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Found 35 results

  1. Hello, I'm in a spot of bother with Erudio. Thought I was being clever/daring etc... by returning their letters over the last five years last week received a claim form through the post, at which point I (sensibly) lost my nerve and found CAG whilst searching the internet for help. Have followed the advice in the small claim thread, filed my AOS (today), and written CCA Request and CPR31.14 to post tomorrow. Details of claim below: Name of the Claimant:Erudio Student Loans Limited C/O Wilmington Trust Date of issue: 21 NOV 2018 Particulars of Claim: 1. The claimant's claim is for monies due from the defendant under the regulated agreement(s) between the defendant and Student Loans Company Limited under master reference xxxxxxxxxxxxxxxx, and assigned to the claimant on 22/11/2013, notice of which has been provided to the defendant. 2. The defendant has failed to make payments in accordance with the terms of the agreement(s) and default notice(s) have been served pursuant to the Consumer Credit Act 1974 3. The claimant claims the sum of £7116 4. The claimant has complied, as far as is necessary, with the Pre-Action Protocol for Debt Claims Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?Possibly. However, any post relating to Erudio would have been returned to sender What is the total value of the claim?£7626 (including court fee & costs) Is the claim for - Mortgage style student loans taken out between 1995 and 1998 When did you enter into the original agreement before or after April 2007 ? Before Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Don't think so. Experian rating was 999 as of 26/11/18 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim Erudio Student Loans Limited Were you aware the account had been assigned – did you receive a Notice of Assignment? I was aware loans had been sold to Erudio, and was sent a notice of assignment, but returned it. Did you receive a Default Notice from the original creditor? I don't know. (sorry) Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I've been returning post about once a year. Why did you cease payments? My income has never been over the threshold for repayment. Whilst the loans were held by SLC, I deferred every year. I took an ideological stance when the loans were sold to Erudio and decided to return letters with a RTS label. I thought it was worth a try. (What a wally!) What was the date of your last payment? I last deferred 25/04/2013 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan No I have written the CCA request and CPR31.14 and these will go in to the post, recorded delivery, tomorrow. I have also registered with MCOL and filed AOS, ticked 'defend all' and not ticked the 'juristiction' box. I'm following other threads concerning Erudio. Next step? Await response and start researching legal successes for suitable defence? Thank you (feeling very grateful to have found you!)
  2. name the issuing court: Kirkcaldy Who Is The Claimant: Cabot Financial (UK) Limited, Marlin House, 16-22 Grafton Road, Worthing, West Sussex, BN11 1QP Who Are the Solicitors: Simon Nolan (Nolan’s Solicitors) What type of action? : Simple What is the claim for – 1. on 21/09/2015 the Respondent entered a credit card agreement with NEW DAY LTD under which the respondent borrowed from them a sum of money repayable on demand. The said agreement was an agreement regulated under the consumer credit act 1974.. 2.The Respondent failed to pay as agreed on demand and is in breach of contract with the said NEW DAY LTD. The said supplier assigned all rights in the said debt of £3079.52 is the sum sued for. 3.The Claimants have made frequent requests to the respondent to make payment of the said sum but the Respondent has refused or delayed to do so. date of raised claim :- 20 November 2018 Last Date Of Service:-14/12/2018 Last Date For Response:- 4/01/2019 What Documents are listed in Box E2 1. No defence – No evidence required. 2. No Stateable Defence (rule 4.4 breach) 3. Defence on Prescription- copy statement of account only. (Agreement must be admitted to plead prescription. So agreement not required.) 4. Denial of Agreement – Copy agreement dated 21/09/2015 N.B Generic rule 8 order should never be issued. The facts of each individual case must be considered. It should never be appropriate to have to plead such as assignations or default notices until/unless specific defences are led. The salient feature of assignation is that it does not require the consent of the defender and the averments in this form are sufficient to confirm intimation. Default notices should never be plead due to Omnia Praesumunter Rite Acta Esse (trustees of the Scottish Solicitors Staff Pension Fund v Pattison & Sim, CISH 96 and Trayners Latin Maxims, p419 420) The claim is for a credit card from Aqua BOX D5 what has the claimant stated: The claimants request that the court order the respondent to pay the sum of £3079.52 When did you enter into the original agreement before or after 2007? AFTER 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.:- It is the debt purchaser who issued the claim. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Not sure, sorry. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - Not that I have noticed When was you last payment:- 23 June 2017 Why did you cease payments:- I could not afford the payments, I lost a lot of work and my income went down so low that I was unable to keep up the payments. Was there a dispute with the original creditor that remains unresolved? NO, but I dispute the amount I am being pursued for on the basis that my credit limit was only £1500 yet they want £3079 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ? Yes, I offered to pay £10 a week and although they did not formally agree I continued to pay the £10 until June when I simply could not afford it. I have been served with this Form 6A, the simple procedure for notice of claim from Cabot regarding an Aqua Credit Card I had. I have no idea what to do as I am owe money but not £3092, my credit limit was only £1500! Can anyone advise? I only have a few days to respond and dont know whether to ask for time to pay (I have very little to spare, if anything due to my current financial circumstances) or to dispute the claim and stating the reason as being the amount is in dispute... I have filled out the parts requested to the best of my abilities any help is appreciated, i did not realise the date to respond is 4 days from now so im a bit panicky.
