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Found 7 results

  1. Hi there, Helping my neighbor out again and need some advice. 4 years ago the police executed a search warrant and confiscated a lot of equipment. No charges were made and he got most of his equipment back. They lost a bag containing about £1000 worth of equipment, and after about a year of writing to the legal department they paid him £100, and he decided no to chase anymore due to the stress. Now they have sent him a letter saying they found his stuff, and he has to pay them the £100 back before he can have it back. He doesn't have a £100, how should he proceed? Are they allowed to keep his stuff? What about compensation for the 4 years of non-use. He is not even being allowed to inspect it for damage first(its likely that after 4 years in a police lockup, the equipment might be unusable. Some of the other equipment was returned damaged, and they told him that was tough and refused to replace or compensate for it. Advice please.
  2. Does anyone have a scan or a link to an example of an Equita walk in possesion order? I saw one a while back and there was something on it that gave me a "raised eyebrow " moment. I don't need to see any personal details at all , just the actual form
  3. Hi All, I'm hoping someone can help. I am a Council Tenant and have recently been served the above. I have been served this on the grounds that I breached the tenancy on subletting and sublet the whole of the property with a sub heading of instructing letting agents to let the property. The first gripe I have with this was how it was done as I don't feel this process was correctly followed. I called the Council about an ongoing issue with my garden fence as I have been having issues for the last year with neighbours wandering into my garden, threatening me and generally just not being nice and knocking on my door late at night. As the missing fence was at the back of the property and the council were digging their heels about whether they were liable for this this was never resolved. So in Sept I contacted the council for an update to be told I was being investigated for the above. I was horrified so, asked if I could go in to see them to discuss the matter further so, arranged a meeting with my Estate Officer and her Manager. I went to the meeting and was served with the notice and basically given a few accusations (no evidence of these) which I was able to back up but was basically told I had 4 weeks to vacate the property and if I wanted to try and sort it out I was to seek legal advice. I immediately sought legal advice and my solicitor has since written to the Council stating that I did the sublet which they were aware of and was working through the week somewhere else but returned on weekends. The Council were made aware at the time of the sublet that I was working away at the time and still authorised it. As I still had a room in the house, my house was not entirely sublet and I did return to it. Also, they are saying I don't live at the property now. I do still work away and due to the issues with the neighbours I have been spending very little time there as I do feel unsafe and only stay there when my boyfriend visits. My subletters moved out in May this year and the issues with the neighbours worsened (I was then a young lady living alone) and felt very unsafe at times. I was told at the meeting that the situation with the fence would not be resolved until the situation with the Possession Notice is resolved. Anyway, prior to receiving the Notice to Quit I had applied for the Right to Buy the property which has now been formally accepted after me receiving the notice to quit. I only have 90 days to respond to this. My solicitor has advised me not to respond to this whilst we are working on the Notice to Quit as she feels it has only "leaked" through due to Coucil Depts not communicating with each other. However, the Acceptance of the Right to Buy has still not been formally withdraw. This is the part where the instructing letting agents part comes in. I did visit a few agents to get a feel for market values and possible rental rates etc but at no time instructed anyone to do anything, signed any contracts or even had anyone visit the property. The council are saying things like "I told them I was the Landlord" which I maybe did at the time but there was no way any of this was going to be or was pursued or followed up. I do realise that in doing that it was very premature of me but the way I saw it was that I was simply looking at options and as I later found out I would have needed a buy to let mortgage and it is also not legal to do this under the Right to Buy scheme. Hence, it would never have actually happened. My solicitor has written to the Council since I received my notice and they have written back with yet more different allegations against me that have still not been backed up with any evidence. It's very much this neighbour said this and some vague statements that have been taken out of context. The letters are also very badly written and their latest letter advises me to return the keys to the property to them asap or they will take me to court and I will be liable for all costs. None of the points made in my solicitor's letter have even been addressed. I am just baffled by all of this tbh, I am scared I am going to become homeless very soon, my legal action seems to make no difference as they do not respond to any of the points made in the letter and the Council are not giving me any support or opportunity to state my case or fight my corner. Unless they take me to court and I foot the bill. I do feel I have a solid case if it were to go to court as I haven't done anything wrong apart from make a few enquiries but if I were to lose, the thought of having no home and the legal costs to pay does scare me. I also would like to know where I actually stand with the Right to Buy, can I accept this or not? Also, could the Council be digging their heels in purposely for this to time out? As it has not been withdrawn so, I'm wondering if it would do any harm for me to send my acceptance back just to keep things moving? I have recently written to the Housing Liaison Officer at the Council to ask if there is any way we can meet amicably to discuss the matter further before proceeding further down the legal route. I thought this would have been the case initially anyway but I have been given no opportunity to do this at any time. I am now even beginning to doubt my solicitor as even she seems unable to fathom what is really going on. She is currently writing another letter which I've not seen yet but this is going to cost me another £180 and I just wonder if it is worth continuing down this route as the Council seem to have decided I'm out and won't listen to reason. Oh, and I had a call from the Council today to say they are coming to build a wall (not a fence) next week which has further baffled me. I have tried to contact Shelter but no one seems to come back to me. I just need to know where I stand and if I should possibly consult another solicitor or if anyone knows of any similar cases/outcomes? Alison
  4. Hi-I'm considering trying to reclaim some or all of my bailiff charges over unpaid (late) council tax. Can anyone please point me to any legislation or regulations that determine valid levies please? I'm confused as to why any walking possession agreement inside a house requires a signature yet it seems that levied goods outside the house are OK if not signed (ie a car or items from a shed/outbuilding) Who decides if a levy requires a signature or not? I'm pretty confident that I can claim my Head H fee back after reading the thread on here. I also have a removal of goods fee of £240 which seems a bit steep. All money has been paid,no goods were removed and no debt is outstanding but as the dust is settling,I feel as though I've been mugged. Any advice will be greatly appreciated
  5. hi i am new to the CAG, but would like some advice please. we currently have a suspended mortage eviction order. we have had this for 3 years. our arrears are £3300. we have to pay back our monthly mortgage payment of £495 plus £75 towards the arears. we are not behind with our payments until this month. we have only been able to pay £300 this month so we still owe £273. we have not been issued with a default notice yet but we will be. my question is will the default be for the total arears or for the £273, which i can pay this thursday. our building society is Chelsea and they will not enter into any negotiations. i know this through previous experience. i am worried sick about this as we have kids and i do not want to lose my home. any advice asap would be greatly appreciated.
  6. Hi I am hoping some one can give me a bit of advice about rossendales bailiffs. Last year a bailiff from rossendales visited my home and obtained a walk in possesion order for unpaid council tax. we came to an arragement that i would pay the oustanding balance over 8 weeks i stuck to this agreement and the balance was paid in full, however the bailiff has now returned with regards to another outstanding balance for unpaid council tax from a diffrent year he claims that he can use the old walk in possesion order to gain access to my property to remove my goods is this possible as the possesion order he obtained was from a older debt that was paid off in full ?
  7. I attended court in may where the judge granted HBOS a possesion order for my home as i have been unemployeed and unable to make payments. Infront of the judge the claimant from halifax stated the figures, which where £81.203.17. this was stamped and 56 days notice given. In the meantime i have agreed to sell the property for £87500.00, enough for estate agents fees etc, BUT when the solicitors dealing with the matter requested a final settlement fee, the halifax come back with £85672.40!!!!! as i have to pay an early redemption fee Its obvious that hbos assumed i wouldn sell when applying for the order, but i have and now they are stopping me from selling due to imposing this fee, as the £4000 fee was monies for moving costs. Any advice appreciated thanks guys
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