly due to being made redundant 4 times in 4 years and a period of unemployment spaning around 14 months. I was under the impression that the bank had agreed a hold on payments during these times, however transpires were jusy increasing the arrears. A further element is that we had to move out for a period of 15 months due to major subsidence wirks (Insurance claim) where we had to find a proportion of rental money up front which made it fifficult to maintain payments Original SPO in July 08 was 250 extra per month and arrears then were approx 15000. Is it sufficient now to prove affordability and the arrears will be paid over the remaining term?. I have collated wage slips and the budget sheet.... just need the Witness Statement now. I would idealy like to take this to the court today to get a hearing asap... I could not bear the thought od leaving longer! What do you think are my chances?. I now have a very secure job having just passed a probationary period. My wife has worked for the council for years on a good salary also. We have 2 young children at the property also. Can you help please? Many thanks in advance
  19. I started renting the property in 2008, AST tenancy UK. During that time my landlord issued 3 section 21's (every time I complained or asked for work to be done!) then changed his mind when I was given an eviction order. Rent was paid in full. Deposit was never protected, when I challenged this in court he refunded my deposit and re issued s21 I received an eviction notice and an eviction date for March, however, in February my landlord emailed me and stated that I could remain in the property (he had done this before). I found out on the day of the eviction that he had not cancelled the bailiff eviction and had to go to court with the emails I had received from him to try and stop it. Unfortunately he did not attend court and was not replying to anybody and there was nothing the judge could do to sop it because he was not there and I was evicted. He used a property management team and they were there when I was evicted. They could not contact my landlord and said that I would have to come back later in the week and remove my property, however, when I tried there was always some excuse as to why this guy could not make it (he was on holiday or had other work on).This went on for around 4 weeks with me constantly txting to arrange to collect my things. (txt's have been kept) Eventually he said that I was not allowed back in the property so his company could pack my stuff up and deliver it for £600. I asked if I could get my own people to do it but he said that I would still have to pay him to be there (a full days wages, which I think was £300, so I might as well use his company.) I agreed to this until I got a phone call from a former neighbour saying that people had been in my property and there were a number of bin bags outside in and around the bin and that passers by were going through them and she realised it was my belongings and not rubbish. Among the items she managed to save were my sons toys, medals, some of my jewellery and clothing. When I confronted the property management guy (I will call him Mr Z) he became very abusive and sent me txt's asking if he should just get rid of my belongings then. I called Shelter who advised that he had to give me access to my belongings and he could not charge for this, also that I could take my landlord to court for not protecting my deposit and to use this if he became difficult. After advising him of this he arranged for somebody to pack and collect my belongings (I personally think he over charged me but I just wanted my stuff back as it was now June). My things were delivered and put into storage. I have just returned from holiday and because I work away a lot I have just got the rest of my things out of storage only to find a number of things broken and missing. The broken things I am not that bothered about, at least they can be accounted for. Some semi valuable jewellery is missing but what has really angered me most is that my child's items are missing. Some sentimental items and some valuable and expensive items. My question is, can I do anything about this and will it cost me a fortune to take my landlord to court? I know that it is my word against Mr Z and his employees as to what was in the house but he would not give me access to my belongings which would have prevented this and he disposed of my belongings which he knew he was not allowed to do. Any advice would be much appreciated.
  20. Can anyone help I'm at my wits end. I have had a mortgage with ge for 10 years. We have arrears of £40k. These have accrued though ill health and self employment. We have been paying part of the contractual payment each month although no arrangement set to do so. I am under medication as I'm agoraphobic and mentally unwell. My GP has written to ge to confirm. They wanted a GP letter to do a final review but have said they are going for eviction. Letter only posted today so not read by ge. My husband starts a new job, more money and as an employee. I have offered as of end nov to pay full monthly payment to prove we can pay each month. Then I have asked for arrears to be paid off over remaining term. Ge said no. I have 2 children and one has a heart murmur. Will a judge listen or just laugh at me. Ge sent police to my door and contacted a social worker today as they thought I might kill myself. Can anyone help? Please
  21. Hi, Two weeks ago I was evicted from my flat, as the landlord was not paying his mortgage and the property was repossessed. I was told by the agent that I would receive my full deposit back as the landlord had broken the contract, making it null and void. Yesterday I received my deposit, however there was £72 missing. I rung the agents accounts department to find out what this was and I have been charged a checkout fee. This checkout fee is mentioned in the contract however, we were told the contract was null and void, so are they still able to charge us this? I did point this out to them on the phone, but they refused to agree with me and said the charge was to get the deposit back. Are they able to charge for return of the deposit? I believed before that a checkout fee was for checking against the inventory for damages, but the agents were not able to do this as the keys were taken and locks changed by the bailiffs? Please help, as if eviction isn't enough stress without throwing more problems in!!
