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Found 5 results

  1. Can anyone help please? It's a little complicated but will try to keep it short. I rented my property on a 6 month AST to someone who owns next door and wanted to buy my property to knock through. It all started off well but the sale fell through - no fault of anyone's in particular and he has turned nasty. His tenancy ended on 31st October but he refused to leave and said he'd leave when he wanted. (even though he owns the empty property next door!) He was supposed to pay the rent for November on 26th October but obviously cancelled his direct debit because I didn't receive it and still haven't. I tried to take a prospective new tenant around there (giving him 24 hours notice) but it was hopeless as the tenant was obstructive and abusive. I have written him formal letters requiring him to leave on Nov 30th and follow up letters about rent but he hasn't responded. I then read I should have given him two months notice, so do I need to do this now or does the fact that his rent is now over 16 days late, mean this is void and I can get him out? I requested a meeting giving him 24 hours notice but he said it wasn't convenient. What on earth can I do?
  2. Hi I have a 300k self cert mortgage at 7.99% which started in Nov 2008 (height of the credit crunch) I was in the middle of buying my ex out of the house and as i am self employed was left with no options as I was self employed. My income has been variable but bank of Ireland were a nightmare from day one, not setting up DD's taking it without warning or not completing the mandate so I ended up with arrears from almost day 1. They also failed to allocate payments to my account. I have repeated complained about the way my account was handled and got the usual fob offs. Anyway in 2009 I lost 5 big customers leaving me £80K out of pocket, then in 2010 another customer defaulted for £120K, the first 5 all went bust because banks called in their OD's and the latter is just a dirty bstard trying to dodge payment. How my business survived is a miracle however what it has done has meant I have taken my eye off my personal ball. I know you will find this incredible but I didn't notice for nearly 6 months that BOI were again not taking my DD various wrangling later in November 2010 we agreed I would pay £2k per month (£1750 + 250) by DD. They this time didn't set up the DD and then didn't collect any payments first I realised was in Jan I got a notice of hearing for suspended possession order, this was had in Feb. and suspended. Prior to the hearing I paid 8K (4x 2K) in separate payments, the judge made this part of the order and ordered I pay the 2K per month amount. This I have done however 2 payments were a few days late because my bank didn't send them in time. I have letter of apology on both from my bank and sent them to BOI. BOI are now claiming they haven't had all the payments and have applied for a warrant to evict me on the 25th May. They are claiming the arrears have gone up. This is a like a terrible joke and is killing my relationship not least my GF is threatening to take my daughter away. Any help you can suggest to resolve all of this would be appreciated.
  3. i have lived in my flat for 16 years, ive seen 3 occupants from the flat below come and go, then 5 years ago a woman bought the flat below me, all was well for 2 and a half years, due to a death in the family,i became depressed and started drinking, with the drink came music, in short a noise abatement notice was served, i paid the fine, had my possessions removed and got told to abide by the housings rules for 12 months. 8 months into my probation the neighbour started bombarding the housing with complaints about me again, this was aug last year, after i had put myself out to comply with the rules,and recovered myself, and has been complaining constantly since, noise she says, banging in the middle of the night, me and my son talking,my tv,my washing machine,me flushing my loo,walking up the hallway and down the stairs, i have so i thought been very careful in what noise i have made but alas it seems that its not enough, i did seek legal advice and got told to keep my own diary of all noise i hear and when i am not in my property as some issues were not accurate the last time. i have done this, when the noise team at my local housing phoned me and told me to expect a court date, i told my brief who said as soon as i know it to let them know, this was befor xmas, i did not receive a date, and yet this morning i get a letter from my court telling me that i have just 2 weeks for me and my son to get out of our home, im at my wits end, how is it possible to remove 16 years in just 2 weeks? no one seems to want to help me at the housing even though i have constantly tried, sound proofing is an issue in my flat as i am unemployed and cannot have sufficiant carpeting, the housing said they would refer me to a department that could help with this but never did refer me, i am a heavy set woman who does not step lightly as i have proven when i spoke to my brief, i have also came close to being admitted to hospital for high blood pressure due to this stress of these ongoing complaints, also being diabetic i tend to need the loo quite frequently which the neighbour has moaned about, i am going to the court tomorrow to fill out a N244 form, even though im not sre if this will help, sorry its been a long winded thread but i am at my wits end, i do not want to be thrown on the street with my son, somebody please help me:-(
