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Found 8 results

  1. Hi everyone, I have never posted in a forum before, but I really need some advice. Apologies for the lengthy post, but I just don't know where to turn. In April 2013, we were unlawfully evicted from our rented property. Knowing that we were away for a few days, the landlord entered the property, changed the locks and emailed to tell us he had done this and if we tried to gain entry he would call the police. We were behind on our rent. The landlord kept everything that we owned, except the few clothes we had with us. He then proceeded to sell our possessions at a local car boot sale. Thankfully my partners parents were in a position to take us in otherwise we would have been on the streets. I sought advice at the time from Shelter/CAB and they advised that we should seek legal advice. Although reluctant, we approached a law firm and based on the details we had provided, evidence that we had, they agreed to take on the case on a no win, no fee basis. Naturally the landlord denied everything, made up some crazy lies and would not agree to settle. At first, the law firm were very proactive but after sometime when it became apparent that this was going to be a lengthy drawn out process, their interest waned. The Solicitor who was looking after our case changed no less than seven times. Large periods of time would pass without any contact from them and then suddenly we would receive an email from someone saying they were now handling our case and we would have to go over everything once again. On the 7th December 2015, having not heard from them for five months, we received an email from a Solicitor that we had not heard from before asking why we had not returned a 'disclosure' form. This was urgent apparently and need to be with the court in two days time. We did not receive the disclosure and after investigation it transpired that it had actually been sent to the house we had been evicted from. We were sent another copy and duly returned without actually having the time to read or understand what the document was. Around the 19th December, the Solicitor now dealing with our case contacted me and asked us to provide him with our witness statements. I explained that we had already provided and signed off the statements (on two separate occasions) and as nothing had changed, we would like him to proceed with statements we had already given. I also explained that on the 4th December my elderly mothers home was destroyed by the floods in Cumbria. It was an absolute nightmare (she's 86) and I really couldn't deal with the case for the moment, so I asked him to carry on and I will respond to his emails, sign off any documents etc. At this point he became very aggressive. As he hadn't handled the case from the beginning, hadn't put together the witness statements etc, it was necessary for us to go through the whole process with him again. Bearing in mind this was the seventh solicitor to handle us, I stuck to my guns and told him they had everything that they needed to proceed, we had nothing to add and considering the circumstances with my mother, I really needed his cooperation and understanding. Christmas came and went and on the 12th January, we had the opportunity to get my mother away for a week to my brothers place in the Highlands, whilst he came to Cumbria and helped deal with the aftermath of the flood. I emailed the Solicitor, informed him I would be back on the 19th and I would be able to answer any questions, sign off documents if needed on my return. What followed was a series of aggressive letters from the Solicitor (whilst we were away from home), culminating in a letter sent on the 18th January, dismissing us. He had contacted the court and asked to be removed from the case, which the court agreed to. We were devastated by his actions. In a panic, I contacted the court and they advised I should try to find another law firm or handle the case ourselves. I contacted several Solicitors but no-one was prepared to take the case on a no win, no fee basis. We had received our case files from the law firm, which the solicitors looked over and it transpires the whole thing was a disaster. The litigation was very weak, the vast majority of the documents were just a copy/paste of the information I had supplied by email (including errors) and with so may Solicitors handling the case opportunities had been missed and mistakes had been made. I contacted the court repeatedly, keeping them informed of the situation, but eventually we ran out of options. We couldn't afford the fee of £500.00 to continue the case ourselves and even if we could, neither of us had the confidence or knowledge to take it on ourselves. We had to withdraw from the case. In June 2016, we were informed by the court that the case had been dismissed and a hearing was to be held on the 1st November. Not knowing what to do, I wrote to the court prior to the hearing, explained why we were unable to proceed. We also responded to the financial claims made by the defendant. He claimed that he paid our outstanding utility bills, but provided no evidence to back this up. He claimed that he had to replace the carpets, but gave no proof of this. He claimed that he had to have the house treated for wood worm even though we had only been in the house for 10 months. There was no mention of the £1000.00 deposit that we had given him to secure the property, which he failed to protect and was part of our claim against him. Needless to say. nothing that we brought to the attention of the court was considered and on the 12th November we received a General Form of Judgement or Order dated 10th November informing us that we had to pay almost £13k by the 15th November. Three days to pay. We are poor people. We have a household income of less than £900.00 per month and we simply do not have the means to pay. We have no assets, our house is furnished from charity shops, we don't even own a car. We just about get by every month with the help of a credit card which we owe £2k on. I just don't know where to turn. I am quite frankly terrified. Can anyone give us some advice on what to do? Does this mean we now have a CCJ? It states that our property can be taken, but we don't have anything of value. Can our wages be taken? We would lose everything if this was the case. In April 2013, we lost everything and I just don't think I could handle losing everything again. Any assistance/advice you can give will be greatly appreciated. Many thanks Ally
