Help - Eviction

[mashmallow]

Dear CAG,

 

Can anyone help me out here. My son has been issued a court order for reposession, yes there are rent arrears but this was not the only reason why he is being evicted, the landlord wants his property back to sell I think. Anyway the council advised my son that he has to wait to go to court and then wait till the bailiffs come to evict him, only then he would be classed as homeless. Well today he went to the homeless persons unit and they told him basicially he is not priority and not guaranteed or words to that effect be housed.

 

Apart from all this is the court cost and other fees from the letting agents solicitors which all mount up to about £800, my son is unemployed so I guess because i stood as gaurantor they will come to me for the money. What gets me if he knew he was not going to be housed by the council why would someone be it anyone get taken to court and cost themselves £800 only to be told to naff off. He has been on the bidding list for three years now and nothing yet Barking & dagenham has housed all the immigrants and no doubt illegal immigrants. God I feel like screeming can anyone tell me what to do and if this is justice on people that have been born in this country and and went to school and have no where to live. Please can someone help me out here.

 

Mashmallow

[mashmallow]

Dear Caggers anyone out there that could take some worry of my head. My son is being evicted this month, firstly he was told by the council not to go but to go to court and even after court he has to be physically removed by baliffs before anything could be done and he was not classes as priority. A letter has come from the landlords solicitors hith a bill for £511.00 for cost etc., my son is unemployed and I stand to pay the bill it seems. He went to the homeless persons unit only to be told he is not priority and the council could not help, so this has really baffled me either I am so thick or they are just bastards. I have ended up with a bill for £511 if I go to court or if I don't and I will lose whatever money I have paid up front beacuse there are some arrears. What do we do go to court and contest this or should he just move out. Please can someone help.

 

Mashmallow

[Planner]

My understanding is that once the court process has run its course and you have been evicted then the council must consider you a priority.

 

Ring Shelter, they will give you the full low down;

 

0808 800 4444

 

Shelter, the housing and homelessness charity - choose your location

[mashmallow]

Some advise please, my son has just been given an eviction order, forthwith. There are arrers and costs incurred, yopu is liable to pay off these debts is it my son or me as I stood as guarantor? Do the costs have to be paid immedaitely?

 

 

Thanks

 

Mashmallow:confused:

[Planner]

The judgement will say who it is against. Are you sure its not just an eviction order at this stage?

[raydetinu]

by eviction order do you mean notice or order from the court to quit the premises and you have date? If it is from LL you can ignore if you want, he needs an order from the court.

as guarantor what sort of form did you sign, was it witnessed. I believe that for this form to be legal it needs to be completed as a deed, you may need to see a solicitor on this.

[mashmallow]

Thanks for replying, yes it was witnessed, the judge granted the eviction order on agreement that my son would be seeking help from the council, we could have fought the eviction but because of the rent arrears etc., he agreed that the eviction order was granted and also a forthwith order. I am just wondering who the arrers is down to because I told the judge that he was unemployed and he replied pay what you can afford. He was OK. So do we just make an offer every month to clear these arrers or is it all on my head?

 

If you have time please can you have a look at this post.

 

Thanks

 

 

Mashmallow

[raydetinu]

Was an order made for the arrears? if not just make the LL an offer on what the judge said.

I would wait untill the LL approachs you as guarantor before worrying about it. He can ask you for it but then he would have to take it to court to collect; thats when you might need lagal advise if its valid or not? or could ask a solicictor now of course.

[mashmallow]

How can I check if the deposit paid is being held in a Govenrment Trust Fund?

 

Anyone please help.

 

Mashmallow:?

[Planner]

How can I check if the deposit paid is being held in a Govenrment Trust Fund?

 

Anyone please help.

 

Mashmallow:?

 

As far as I am aware theres no such thing as a 'Government Trust Fund' for deposits.

 

Maybe you mean the Tenancy Deposit Scheme? If so read the sticky http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/117280-tenancy-deposit-scheme.html (some of its now a little outdated)

 

and I believe you can check online with two of the schemes and over the phone with the third if they hold your deposit.

[mashmallow]

I have received today a Warrant of Execution for my son on my address threatning baliff action. My son does not live with me and has not for the last 4 years or so. I dont know what the debt is for and how this has occured what can I do about this? He is not on the electoral list here. But I get all the threatning letters which I have binned baring this one because it stated out local court (Romford) that is why I opened it. Please can anyone advise what I should/could do?

 

 

Mashmallow

[cerberusalert]

Have you been in touch with the court managers office to explain the situation? More than likely it'll be a court bailiff & they should be able to advise.

[mashmallow]

Ceb,

 

I only got this letter just now no doubt I will I can't believe these guys can just go ahead and take someone to court without evidence that they live at that particular address? So anybody could give someones address and rake up debts for a poor soul only to find baliffs are coming round?? I don't understand???