  4. Please could someone help me to stop an eviction order, looks like I am going to lose my house on 17 Feb 2011 !!! I am desperate and at my wits end. Apologies in advance if this post is too detailed but i wanted to try and include all the facts. Please do not hesitate to contact me if you think i have left anything out, or have any questions. I have put what i think are the most important points in bold, i hope that is ok. Unbelievably, they have a judgement to sell the house for not less than £229,500 when the house was valued last year at £260,000. This is for a judgement of £4,680 (Original judgement was for £6500, £4000 of which was costs !) ! So, after all costs I will most likely have nothing. I have offered to make a payment of £1400 includes o/s amount including march 2011, but they said they would not stop the eviction unless i paid the full judgement amount now standing at £4860 ! Possession hearing details :- The original judgement was served in 2004 from Northampton County Court, but I knew nothing about it until 2008 (at the time I was recently unemployed and on benefits). In 2008, the claimant filed for a possession order at Edmonton County Court and I went to court on 3 occasions, I filed a set-aside judgement, the first two occasions the hearing was adjourned, the judge advised me to re-submit the set a-side. When i first received the possession order i took some advice of the debt collection agency who advised me to request a signed copy of my credit agreement. i wrote to hlcf and received a reply from booker management services who said that they didn't have a copy of my credit agreement, but didn't need it as they had already secured a judgement. i included this in my set aside application which was never heard. further more, the judge advised rather robustly that if i applied for the set aside it would be unsuccessful because 5 years had passed since the judgement and that i would have to pay costs, and was not interested that they had got the judgement because the summons was at an address i hadn't lived at for over 6 yrs after it was served ! On my 3rd visit to court, Nov 2009 (by this time I was back in employment), the judge refused to hear my set aside, stating that i should have filed it to the court where the judgement was granted, when I advised him that on my two previous visits neither judge had mentioned this and indeed told me to send the set aside request to Edmonton he said he was not interested and found in favour of the claimant and grant the possession order. I must admit that i never noticed the judgement was for £6500, of which over £4000 were costs ! Bizarrely despite both the original judgements being for similar amounts, one of the possession orders was for about £2000, and the other for c.£4,500. Not sure if it is relevant but the two original judgements were consolidated to one judgement at the final hearing (where the possession order was granted). Needless to say, i was very overwhelmed by the experience (possibly one of the worst bar this eviction notice). the judge was obviously riled that i asked why he wouldn't hear the set aside because he even added costs of about £400 that the claimants solicitor said that they were claiming, but the judge said it was listed on the claim documents so he was including them. At this point I was totally intimidated and just want to get out of the court room (which I would never be in a work situation but this was different), so when he asked how much i was going to pay a month i foolishly said £200 per month, even though i knew this would stretch me, but i planned to file a set aside or make an offer to the claimant if that was not successful, so wasn't thinking about how that much money would disadvantage me regarding any offer. Post Possession order:- My first payment was for Jan 2010, and i made payments until July 2010 via the claimants solicitor Blake Lapthorn. In July / August 2010, I received 2 letters from Geoffrey Parker Osbourne (GBP) saying that they were now handling the account and enclosed a notice of change of solicitor. In the top box, they listed the court as Northampton CC not Edmonton CC who granted the possession order, not sure if this is relevant ? Also they named booker management services as the previous solicitor not blake lapthorn. The two letters i rec'd from Geoffrey Parker Osbourne, one that said that the current balance £5042.80, one that said i owed £1,552.17, this confused me as i had already paid around £1200 of the original debt. even more confusing was that the claim numbers quoted both related to only one of the debts, as did the change of solicitor notice. A month letter i received another letter saying i owed £4642, at the time i thought they was no way that i owed over £10000. in my conversation with them this week they said the debt was £4842.50, a different amount again. I wrote to Blake lapthorn asking them to confirm that they were no longer dealing with the account, but heard nothing from them. I spoke to them when i received the eviction notice and they confirmed that they were no longer dealing with the account. They advised that they didn't reply to my letter as they were no longer dealing with the claimant, and that they would have issued the letter to GBP. In September, my work contract finished so i am no longer working, i am not claiming benefits which i believe means i would have to pay any court fees, but in the scheme of things this is small fry and not a problem. however, this is the part where i stuck my head in the sand, partially because i was waiting money to come in for the work contract i had just completed. this invoice wasn't paid until end of december, so knowing i didn't have any money i put off contacting GBP. I had planned to file a set-aside judgement to Northampton CC, but in the meantime i received the eviction notice I called geoffrey parker osbourne solicitors when i received the notice (31 jan 2011), the call was taken by a very unhelpful collections dept (not a solicitor), when i said that i wanted to talk about the account he asked me my name and address, which i provided. He then asked for my date of birth, i have never provided this at any point of the case so don't even know how they have it, rightly or wrongly i declined to give this at this point, so he refused to speak to me about the case as he said he needed my debt of birth to comply with the data protection act, is this true ? ? I have tried to call the court on a number of occasions but they don't seem to pick up. I called my local citizens advice bureau, who are also v busy, when i did get through to them they said they had no appointments for over a month and provided me with names of the community legal advice centre and some solicitors. I spoke to community legal advice when the possession order request was issued in 2008, and they said 'maybe its best you let them sell your house', not really the advice i was looking for, esp as i have at least 60K (if not £100k) of equity in the property, of which there is unlikely to be any left if the solicitors/hlcf get their hands on it. As i mentioned earlier i called the original solicitors blake lapthorn to confirm they were no longer dealing with the account which they confirmed. I asked if they had the outstanding debt amount on their records as gbp had indicated i owed more than i thought, they replied that had sent all the details to gbp and that I request a full breakdown of the amount from gbp. I then called GBP and said that i wanted to bring the account up to date including march 2011 and would set up a dd for the remaining monthly payments, this would give me the chance to apply for a set aside to northampton. (i believed this to be c.