  2. Hi, I wonder if anyone can give me help. My husband has been on DLA & Income support for several years, now they say he has to be on PIP. He has various mental health problems over the years now he has another one, he will not leave the house, he has only left the house 3 times in four years twice during a heart attack and the last time last year with a severe panic attack, on all three occasions he was in a ambulance and off to hospital. He is frightened of so many things (to many to mention) but two of the things he is most scared of is hearing people talk, and germs. So he will not go and see a GP, he discharged himself after a few hours in hospital after his second heart attack, (which was brought on by me telling him that I have had enough, and was demanding that he see a GP) . This is the problem, he has to have a visit next Monday 25th at our home, there is NO WAY he will agree to that, so what shall I do, I have a appointment tomorrow with his GP, I was thinking of asking for a letter from him telling them that he is too ill, our old GP did this two years ago, but they have just ignored this. I do know that they can not just take my word for it, that he is too mentally ill to speak to them, he wont even speak on the phone to people. When they wanted a face to face about 2 years ago, and he would not attend, they cancelled his claim, he had a Tribunal case, (which he would not attend) they eventually awarded him (after the second tribunal) his claim, and they back dated his money. This took months of having no money, I am frightened that this will happen with his ESSA as well, the only reason they have not bothered yet, is because they said a home visit will take time to arrange? All this is keeping me awake at night, he will not see anyone, he wont go anywhere, all I can do is go to see his GP. Has anybody got any ideas what I can do.
  3. Hi, so in a nutshell, I am helping my husband deal with the csa and have been for the past 10 yrs. We desperately need someone who knows about such things to advise on what to do as now they are seeking a final charging order on our home. Background info: His case is clerical and started in 1997. In 1999 both he and his partner (the pwc) wrote in to ask for the case to be closed as they were back together. The csa ignored this and kept it open until 2001 charging my husband weekly maintenance and thus building arrears. According to the child support act 1991 as they were living together at the time, there would be no qualifying child and therefore no liability on my husband. A new case was opened in 2006 under csa2. There are arrears but these have been generated due to maladministration. He has paid regularly until he had to go abroad to work for several years. He informed them and was told a nil assessment applied. Just over a year ago after several years of quiet from the csa they sent a demand for £20000 arrear payment. He instructed a legal csa specialist to act on his behalf as he was still living away. They proved to be not as able as they claimed. Last year he returned for good after being made redundent. The csa pursued the amount of £30000 arrears even though it was already in dispute and they had contact with myself and the 'specialist'. This has progressed to the granting of a liability order and an interim charging order on our home. Now in a month he has to go to a final court order hearing. But the amount is still incorrect and I know that the judge will not be able to question it on the day. I have been in touch with the enforcement at csa and they told me to write it all down to them which I am doing any way as he is contesting the action. My questions are: 1. Where do I send the copy of the letter served to the csa(claimant) for the Judge to read before the court date. 2. Does he need any forms such as an n245 to put our case across. 3. As he is liable for some debt and even though there is no equity in the house. How doe he apply for conditions to be attached to the order i.e a) No further legal action until our children have moved out of the home. b) Implentation of an instalment order for over 4/5 years. Thank you for reading this. And just for the record, in case it makes a difference, he is paying and has been paying for many months his weekly maintenance and an arrear payment. So he is doing all he can but they just wont stop.
  4. I will try and keep this as short as possible but would appreciate any help. I purchased a guitar at the beginning of February on the internet from a retailer. After arriving 3 days late I kept it for about a fortnight and noted all the issues such as grooves in the neck and an uneven finish. I then contacted the retailer and he said he would pay for the guitar to be returned so he could inspect it. He took note of my faults and agreed but said they were part of a normal standard and would be found on any guitar. I have asked for a replacement or refund but since then have been told that I have OCD! and that if I was remotely normal he would exchange the guitar. He has also said that I am a bully and that if I am willing to accept £100 off the original price he may refund me. He has tried to ship the guitar back to me but I have said I would reject it. He has also told me if I take him to small claims he will prove beyond reasonable doubt that the guitar is perfect. I have now asked my bank to investigate this refund for me as I paid by visa debit but am worried as this may take up to 21 days and there is no guarantees. I have tried to be reasonable with him but he seems to be making this personal and has resorted to name calling. Any advice would be gratefully received as this is beginning to stress me out and I see no reason why I should put up with his verbal crap. All communication up until now has been via email. Thanks in advance.
