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    • No change in advice. Get the purchaser to take lots of photographs and if possible send you back the empty box – you will have to pay for that I suppose but you will get it back from EVRi. You may want to send a slight amendment to your letter of claim – but the date stays the same. Get a move on so you can get the claim filed well in advance of the compulsory mediation date which quite frankly will only get in your way especially as it is new and nobody really understands the rules yet
    • Good evening guys many thanks for your posts and advice. Im sorry for the late reply but i fell asleep on the sofa when i got home.  The good and bad news is that the case has been discontinued, the bad news is the claimant did not inform me of this. I wasted fuel and paid for 2 hrs of parking to find this out.  Not that it matters now but the lady in reception told me that the county court was in Gloucester today and not Cheltenham however my letter clearly says Cheltenham. So i'm assuming the county court moves between the 2 courts. I was actually looking forward to getting a judgement in my favour but it was not to be. The woman told me that the claimant should have informed me.  Anyway guys i thank you all times a million for your professional assistance with this one. It looks like they new they would lose and gave up, its appalling that they allowed to waste the court's time as well as mine.  
    • An interesting moderation debate chaps! But something very strange has happened with my claim today. Shortly after I posted the Letter of Claim to P2G I received a text message from them - "Your parcel (P2G-123005161) was delivered at 12.55 to CF5 *** (original buyer's post code) with Evri Drop-off"  I messaged the buyer (who I refunded in full (£265) for the original non-delivery on 27 March) and asked if it had indeed turned up. He confirmed it had been delivered and taken in by his wife, with a photo taken to confirm delivery. But the box I'd so carefully packed the clubs in was, of course, empty, except for the original packing material I'd used, and the buyer's details which I'd also included in the box. I'd used getting on for half a roll of heavy duty black ducktape to seal the box, especially at both ends, and the buyer advised one end had been cut/torn open (likely when the 8 golf clubs were extracted) and then loosely resealed.  Needless to say, no explanation for the 1 month delay in delivery, and Parcel2Go have emailed me this evening to advise they've decided not to approve my claim as 'The parcel started to track'. Grateful for your thoughts on this significant new development. I presume the onus is now upon me to prove the parcel was empty upon delivery - how would you suggest I tackle that? And should I draft and submit a new Letter of Claim to P2G, resetting the 14 day clock?    Many thanks G59 
    • I feeling very humbled by EVERYONE taking time to respond to me, thank you. On balance it seems the best bet is to wait it out. Cheers. 
    • Thank-you gor bring so gracious with your help, if you had explained the logic behind your argument in the first instance we would have got their quicker. Your reason is not the one that they used but hey.
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Rent Arrears - possibly eviction - help!!


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Hi Guys,

 

Was wondering if someone here could help me.

 

I lost my job 3 months ago and thus I'm struggling big time with the rent.

 

Initially I had a 6 months tenancy which ended in January and since then its been on a month by month basis (Oh I'm in England if you needed to know and my landlord is based in Ireland - again in case that changed anything, i dont know).

 

For the last 9 months the rent has been paid on time on the 6th every month but this month I just do not have the funds to pay yet hence I'm in arrears.

 

I havent been in contact with the letting agent yet but was wondering what I should do?

 

I think I can scrape the money together but it wont be until the end of the month by which time I'll be 3 weeks in arrears.

 

Should I write to my letting agent and explain my circumstances asking them for extra time and if they arent flexible how soon can they have me out?

 

Thanks in advance for any help.

 

Sunny.

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Have you applied for housing/council tax benefit?

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Are you entitiled to Housing Benifit (Local Housing Allowance now)?

 

You would be better telling the LL/LA, I doubt you are the only one they would have heard from in such uncertain times.

 

Check if you have already been issued a s.21 notice at the start of your tenancy. If not, then they could issue one now and begin eviction proceedings in 2 months.

 

Alternatively you could be issued a s.8 notice once you have missed two rent payments. This eviction process could potentially be quicker for them if its obvious you are also going to miss next months rent payment.

 

If there any was you could pay a partial rent payment, obvioulsy without leaving you to starve?

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Have you applied for housing/council tax benefit?