  3. Hi, Please could someone help. i have received court papers from Lowell Solicitors and have borrowed the money and paid it off, but do i still have to fill in the forms from the court? all it says is, 'if you admit the debt, either pay in full to Lowell or ask to pay in instalments' if i have paid is that an end to it or does it still go to court? sorry if I sound a bit stupid, but it just isnt clear! Tia
  4. There has been some thug called Carl going around, breaking into people properties near me for months, but the Police couldn’t catch him The weirdest thing about it all is he was breaking in just to ruin their washing machines by putting house bricks in them and then turning them on! really weird if you ask me.... Anyway, just read that he has been caught by the police drugged out of his mind in the local park and has been jailed for 10 years it’s nice on two fronts, first a criminal has been brought to justice and the second is that washing machines live longer with Carl gone.
  5. I made a complaint against a county court which was uphold by the Ministry of Justice. As a consequence I issued a claim for compensation. I sent my claim to the County Court Money Claims Centrer requesting that the claim form was sent back to me so that I serve it myself on the defendant along with my particulars of claim within four months what I did. However I have received a letter from the solicitor of the defendant telling me that my service of the claim form is defective because according to CPR 6.10 I should have sent my claim form to the solicitor acting for the Government Department and not to the Ministry of Justice because it is a claim against the Crown. This letter invites me to serve again my claim but this time on the defendant’s solicitor. However I am reluctant to do this because it is now more than four months that I issued this claim and it could be struck out at a hearing because of the limitation issue and I could be ordered to pay the cost of the hearing. I cannot also issue another claim because it will be outside the six years limitation period. I would like to know what to do to save my claim. I would like to know if I can write a letter or make an application to the court asking that it order the defendant to accept that the claim form was properly served on it and to order the defendant to respond to it even though I did not sent it to its representative contrary to CPR 6.10? Maybe I can put forward the following explanations a) I am a litigant in person and I did not know the CPR contrary to a professional lawyer b) I was not aware that the Ministry of Justice was the Crown c) The address that I used when I made my complaint was always this of the Ministry of Justice so it was difficult for me to imagine that the claim form should be sent to another address d) Maybe I can say that CPR 6.10 is confusing and when it says that we have to serve the claim form on the defendant’s representative this could be interpreted also as being served on the defendant who will pass it to its representative as usually it happens. We think that we can serve directly on the defendant’s representative or indirectly by sending it to the defendant who will pass it to its representative e) I can maybe say also in this simple letter that anyway the defendant has received my claim and it should have sent it to its representative because its representative replied to me and as a consequence finally my claim has been served on its representative because he has finally received it. I can maybe say that if I have not served myself my claim form on the defendant's representative the defendant has served it itself on its representative. And that the defendant want to take advantage of a technicality not to respond to my claim f) Another issue is that the defendant has waiting more than one month after receiving my claim form before its representative informs me that the service of my claim form was defective. I would like to know if I can advantage of this if my claim was really defective he should have tell me before or respond to my claim within 14 days of receiving it as required by the CPRs? g) I would like to know also if the fact that I have not complied with CPR 6.10 because I have sent my claim form to the defendant instead of having sent it to its representative is a reason for the defendant to ignore my claim form and not to respond to it because after all its representative has finally been given my claim form by the defendant itself? Or this gives the right to the defendant only to make an application to have my claim struck out for this reason or to ask for more costs? The question is whether I have enough grounds to save my claim or it is better that I simply abandon it?