  22. I went to court on Tuesday. My Mortgage lender was granted the possession order on 1 st charge of property but they have me back in court 7 days after the 28 days of the 1st Possession order granted on the 2nd charge on the property The mortgage is part of the same lending company as the secured loans. I wondered if anyone has come up against this. I did ask the mortgage advisor of the court to request for 56 days in court but the judge just granted 28 days. I don't know where this sits if I'm still in the property after the 28 days and they go for an eviction date 7 days after the 28 as I'll be at court on that date. I've sent my defence for the 2nd charges requesting 56 days for possession as I'm now finding somewhere else to live with 4 children in the property .I'm on low income so it would give me more time for a deposit if I rent privately. I've been in touch with My Local Council but it doesn't sound very good to be rehoused. Any advice most welcome.
  23. I had a suspended repossession order from a lender with regards to a secured loan. I have been making the payment plus extra towards the arrears but had some issues in 2011 and 2012 and missed some payments but since 2013 I have had a good job and have progressively been trying to clear out al my debts . I had even increased the amount I had agreed to pay towards the arrears. For some weird reasons I never got any statement from the lender to let me know the balance on my arrears. Around about May this year I got a letter from the lender saying that I had arrears of about £4000, and then a few days later I got another letter from them saying that the arraars was £6000.Very confusing indeed. I called them and asked how much was the arrears, they said £ 4000, this was really confusing as once again it was differing from the £6000 they had written . Because I was not at peace with the confusion of what the arrears balance was ... I offered to pay £500 lump sum and then add an additional £130 towards the arrears from the original agreed £20 They asked me for a budget planner.When I filled it they called and said they would be going to court to evict me.They did not give me any reason, nothing whatsover.Is this correct. I have already paid the lump sum of £500 and started the payment. I got a letter from their solicitors saying they have applied for eviction, the letter did not say how much the arrears was.I called the lawyer to ask what the arrears was..he said to call the lender. I wrote the lender, high lighting the confusing information I was getting on what this arrears was, was it £4000 or £6000, stating the letters i got from them at the same time stating different balances. I now got a letter from them the next day apologizing that they should have sent me the balance statements as per the consumer credit act 1974 rules , which states I should have been sent this statements as soon the arrears was up to or in excess of 2 contractual payment.They had failed to do this as they stated in their letter , and that they would refund any default charges or interest applied to my account during the period. They now sent a statement where they waived upto £11,900. This waiver effectively clears all the supposed arrears and then some towards the balance... in the statement they sent however they applied £10,500.....so am actually planning to chase them for the £1,400 they have not applied . so basically this wipes out the arrears and just leaves about £5000 left as balance on the loan...NOT arrears. Yet I now received this eviction notice. The notice was written on 8th July 2014 by the court but postmark shows 25 july 2014...which means the court had posted it to me 18days late ...which does not give me the much time to react...is this correct?. I feel as if the repossession order and the eviction order should be overturned completely. What do You think and what should I do.
  24. https://www.youtube.com/watch?feature=player_detailpage&v=jwEITt_GTaE . Some background to the story. https://www.youtube.com/watch?feature=player_detailpage&v=35PvAoH5IPk
  25. I've seen some excellent legal advice on this forum but I'm posting this less in the hope of getting out of the hole I'm in and more as a warning to other commercial tenants. Eight months ago, I verbally agreed a new tenancy agreement when my five year shop lease was coming to an end. When I rang the landlords six months later the guy I had spoken to had left. The new person said they'd honour the agreement but only on a one month rolling contract outside the act. I needed to race to a solicitor and get the agreement witnessed. Why would they be asking for this? I dismissed my suspicions as paranoia. I'm a good tenant. Pay on time etc etc. Lots of empty property in the locality. Exactly six months later the shop has been re let to a new tenant. (I had no idea they were making it available - not 'quiet enjoyment' for three years) and I have been served one months notice. As you can imagine this is devastating to any trader. Find a new property. Relocate. Fit out etc etc. The cost is prohibitive. Are there any loopholes? The rent is paid per annum but on quarter days so has been paid to September 1st and I read that the notice period must end at the end of a period. Lease commenced on 24 Nov. One months Notice was served on 23rd june with termination set for 27 July (One minute before midnight) Any advice help definately appreciated but otherwise please treat this as a warning to others.
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