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    • We believe this firm may be providing financial services or products in the UK without our authorisation. Find out why you should be wary of dealing with this unauthorised firm and how to protect yourself.View the full article
    • Thanks guys. Updated witness statement accordingly with dx's post. I have a draft order. As follows, is this ok?   It is ordered that: 1. The default judgment dated 10 November 2021 be set aside. 2. The Claimant pays the Defendant’s costs of this application to the sum of £275. 3. The Claimant has permission to file and serve a reply if so required.   4. All enforcement be put on hold pending the outcome of the application.   So with the N244.. include the Witness statement, draft defence, and draft order? And include a copy of all evidence?   Thanks
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    • we need the exact particulars of claim, not what you have put please.  
    • Thank you everyone for your quick responses I just wish I posted here in the first place    I probably shouldn't have filled in the claim form however on the letter it said I had limited time to do so and because I was dealing with CST law trying to come to an agreement with paying off the debt I didn't think it would get to this point and now I have probably made my situation worst. Of course, I would have posted here first before sending it off had I not been in communication with CST to set up an agreement.    I sent the letter back to the court as some point in early August, the issue date on the claim form is 28th July and the most recent letter I have received 'Notice of fast track' is dated 18th November    If I am honest I can't fully remember what I wrote word for word in my defence, it would have been along the lines of why I left, my reasons and the fact I returned to my old career in an office plus taking a pay cut to do so. There wasn't much room to write a long winded defence so I kept it relativity short.   The above document Andy has posted is the exact document I am now looking at very confused in what exactly I put where    I just want to re-iterate I never agreed with this money I owe due to the training bond but it has gone on for so long at this point I'm happy to set up a payment plan if the balance can get reduced or a small one off payment upfront and this is exactly what I was trying to do prior to receiving the most recent letter    I have had zero communication from CST law, Centrica advised me to deal with them directly and I was waiting for a response from CST with the offer we had put across to Centrica - I chased it multiple times the following weeks and they kept telling me they haven't had a response and when they do we'll contact you which they still have not   Ideally I would rather not give them any money however I feel like I am out of options at what I probably should have done years ago is attempt to get it reduced and set up a payment plan    Please let me know if I have missed any critical info out    Thanks again for everyones help    What is the claim for – the reason they have issued the claim? I left a British Gas apprenticeship within the first 12 months of starting and went back to my old career in an office , my reasons for leaving were down to the completely differant job role which I realised quikcly was not for me and it was impacting my mental health massively. The claim is for a training bond which was in a contract I signed based on a sliding scale Year 1 - £9,000 year 2 £6,000 year 3 £3,000     What is the total value of the claim? £13433    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No  Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Training bond due to leaving an apprenticeship before 3 years    When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? They have sent me a virtually signed document with the contract   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No   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. Centrica are claimant, CST law are dealing and the court   Were you aware the account had been assigned – did you receive a Notice of Assignment? I believe so yes   Did you receive a Default Notice from the original creditor? I have had multiple letters like everyone else who has been on the forum over the years regarding this matter   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I am unsure, but when I left I had contested the original claim as I was dealing directly with Centrica’s collection team and they never got back to me after the final email I had sent and didn’t hear anything until years down the line   Why did you cease payments? N/A   What was the date of your last payment? N/A   Was there a dispute with the original creditor that remains unresolved? Correct I oringinally contested what was owed back in 2017 and gave my reasons for leaving and I assumed the matter was closed   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No  
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Can anyone please give us some advice


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HI everyone,

 

I don’t know if you guys are able to give me any advice, but I am in a real bad situation and need some advice.

 

We have been renting a property from an agent for well over a year now, and we have had no dealing with them at all, as rent has always been paid on time and there has never been any problems with the property.

 

But back in Jan I lost my job, and due to this, we had to stop the direct debit from the bank as the money was not being paid into my account anymore, so we made arrangements to pay the rent on a weekly basis till I was back at work, we had to travel from Bedford to luton to pay the money to the agent in their shop/office, as this is some driving, we asked if we could pay this in our home town of Bedford, and we was given HSBC back account details to make these payments, and we made payments there, but have been told that they do not give receipts at the cash desk, so what we used to do was put our name and address at the back of the paying in slip so that our payment could be easily found.