  6. Hi I have just received a change to my credit file alert and when I checked it is a CCJ added by County Court business centre. I do not know who has issued it it just says the amount. It was served at an address I moved from 18 months ago. Can I get this set aside and find out who has issued this? thanks
  7. I have just been reading through this thread and found, it is a very similar situation as I have. I entered a dmp in March 2009 and one of the accounts included was an MBNA CC. The account was never defaulted but marked with a dmp marker. The account was paid in full and closed in June 2013, so consequently as no default notice was served the account is still being reported on my credit file. I have contacted Moorgate as they purchased the debt to request the removal of the account and they referred to MBNA who refused to do so. I then raised a complaint with the ICO who advised that although their guidance at the time was that a default notice is served as nominal payments were agreed, they have to use their most up to date guidance and as the account did not meet that criteria they would not do anything further. I have also written to fos who have now replied to say that as the incident took place over 6 years ago they are unable to investigate the matter without MBNA consent, which has been refused. I think my only remaining option is to start legal proceedings under the DPA unless anyone else has any advice?
  8. Hello, I am not entirely new to the CAG forum, but forgot my old login, today I had a horrible surprise, and I hope someone might offer some assistance as to what the best practice would be to go forward. This morning I opened a letter that said a company has obtained a judgment against me and require payment of £1300 I did not receive a letter from any courts regarding the companies claim, but it seems they have me in a rather unhappy position. I am supposed to pay by the 29th of this month, this was for a bill that was £50. Had I been informed of court action, of course I would have made a defense. I have spent many years recovering from debt and this year I have just started to get my credit file back into the green, waiting 6 years for an old debt to go away, so very sad.
  9. We've been served our Section 21 notice, 4 months into a 6 month contract. The reason ... they claim we're "not happy in the property". However, we found several leaks through the roof, one through a ceiling in a bedroom and the main bedroom had mold growing on the ceiling. I informed the landlord of this, they got a professional roofer out and he told them it needs a new roof. They get 3 other quotes and get told the same thing by each of them. During a phone call, she claims the roof didn't need replacing and it was my fault! I had used a brush to brush off the moss from the roof, the previous tenant had paid to have the other side fully cleaned off, oddly both leaks were on that side of the roof! Anyway, you get the idea. My question is; our tenancy runs out on 15th July, we've found somewhere but can't move in till 21st July, 6 days. I have a feeling the landlord would be a complete [something not overly polite] and refuse us. Question is - if we pay the 6 day difference and stay anyway, can she do anything about it? Takes weeks to get it all taken to court anyway I believe. They may just be agreeable, but covering my back just in case we have to make other plans...
  10. I am in credit card debt with the Nationwide of £5400, through illness, too many priority bills to pay. I asked Nationwide for CCA and they couldn't provide it several times. they sent me the application form. I put in a complaint to FOS and informed Nationwide that I wanted to pay the debt, but on condition that the interest was frozen. Also got a letter from FOS to say it will take 12 weeks and to let them know if any legal claims were made to me from Nationwide. I have just received today by post, an ordinary civil bill, from a solicitor, who also informs me that if I defend my case, I will be out a lot of money. Why have they suddenly went legal on me, and threatened me when it was their fault that they have to say" sorry we have not replied to your correspondence" No CCA and then this? Advice please, I am so fed up with Nationwide, ou can't win no matter what you do?
  11. Hi looking for some advice, I have been served with a N39 to attend for questioning over a debt with Welcome Finance on November 6th, however, I will be attending the same court on November 11th for a bankruptcy hearing for which the Welcome Finance Debt will be part of.. .question is will I still have to attend the N39 hearing if i am going to be made bankrupt 5 days later??