 

 

Thanks for your reply.

 

No I havent - foolishly I let pride get in the way thinking I could make do with my savings until I found emplyment again.

 

And now the savings have pretty much gone.

 

Yes I now know I should make an appointment with the relevant bodies to discuss such benefits but it will be too late for this months rent.

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Thanks planner!!!

 

I'll have to check on that s.21 notice.

 

I think I shall write to the letting agent today.

 

What should I include?

 

Simply that I'm in financial difficulty and request them to give me until the 1st of May (which would be 25 days after the rent was due) to clear the arrears? Should I include anything requesting them to not go down the eviction route given that I'm serious in the payment pledge I'm making or does this just sound desperate?

 

Thanks again for all the replies?

 

Sunny.

 

 

 

Are you entitiled to Housing Benifit (Local Housing Allowance now)?

 

You would be better telling the LL/LA, I doubt you are the only one they would have heard from in such uncertain times.

 

Check if you have already been issued a s.21 notice at the start of your tenancy. If not, then they could issue one now and begin eviction proceedings in 2 months.

 

Alternatively you could be issued a s.8 notice once you have missed two rent payments. This eviction process could potentially be quicker for them if its obvious you are also going to miss next months rent payment.

 

If there any was you could pay a partial rent payment, obvioulsy without leaving you to starve?

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Ok Grammar etc apart ( I rushed this, will check it through later) how does something like this sound? -

 

 

Dear Mr XXXX,

 

I refer to the above rental agreement.

 

As you are no doubt aware April's rent for the above property which was due on the 6th of the month has not been paid.

 

This is because my financial circumstances have recently changed and I am therefore unable to clear the arrears until the 1st of May.

 

I can assure you this will be cleared in full on the above date and thereafter regular rental payments will continue on time as previously.

 

I appreciate you may be considering legal action to evict me however before you do so I'd urge you to consider my past record of paying rent in full and promptly since I moved into the property in July 2008.

 

I would therefore be grateful if you would accept my request for this delay in payment.

 

yours......

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Ok Grammar etc apart ( I rushed this, will check it through later) how does something like this sound? -

 

Do you think you should giver a date of 1st May? Are you 100% sure you will be able to pay everything you owe by then?

 

Would;

 

As you are no doubt aware April's rent for the above property which was due on the 6th of the month has not been paid.

 

This is because my financial circumstances have recently changed and I am therefore unable to clear the arrears at present.

 

While I recognise that this may cause you some inconvenience, I can assure you that all arrears will be repaid in full and thereafter, regular rental payments will continue on time as previous as soon as possible.

 

I personally think its better to be a little vague than to promise something you cant deliver.

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Well thanks for all the replies.

 

Have good and bad news -

 

Bad news is after writing to the letting agent they have served me with a section 21 notice requiring possession dated 15th April 2009.

 

This isn't 'that' bad for me since the notice states that it expires on the 7th July "following which the landlord may apply to the court for a possession order".

 

In the meantime I will attempt to clear this months arrears and look for accomodation elsewhere (probably with friends or family for the short term :( )

 

Just to clarify, am I correct in thinking the letting agent can't actually forceably evict me until the 7th July? Have I bought myself some time?

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Well thanks for all the replies.

 

Have good and bad news -

 

Bad news is after writing to the letting agent they have served me with a section 21 notice requiring possession dated 15th April 2009.

 

This isn't 'that' bad for me since the notice states that it expires on the 7th July "following which the landlord may apply to the court for a possession order".

 

In the meantime I will attempt to clear this months arrears and look for accomodation elsewhere (probably with friends or family for the short term :( )

 

Just to clarify, am I correct in thinking the letting agent can't actually forceably evict me until the 7th July? Have I bought myself some time?

 

You are secure until at least the 7th July 2009 with regards to the s.21 (assuming its been served correctly, your deposit is protected etc).

 

However, after two missed rent payments, the LL/LA can serve a s.8 notice which gives you only 14 days (I believe) before the landlord can apply to court (another month) and get a court order for your eviction.

 

So if they take this route, it could in theory be a number of weeks before the 7th July. Remmember to serve correct notice if you do leave.

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