 

I don't even think my son knows what its about I have not told him yet.

 

Mashmallow

 

 

By the way once again 'THANKS'

[cerberusalert]

For them to have obtained a Warrant of Execution they would need to have obtained a CCJ previously which has been defaulted & they would have had to then apply to the court for an Enforcement Order. During these three processes he would have received documentation from the court.

[mashmallow]

Cerb,

 

Get this one I am shocked and I think Phoenix are in big trouble now, The court has no record of the claim, so I said to the clerk or someone it'sd fraud and she said send the document back to Romford. I am now going to broadcast this everywhere I can. This is disgusting. They even had the stamp of the court on the document. What are your thoughts?

 

Mashmallow

 

Please agree this cannot go on if I was a fool I would have paniked and paid them, so they are doing this to everyone??

[mashmallow]

I dropped a clanger here, the judgement was issued from Northampton and they said apparently they issued papers last May? So I am buggered.

 

Sorry to confuse you.

 

Mashmallow

[cerberusalert]

Have a read of this;

 

See; N245 Court Service Application Form

[out of cash]

HI Mashmallow

 

this just goes to show what a rutt this country is in look after everyone but our own."oh yes and dont forget the self serving pigs in westminster"

I am in the same boat myself council told me that if you are male aged between 18-65 your on your own unless you are nearly dying and they did stress nearly dying.

 

i wish you luck with your council as mine were absolutely useless.

 

regards

 

out of cash

[mashmallow]

Please can someone advise me what to do. My son was evicted and now left the property there are rent arrears which I will have to pay being the guarantor and as my son is not working. They are asking for the arrears plus court costs in addition to this if they don't come to an ammicable conclusion with repaying the arrears they will take me to court and seek bankcrupcy against me, they have sent a questionnaire wanting to know my earnings, how much tax and Ni I pay, who I work for and contact details, if I live with someone, own my own house etc., Are they allowed to do this can I refust to fill it in, what is my partner got to do with this debt. Also the deposit I paid has not been mentioned at all. What do I do go to court?

 

Please can someone help.

 

Mashmallow

[phoenix11]

Have they taken your son to court already? Is this the court costs they are asking for with the arrears?

 

If you plan to pay the arrears in full as a one off payment, then your personal circumstances are none of their business.

 

Have you stated that you cannot pay the arrrears in one go thereby having to ask for a repayment plan? If so, they are entitled to ask all sorts of questions and you will need to show that you cannot afford to pay the arrears in one go.

 

This will include whether you own your own home, income etc. If they do apply to the courts to recover the money, then there are various ways they can recover the debt. Losing your home if you own it, could be one possibility. Having the Court order a sum taken from your wages is another.

 

If they are jumping the gun, then it sounds like the kind of letter the Debt Collection Agencies fire off to try and scare you.

 

You probably should at least get to the CAB with the agreement you signed as guarantor, so they can help advise you of where you stand. Your own solicitor could be better, but will cost.

 

You should write back to point out that they have not taken the deposit into consideration and ask them for a revised sum of what is owed. Explain you're taking advice from the CAB (if appropriate) and that you will respond in full to their request as soon as possible.

 

I would not just sit on it and wait for them to take you to court.

[mashmallow]

Thanks for your advice I am very grateful for your help. I will seek legal advise.

 

Thanks

 

Mashmallow

[Kentish Lass]

Just one little query - where was the deposit protected?

[mashmallow]

:|Thanks for replying to me. I was told that the deposit has been protected by the estate agents but not sure where. I wrote to the LL solicitors and enquired where the deposit was and they said the estate agents are holding it. I telephoned the estate agents and they was surprised and asked for the LL Solicitors tel no and reference no.

 

4 months later not sure where the deposit it or who has it, what do I do now? please can someone help.

 

Thanks

 

Mashmallow:evil:

[Lia7769]

The estate agents should have told your son where the deposit was within 14 days - they are legally required to do this or you can claim for 3 x the deposit. Check with your son whether he received this...

[Kentish Lass]

:|Thanks for replying to me. I was told that the deposit has been protected by the estate agents but not sure where. I wrote to the LL solicitors and enquired where the deposit was and they said the estate agents are holding it. I telephoned the estate agents and they was surprised and asked for the LL Solicitors tel no and reference no.

 

4 months later not sure where the deposit it or who has it, what do I do now? please can someone help.

 

Thanks

 

Mashmallow:evil:

 

Ring the three schemes with details of the property, agent etc. and they will tell you if the deposit was protected under their scheme.

 

DPS 0870 707 1 707

TDSL 0871 703 0552

TDS 0845 226 7837

 

If it is not under any of these, it is not protected, and you suddenly have a bargaining tool.....