  12. 1st Credit have replied stating they do not have my cca and that at present they cannot enforce the debt:). A paragraph from the letter says "you have not specified upon which ground you rely for your notice under s10 of the Data Protection Act and therefore we do not consider this valid: furthermore this is not a valid request as it falls under the exemption in Schedule 2 section 2(a) of the Act" could someone kindly decipher that paragraph for me!!!:-|
  13. I feel bad coming here for help but please bare with me About 20 years ago I was taken into my local DSS office where I admitted claiming benefits while I started a new business. I was given the option of paying back the amount I owed or go to court. I agreed, of course that I should pay this back and as I did, I also received a summons and was sentenced to prison time. At this point It felt unfair as we had agreed to pay and not face court. However, I had taken the benefits. I stopped paying the money because of this. I felt the prison time served was enough. why should I be punished twice? However even though I have not been on benefits since I am now starting to get demands for the £2000 with court action threatened. I am not on benefits but am self employed,on a low low income and so am worried. I know I can make an offer to pay weekly, I was wondering if I can make a request to see the original paperwork to see if the court or pay option was recorded. Also, is there a statute of limitations on such a debt after so long also. Thanks
  14. Hi, I've followed the previous threads on erudio from earlier in the year. I received the same letters as many others between July and August, except mine were from shoosmiths solicitors rather than drysdens. After reading the advice on these pages, I decided to ignore the letters, they stopped after three. I have just had sheriff officers at my door serving me with a charge for payment of money within 14 days. My student loans were from 96,97 and 98. All old style loans. I deferred for a couple of years and then moved house and forgot about them. They traced me in 2002 and I was served with a court paper for March 2003. I never turned up for this hearing, although I did fill in the income/expenditure forms. I heard nothing afterwards, no letters, no requests for payment. My credit rating was pretty poor from other debts while at uni, I had a pretty basic bank account for a few years, managed to get a new account and credit cards no problem in 2006 and a mortgage approval in 2008. There's nothing on my credit record and I have an excellent credit score. I just wanted to let people know that, although it may be rare for these firms to enforce a ccj after 11+ years, it looks as though they can. Any advice appreciated, thanks.
  15. Just to clarify - I'm the tenant here! Here's the situation - we have a fixed term contract with a private landlord and we served a notice to leave, which was accepted by the landlord and their letting agents, who in turn served us with notice 21(1)(b) expiring on 30 December. We are due to move out on 10 November (the expiration date of our own notice) into a new flat . However, we were just told by the new landlord that there's been a leak in the new flat, which might prevent us from moving in on 10 November - he's not sure when we could move in since some of the electrics might have been affected (the leak came from the flat above and the water went into the wall behind the storage heater/electrics cupboard/one of the bedrooms as well as on some of the carpets). As far as I could find out from some online research, we now have a couple of options: 1) Move out on the 10th as agreed and into a hotel/temporary housing while storing most of our belongings - I assume the new landlord's insurance should pay some/all of this extra expense? We then would move into the new flat whenever it's deemed habitable (that is, the electrics have been checked and the walls/carpets dried out). 2) Not move out of the current flat until the new flat is ready. I understand that our own notice has merely terminated the fixed term of the existing contract but then if we don't move out then a statutory tenancy automatically begins, which would terminate on 30 December as per the notice 21(1)(b), which we have already been served. Is that right? If so, then: - do we have to give further notice to move out after 10 November (when the fixed term expires)? This would be difficult since we don't know when the new flat would be ready for us to move into. - would we be liable for rent until 30 December? We would definitely want to avoid this. - is it right that the landlord would not be able to evict us/make us leave until at least 30 December? If the above is not correct, then do we have any statutory rights to remain for any period beyond 10 November? Again, there is the question of who would be liable for the extra expense but at least we wouldn't have to move twice! 3) Not move out of our current flat and try to find a new flat. The new landlord offered us to get out of the contract but we are not keen since it was really difficult to find this one (also see below). A further difficulty is caused by my wife currently being over 8 months pregnant with our second child and our first is only 1.5 years old. We have no help/relatives around, so the original move date itself was already a big compromise (we really needed the extra space and the new flat is great). Therefore options 1 and 3 would be quite difficult and option 2 might also be messy - we really don't want to have to move +/- 2 weeks around the due date. However, option 2 seems to be the only realistic one at this point (assuming we can flex the move in date with the new landlord). We already checked with our current landlord and received an immediate "no" to our request to stay a couple of weeks longer as he has plans to sell the flat, has booked flights to move in the day after we leave (he lives abroad), etc. Although we understand this, I don't see what else we could do?