  5. Afternoon Everyone, Advice needed, or alternatively, a lift to Swansea!!! I'll try to be brief, and to the point. Hubby went for job interview, last Monday morning, as a CE Driver. Took licence with him to interview, only to find out, CE entitlement had been removed Phoned Swansea, their reply "As you didn't meet the sight requirements, we revoked your licence" Rewind back to last year, Hubby went for his medical, as required, and the Numpty (as he will now be known! Lol) forgot to take his glasses. DVLA wrote to us and said he had to take another eye test, which he did, and he passed. Eyesight test was on the 27th, form had to be back ioth them by the 30th. Form was posted on 27th, so would have been back in time, however DVLA didn't scan it on to their system until the 7th, hence being outside their deadline. Numpty, however did not pick up on this when his new licence arrived, he, and I, just assumed as we had sent the new eyetest off in time, everything was ok back to this year, filled in Form D2, emailed to DVLA Monday 10th February 2014, received read receipt at 13.40. this time, we have proof they have the form!!! Phoned them, to be told it takes 72hrs for forms to be scanned on to their system. will phone back Thursday. Phoned Thursday to be told, it sometimes takes longer. phone back Saturday, to be told "There is currently a back log, we are dealing with emails received on the 8th. we'll wait a couple of days, and phone back then. Phone back this morning, it's now over a week since form was sent in. Guess what, they still don't have it. They're now processing emails from the 13th, they've gone straight past it, but they haven't lost it?! But to send it in again, I mean WTF? we can email again, even though they lose them, or we can post them, but know full well that it will get delayed Where is the accountability? How can they get away with this? How can they blatantly lose something, and deny they have? And whilst all this is going on, we have no money coming into the house. so we're having a fine old time here Just so, so cross with them! And to make it seem worse, Numpty's medical is fine, his photocard is fine, every god damned thing is fine, apart from 1 box with a cross in it, and his signature, and yet they still can't issue a licence!!!! Arrgggghhhh!!! :evil::evil:
  6. I am hoping someone here can advise me as I am at my wits end! My husband's aunty left home on 29th November to escape an abusive relationship for which she is receiving counselling. She came to live with us with a few meagre possessions and no money, bar an ISA. I have absolutely no clue about the benefits system but have helped as best I can. We went to the job centre (chocolate fireguard comes to mind) and they were of very little use. We went to a meeting with a department from the counselling sessions that we were led to believe knew about benefits, they merely gave her two phone numbers, one of which was wrong!. Then we went to CAB who advised her to apply for ESA and PIP. Although the adviser admitted they dealt with debt not benefits! To cut a long story short it has taken us till now to even get a form from ESA. It has come and we haven't got a clue how to fill it in for her. A lot of the questions don't seem to apply to her. She has now been away from home for over three weeks without a penny. We are able to support her but she needs to be getting more independent and knowing what her future holds. Can anyone advise on how to fill this form in... .I would be so grateful!
  7. Hi all, haven't posted on here for a while as I did the whole CCA thing which produced no countersigned copies, got the usual harassment letters and phone calls which eventually died down. This was pretty much 3 years ago. Now I have received CCJ letter from a court in Northampton for £9,290. I don't know what to do and am at my wits end. I live in Essex and the thought of going up to Northampton fears me with dread. Can someone please explain what I have to do and my options. By the way I should mention that I received a letter from a company called "Money Save Solutions" at the same time as the CCJ letter offering help with my debt. Should I take them up on their offer? One thing that really worries me is that they offer to protect my home/car etc. Could the court issue baliffs to pay this debt or is it a case of reaching a payment plan? Please help as I am really worried. Many thanks,
  8. Please can someone help me? I have been crying all morning and am worried sick. I received a letter this morning from court for a hearing on the 02.08.12 'Claim form for Possession of Property. My mortgage company contacted me at the end of May to re-set up a direct debit. I returned the forms and assumed everything was OK. I called them on Monday to ask why my Direct Debit had not been taken and they said they didnt receive the forms but i now have received a court date so I'm was too late and have to pay my arrears in full else court They are just over £5k and I cannot afford to pay in full. I offered £200.00 a month on top of my monthly mortgage payment of £392.00 but they refused. I asked them to resend the forms again which I received yesterday upon my return from work. I have sent the direct debit form back recorded delivery today. What will happen to me in court? Will I loose my house? I am petrified as I have 7 dogs and m father who is 84 lives with me as I am his full time carer. Please help me.
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