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    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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Hello,

I am the Old Worcester referred to by bigglesnooker recently. I am going to court on the 13th July and thought I would let you know as this is a very helpful forum.

Thank you

Colin

 

Lost the case I'm afraid. Hope I wasn't the first although I probably was. Appealing is really expensive it seems.

The only pleasure I got out of it was the solicitor's face (OPC) when the magistrate was summing up the money (£155) and she, the solicitor, said and my costs as well. The magistrate seemed to get pleasure out of saying to her "This is a small claims court, you don't get fees"

Surely the solicitor would have known that? I wonder if OPC will have to pay her as they appointed her.

Colin

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Lost the case I'm afraid. Hope I wasn't the first although I probably was. Appealing is really expensive it seems.

The only pleasure I got out of it was the solicitor's face (OPC) when the magistrate was summing up the money (£155) and she, the solicitor, said and my costs as well. The magistrate seemed to get pleasure out of saying to her "This is a small claims court, you don't get fees"

Surely the solicitor would have known that? I wonder if OPC will have to pay her as they appointed her.

Colin

 

Are you sure it was a magistrate? I thought they only dealt with criminal cases.

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Lost the case I'm afraid. Hope I wasn't the first although I probably was. Appealing is really expensive it seems.

The only pleasure I got out of it was the solicitor's face (OPC) when the magistrate was summing up the money (£155) and she, the solicitor, said and my costs as well. The magistrate seemed to get pleasure out of saying to her "This is a small claims court, you don't get fees"

Surely the solicitor would have known that? I wonder if OPC will have to pay her as they appointed her.

Colin

 

sniff sniff Troll?

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why would a magistrate be in a small claims court ?????
Probably because to people inexperienced at court, the words magistrate and judge are interchangeable

sniff sniff Troll?

 

its Perky

 

dont think we will hear any more from he/she/it/troll

 

If i was the OP, I wouldn't either after knee-jerk reactions like these

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Are you sure it was a magistrate? I thought they only dealt with criminal cases.

My inexperience showing there as come to think of it that is an assumption on my part about being a magistrate. However, I did loose the case and I thought I was fairly well prepared.

Someone asked how much OPC were awarded. £100 plus interest plus £50 costs = £155.44.

As I mentioned the solicitor got nothing and didn't look too happy about it.

Grounds to the best of my memory - Basically OPC offered a load of pictures of parking signs as their defence (none near where I parked). She couldn't even say where they were as she was not familiar with the area.

Judge ? - said although he appreciated that no provision appears to have been made for OWs to visit and park anywhere near their memorial he inferred that I would have seen at least one sign even the one in my picture in the distance. Therefore, OPC have a legal right to the money. I said I saw no signs as I was not from the area and visiting the site of my old ship HMS Worcester I was not looking for any signs.

That's the gist of it really. I would like to appeal but it costs money.

My main feeling coming out of this is that I have been called a liar and I don't like that at all.

Colin

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My inexperience showing there as come to think of it that is an assumption on my part about being a magistrate. However, I did loose the case and I thought I was fairly well prepared.

Someone asked how much OPC were awarded. £100 plus interest plus £50 costs = £155.44.

As I mentioned the solicitor got nothing and didn't look too happy about it.

Grounds to the best of my memory - Basically OPC offered a load of pictures of parking signs as their defence (none near where I parked). She couldn't even say where they were as she was not familiar with the area.

Judge ? - said although he appreciated that no provision appears to have been made for OWs to visit and park anywhere near their memorial he inferred that I would have seen at least one sign even the one in my picture in the distance. Therefore, OPC have a legal right to the money. I said I saw no signs as I was not from the area and visiting the site of my old ship HMS Worcester I was not looking for any signs.

That's the gist of it really. I would like to appeal but it costs money.

My main feeling coming out of this is that I have been called a liar and I don't like that at all.

Colin

 

Can the more experienced posters exlpain how this judgement could have gone against the OP as it does not make much sense to me

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From what I have seen on this site, there are no arguments that the [problematic] can use that can cause any one in a county court to find in their favour unless you fail to turn up. So I am very curious because this seems to be the first defended case ever won, or am I mistaken.

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Either Colin is telling fibs (if you are not I appologise) or he is a troll. So what is he Troll or Unlucky (cue Harry Enfield)

 

No I am not telling fibs. And what is a troll with reference to me ?

Colin

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That is a bit severe and uncalled for. let Colin tell us. No defence against OPC that has come from CAG has failed that we know of..

 

Thanks for that. I had no defence from here but I may have been more successful if I had. I think the Judge latched onto one photo that I took that showed a sign in the distance. I hadn't seen the sign myself and had no idea what was on it. Maybe one should not be honest enough to incriminate ones self.

Colin

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From what I have seen on this site, there are no arguments that the [problematic] can use that can cause any one in a county court to find in their favour unless you fail to turn up. So I am very curious because this seems to be the first defended case ever won, or am I mistaken.

 

I probably just did it wrong. Just tried to be straight and honest, probably not the best way to be these days.

Colin

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No I am not telling fibs. And what is a troll with reference to me ?

Colin

In this context, they are effectively accusing you of being an OPC mole, which I don't believe for a minute.

 

Personally I think you deserve an apology form those accusers, but I doubt that will happen, so I apologise on their behalf.

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