  16. Hi, Really hope for some advise here, I have today when I was working from home very unexpectedly been served with an N39 form. I had taken a loan from Welcome Finance in 2008 as a much younger man, then through a series of circumstances moved away and failed to keep up repayments on the unsecured loan. It had not even crossed my mind until last year when (this is important as i would like to have had the judgement set aside) I was served totally out of the blue with a CCJ, the hearing had been and gone and I had no and I mean no awareness of it what so ever. Then today I have been served with the N39 and much attend court to go through my finances. I am in a position to pay the order, despite my own personal feelings on it. However I have no idea, how where or whom to pay the address on the court order provided for Welcome Finance is for the company that is now in default and no longer exists. I presume I should write, recorded to them asking for payment options etc.. . Any advice would be very gratefully received. Many Thanks
  17. Hi All, Just looking for a little advice with this one. I have an oustanding Payday loan with a well known PDL company. Needless to say I got into financial difficulty and was unable to pay the full amount; they refused to accept any proposal, so I sent the letter offering and ignore everything else. I went through a period of about two months where I was getting up to 10 calls per day on my mobile and home phone line from them with just a recorded message. Some as late as 9pm. Complained regarding telephone harassement, still continued, threatened OFT and Trading standards complaints. Calls stopped, and then the snail mail battle began: On 17th Sept I received a Default Notice from this company. Dated 13th September with the following wording: Firstly I've taken note that they have failed to allow for postage times and the actual date that the Default Notice was effectively served on me. So to start with their breach date is quoted according to the Default Notice as 27/09/2012; whereas it should be 01/10/2012. Secondly I have received another letter today dated 20th September advising that as I have failed to respond my account is now in default and is in the process of being passed to a third party for legal action. So strike one with the incorrectly served default notice, and strike two with the account being placed in default 7 days before their Default Notice indicated and 11 days before the legal breach date. Can anybody offer any advice as to how to word this in a letter to them? Another quick question I have though, if somebody could be so kind as to assist. On their Default notice; the address they have provided is not included on their Licence. Does this mean they're canvassing or conducting consumer credit related business from an unlawful address? Thanks in advance
  18. Hi, I was not really sure where to post this and I'm in a bit of a flap so please forgive me and point me in the right direction if necessary. I sub-let a small workshop for my business and have been in there almost 18 months. The lease states a start date and then goes on goes to say it continues on a year to year basis until the tenant or landlord terminates. Today the landlord served me notice and wants me out by sept 14th the lease does have what I believe is called a break clause which is worded as this 10.Upon 1 months notice , the landlord may terminate the tenancy under this lease without cause or reason. It also offers this option to the tenant in section 11. I'd like to understand my rights as far as this goes 1 month is no time at all to find another place and shift my stuff, I'd like to stay if possible as I have spent quite a bit of money on the place. Just to clarify I have not breached any conditions and rent is up to date. Thanks.
  19. Hi there, I was parked on a single yellow line on a sunday not realising it was a CPZ. The car was in my full view and I saw an officer approaching. I ran out and by the time I got to the car I said to him "I don't see any signs?" and he ignored me and started punching in on his machine. I quickly got in the car and proceeded to drive away. He took a picture as I was doing this. I received the PCN in the post and it states that the officer was prevented from giving me the PCN. When I clicked to view the evidence online, there is only one photo of the front of the car (no side angle pictures). The picture could have been taken anywhere - there is no evidence from the picture that this was a CPZ and furthermore you can see me sitting in the drivers seat!! Would I be successful in appealing this? If not, will I still be able to benefit from the reduced rate? Thanks
  20. I have another niece who unfortunately has got into trouble Lloyd bank loan taken out circa 2007 Last payment 2009 SD served on her in person in around October last year, by the time I found out about it, the 18 days had long since passed. I emailed Lowell's to buy time really, just saying I/she didn't think the SD had been served correctly, and need a bit more info, so intended to submit a SAR, also mentioned she had recently given birth to a prem baby, so tread carefully, and only write. Lowell's wrote, giving the address to send SAR was them, we duly did that and enclosed the £10 fee, just before Xmas. Response arrived a week ago, but not a great deal of information, no statements, no agreement, just basically Lowell's stuff, no Lloyd's paperwork at all, and a photocopied court form which absolutely never arrived at nieces address. They have also included a Lowell's statement for a 2nd Lloyd's loan which I didn't notice until Niece had left, so must ask her what that is. I'm now thinking we were supposed to send the request to OC, I.e. Lloyd's! I'm really sorry to be a bother, with not only my own problems, but nieces too! We are a nice family really, just having a tough time As always help would be appreciated.