£1200), and explained i hadn't paid earlier primarily as i never received a letter from blake lapthorn, hlcf or booker management services. i also said that the amount they said was o/s seemed to differ on their letters to me, and asked for a breakdown of the account. They advised that the o/s amount was £4862.80 but said they couldn't provide me with a breakdown of the account ! They advised that to bring the account up to date would be £1200 and initially advised me that this would suspend the eviction notice, i asked how would i know for sure that the eviction notice would be suspended for sure, and they said i had to trust them ! Something told me that this was not sufficient so i asked for a letter to confirm that they would suspend the eviction. She said that she couldn't do this but would speak to the person handling the account, she put me on hold and a few minutes later said that they would only suspend the eviction notice if i paid the full £4862.80 ! Despite my asking if there was any way we could an amount between the o/s amount and the £4862.80, she said that they had an eviction order and would not even consider suspending the eviction unless i paid in full ! Am i not entitled to a breakdown of the amount owed ? This seems grossly unfair since the debt is £4800, as i am prepared to bring the account up to date, and the equity in my property is property is over 20 times that amount ! Furthermore the costs associated with Bailiffs and selling the house will no doubt dwarf the £4800 claimed Please advise anything i can do to stop these people stealing my house. If i have to i will borrow the money from family to pay the o/s amount, but how will i know for sure that they will stop the eviction bearing in mind the eviction is Thursday this week and that have already said that i will have to just trust them. i would rather not have to borrow this money, is this my only option ? If i did pay the money would i be able to file a set aside and if successful claim back the £6800 i have paid these people ? Esp as this hlcf do not appear to exist ? If i filed a set aside to northampton straight away, would this suspend the eviction until my case was heard ? can i file a set-aside (is this a n244?) online ? If i apply to Edmonton county court to suspend the eviction order on the basis that i am able to pay the account up to date (c. 6months behind) plus march 2011, and if absolutely neccassary even put the rest in a neutral holding account until the set-aside has been heard, do i have any chance of being successful ? What should i do ??? Can i even do anything, except pay the amount in full, and what assurances can i get from gbp that they will suspend the eviction, do i contact the bailiffs ???? Apologies for such a long winded message Debt History :- (not sure if relevant ??) In 2000 I closed my account with barclays (which I had held with them for 12 years) because they kept debiting unauthorised payments to pay AOL from my account (I didn't even have a contract with AOL !). I spoke to them on two occasions which resulted in them stopping the payments, but on checking my statements within a couple of months they restarted the payments without my authorisation and at NO time did they credit me the amounts deducted, instead telling me to contact AOL. The 3rd occasion that they restarted taking the payments I cancelled my account. Roll onto 2004, at this time I was TOTALLY unaware of what proceeded to happen. As far as I can make out Barclays sold two alleged debts in my name to HLCF, who filed and were granted a county court judgement(s) in their favour. one judgement was for £1080 relating to a bank account, and one for £1200 for a barclayloan so total £2280 plus costs which i believe were £206 for each claim). I believe that I do not owe these monies and would have defended the case. I have never had a copy of these judgements. I was unable to defend these cases as I believe the court summons were issued in my name to an old address which i had not lived at since around 1998. Barclays WERE aware of my new address, as these case relates to an account I closed back in 2000, and never wrote to me when i closed my account to say that i owed them any money, I believe this relates to interest and charges which they 'fabricated' when i closed my account.
  5. Hi Please Help We are a married couple age 41 and 37 with two young children aged 5 and 7 we have been through extreme financial hardship stemming from last year when the industry I work in took a downturn and I lost my regular overtime, then my father became terminally ill with cancer and I had to take extended unpaid leave to nurse him then time off for funerals bereavement etc. The upshot of this is that our mortgage provider has moved to repossess us on three occasions over the past 2 years but we've always managed to pay the arrears in time. However we have gone behind with our mortgage payments again and once again Redstone have used the suspended repossession order they have against us and we have an eviction date for 11.00 monday 29th Nov, we have tried to co operate with Redstone but they keep moving the goal posts and have now applied legal charges and other fee's to the arrears. I understand that by using a N244 form that we can ask a judge to interject but have no idea how to go about it at this late stage. Any help would be massively appreciated. Tony
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