 

After a few months I was back in work and payment has not been a problem since, but we was sent a letter in June saying that we owed one months rent that was not paid for March, But we know we paid it.

We have gone back to the bank and explained the problem who have said that they can not give us any information on the account as it is not our account, after some weeks arguing with the agent, they have informed us that they have 2 cash payments made on the 1st of april (300 pounds)and 14th april (200 pounds), and said if I was to go back to the bank and see if they can confirm that it is our payments, we have done this, but the bank have said they will not give us any information.

 

We have informed the agent, who has said that its down to us to prove it, even though they know these payments are ours, as they have already mentioned that no one else has paid cash into Bedford HSBC for rent.

 

Now they have served us with an eviction notice and we have to move by the 13th Aug, Is there anything we can do about this, they have said they have payments for the amount we owe, but as we can not prove it they will not except that they are ours.

 

We have been instructed by them to pay it into a bank that have confirmed they will not nor will they give receipts for payments, so as we have only carried out what they have asked us to do, I am shocked that they are saying we have to prove it.

 

Please please anyone out there that can give us some advice would be great, I am so worried about my wife as she is 11 weeks pregnant and all this stress I am worried is going to have effects on our baby, and we are both so worried now.

 

Thanks so much for reading this, and look forward to anyone’s advice

 

Ali

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i have a letter saying that due to overdue payments that we shall be asked to leave the premises, and they have also added to this letter a section 21(4)(a).

 

not sure if that makes any sence, but hope it does

 

thanks for such a fast reply

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i would just like to add, when we contact them, we said that we would pay the amount until it was found, and would try and make more than our rent payment each month before the 13th Aug, they said that would be fine, but now they are saying it does not matter if they have had the money or if we pay it again they want us out, even though the lanlord does not know anything about this matter. Accept that he has agreed with the agent if we are not paying the rent, that he would like to look for another tenant, but we have had a good relationship with the landlord, and he is just doing what they agent has asked, as he is over 65 years old and does not understand what is needed from him, apart from what the agent informs him he has to do.

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Ok Ali, you need to prepare yourself for the fact that you are going to have to move from here, and that is because they have used a S21 NOSP. There is no defence in court to this, and the most the judge can do is allow you an extra six weeks hardship time. Its better you know this so that you can prepare for it.

 

You DO NOT have to move out 13-8-09, that is the date on which the NOSP expires and further action can commence. If the agent/landlord wants you out he then needs to apply for a court hearing asking for possession and unless you enter the defence asking for the extra time, this will be simply a paper exercise in which the judge has no other discretion. Once the date has been set for you to leave, if you chose to remain the agent would have to apply for an eviction warrant, the county court bailiff will come and evict you. It is going to cost £150 for the hearing and another £95 for the eviction, and this is payable by you normally.

 

Now, about this money. On your tenancy agreement, do you have the landlords contact details? You should have. If this were my problem, I'd be writing to him directly, to make him fully aware that I had paid my rent, and that the agents were keeping it from him. That must be embezzlement or something.

 

I don't know what others think about this but I might be tempted to inform the police about it - they say they can see that money has been paid in your home town, and that they know it can only have been you but still won't credit the money? Well, I call that theft and deception. At the end of the day money has gone missing somewhere.

 

My advice to you now is, of course, never give up over this money if you know that you have paid it, but in the meantime, and in view of the pregnancy start finding somewhere else to live. I would go to the Local Authority and make a homeless application - you are losing your home through no fault of your own and have priority need. They will do all that they can to avoid housing you, and this will include making enquiries on your behalf about this rent. However, at the end of the day if they come up with a stalemate, as you have, they will have to house you or at the very least assist you to find somewhere in the private sector. They can lend you a deposit or rent in advance, and you pay it back. This is your chance to possibly access social housing, so this should be the very next move you make.

 

Also, it never hurts to go and see Shelter, if you google them you will see if they have an office near to you, they are everywhere these days.

 

I do hope it can be resolved for you, fingers crossed and good luck with everything.

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