  21. Hi all - sorry in advance for the essay, but I'd be grateful for any advice. We forgot to pay the rent at the beginning of this month - my wife handles the bills as I have a mental health problem which affects my memory, and we had worked out the stress of bills makes it worse, but as she now handles most of the household I really can't blame her for a solitary mistake. I have been in quite poor health recently, and she has been particularly badly treated by our employer, so it's been quite stressful for some time. She hadn't realised that she had forgotten, but today we received an S21 notice from the landlord, dated the 22nd Jan and stating they require possession from the 29th March. It was only after seeing this that she checked back through our accounts and realised the mistake. I am assuming that the S21 is as a result of this, but I'm not 100% sure - we've had no other contact from them for months, other than the occasional pre-paid envelope to send any errant mail to them, nor have we had any problems. The only rent-related issue was a couple of months' over-payment when I was in charge of it, which they righted without quibble. The complication is that the house is currently for sale, and we are additionally planning to emigrate around the middle of the year. If we were to leave at the end of March, that would really affect our planning as we're only likely to get a minimum 6-month tenancy anywhere else. If we cut our losses and leave ASAP, giving one month's notice, we would obviously still owe the arrears. I'm just looking for some advice on how to approach this. I plan to write to the LL and offer extra on top of our normal rent each month to catch up, but I'm not sure whether to also give them notice to quit. In order to keep up with our plans, we would need to find somewhere else within the next 5 weeks, assuming a 6-month tenancy. To further complicate things, the wording of the cover letter for the S21 seems to imply that the tenancy could still continue!
  22. before Christmas we had some financial issues the monthly payment for UU couldn't be paid -I actually cancelled it to avoid charges. After Christmas I got a single reminder letter for the bill -about £180 pound left. at the start of Jan I logged onto the online service and set up the direct debit, this would clear the full balance via 3 higher direct debits before the end of March ready for the next bill to start as normal. This was accepted online and I also received a email confirmation a few days later. last week I got court papers from UU for the bill. Now I know I will have to pay the £180 and I have no issue with that, would prefer to pay as previously arranged, but can try to scrap it together over the next few weeks to get rid of it. However I am annoyed that one department accepted an arrangement then later another department issues the court documents. I also don't believe I had a LBA just a single reminder. Plus they have stuck an extra £50 "solicitors fee" on the claim form, but I thought you couldn't claim for costs in the small claims court? For information we are not on a meter-there are 6 of us so would cost us more. Thanks Ali x
  23. Hello anyone. I have posted on another thread under message header NRAM & Wallers as I hadn't seen this thread. Don't know if it is possible for admin bods to move and merge threads please. Anyway latest news now is that we have been sent an eviction notice, N54, with date of just under 4 weeks from today. Any ideas of how to overcome this. Having read other threads I have already printed out the N244 and advice sheet. I know we can't do anything courtwise until Monday but at least we will have the weekend to get the rude names for NRAm off our chest. Thanks in advance.
  24. 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
  25. Hi There... I have a really abusive tenant who is on a AST in my property.She is now over 4 months in arrears and is incredibly abusive when i try to chat to her to sort out her issues. In the end Ive had enough and issued her with a section 8 notice. I need some advice relating to how I need to proceed with court papers now. Any help would hopefully put an end to all this stress this horrible person is causing my family. MJack
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