Jump to content


  • Tweets

  • Posts

    • You will have to go to court to get an order  and once that is doen then you both have to abide by it. The actual form filling is not complicated and the first court session doesnt actually make any decisions and you will be advised to reach an agreement that can then be set in stone by the court.   the father has a right to "contact", but this is not the same as having the right to demand a particular set of visits, stopovers etc so decide what you want, and how this is practical and then ask that the contact be limited to this. for example if you work your contact will all be gettinmg them up, feeding them, putting them to bed and have no fun time at weekends if has has them then. The courts will do what is in the best interests ogf the child so you need to stop being jealous of their love for their father and dont try and use the system to punish him or the children. If he was abusive or controlling them read up on the serious crimes  act  2015 about controlling and coercive behaviour and see how amny fo the examples fit his behaviour and use that to get the courts to set lterms that  limit that behaviour instead of using the children as the tools.
    • Does anyone know if a person has the right  to use a lay representative in the family division of the county court? the wording of the Lay representatives(right of audience) order 1999 refers to a county court and stage 1 or tier 1 proceedings and Scots law have a form to fill out for such representation but it isnt clear whether the english system has such a clearly defined right of audience. The MoJ mentions it in some discussion papers as though it is hard and fast but in other documents  it is McKenzie Friends who are written about as if they are the only people allowed other than sols/barristers.   reason why lay rep needed is they can speak and the other side cant object where with McKenzie friend they cant speak on behalf of claimant/respondent and the other party can object to that person being present- which will happen  in this particular case. Ultimately it may well be a discretionary power of the judge but dont want to start off with a bad step.
    • It seems as though the solicitoras want to keep hold of this payday and will do anything to churn it ( make money by continuing an action that isnt in the clients interests).   The land registry will have the record of who paid for the property and how so you will be in the clear on that as you didnt just take the place over, you bought it from the estate of the deceased.   now it seems like your mother is struck by regrets/remorse over her inability to take over the property at the time and what tends to happen is that relatives will sit there and say bad things about the person who they see is the beneficiary of their misfortune and then get into a feedback loop, each reinforcing the wrong opinion of the other.   Your attempts to sort things out logically ahs tempered this somewhat so do continue and keep clear of their  lawyers at all costs, they will just keep the meter ticking over and bring the negative thought back to the surface.   your parents will already be about 2 grand a day down on anything the sols have done so try and get them to  look back to the mess that her father's death left them in and amke it clear that at least the house is still in the family and that she has benefitted from that by receiving money at the time that otherwise she wouldnt have got.   If that still causes friction then I would still write to them rather than responding to the solicitor, the lesson they will learn will cost them less and when the sols have moved on to the next client they will have not lost so much of what they still have left.   Ultimately if they do actually issue proceedings you can ask for the claim to be chucked out as having no merit etc by showing how the place was bought. I do struggle to believe that people dont know who their mortgage was with even after all of this time,  same as I find it odd that people suddenly find details for accounts with tens of thousands in that they had forgotten about. You can find out as again it will be in the Land registry entry for most properties that had a mortgage
    • A claim was issued against you on 30/07/2019 Your acknowledgment of service was submitted on 31/07/2019 at 18:14:49 Your acknowledgment of service was received on 01/08/2019 at 08:05:52 Your defence was submitted on 30/08/2019 at 23:17:46 Your defence was received on 02/09/2019 at 01:06:05 DQ sent to you on 27/09/2019 DQ filed by claimant on 27/09/2019 You filed a DQ on 23/10/2019 Your claim was transferred to BIRMINGHAM on 14/11/2019
    • no local courts can be very slow depending upon case loads.   as long as the org claimform had your correct and current address on it, it's just the above.
  • Our picks

rippedoff15

issued former tennant court papers for rent arrears/costs - What Next

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3647 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi All,

 

We have issued the former tennant court papers for the rent arrears and costs incurred regardingt he house which they rented, the costs wihtin the claima re rent arrears, re-decoration costs and carpets etc which have all been damaged.

 

We issued court papers to our local country court and they have returned papers called notice confirming the defendant was issued by 1ft class mail on 21st Sept 09 and deemed served on 23rd Sept 09 and they have untail 7th oct 09 to reply to the court ie accept or defend.

 

What happens if the defendant refuses to repay and once the date of 7th Oct has gone can we get the court to issue CCJ order and whats the next form of action we take to get our money back.

 

 

 

cheers

Share this post


Link to post
Share on other sites
Guest Old_andrew2018

You will need to wait for your former tenants defence, couple of questions was an inventory completed before and after tenancy, what has happened to their deposit, and was it protected.

 

Andy

Share this post


Link to post
Share on other sites

Hi,

 

Well the courts are going mad, we filed a claim and the date of the 7th Oct 09 was comfirmed 4pm, we have asked to file a judgement by default but have been informed that the courts work load is 2 weeks behind therefore the judgement can not be issued until they have completed the back log of paperork, but in the mean time if the defendant sends in their paperwork even if its late they will accept that but not our default claim

 

Now fed up with the courts

 

cheers:mad::mad::mad::mad::mad::mad:

Share this post


Link to post
Share on other sites
Guest wino

I was under the impression that the courts adhered to deadlines:confused:

 

Surely they can't change the rules when ever it suits

Share this post


Link to post
Share on other sites

if they are two weeks behind

thats there problem

Share this post


Link to post
Share on other sites

I called the court today and calling into Chester Court on Thursday but have already been told that they are behind thus unable to complete the Judgement by Default. But if the defendant enters their paperwork late its accepted. They also told me that theirs nothing we can do regarding the matter.

 

Court moving the goal posts nd we feel that the court can do what tbhey want, if its past the filing date the court should fuse the defendant we know it sounds hard but we have to file on time

Share this post


Link to post
Share on other sites

i would still send the request for judgement by default to the court

Share this post


Link to post
Share on other sites

Well called into my local court and completed the paperwork for the Judgement by default, but have been told that it can not be issued for 2 weeks asn they are behind with inputting but hopefully the paperwork will be stamped soon, i will be phoning next week to try to get it issued asap

 

cheers

Share this post


Link to post
Share on other sites

Hi it seems madness to me also, my local court is also behind with the paperwork. My AQ had to be filed by 27th July, Claimants did not file theirs until end of August but court said "we are flexible to both sides" - what's the point of a filing date if the courts can't stick to it.

 

HH

Share this post


Link to post
Share on other sites

Hi,

 

yes i have just completed AQ for the Halifax claim with the help from legalpickle and filing frday but if the bank don`t file by 19th oct i won or not depending on the court

 

:mad::mad::mad:

Share this post


Link to post
Share on other sites

Well we have seen it sall now, we have had confirmation that the defendant has filed the achknowledgement which means they have 28 days to file defence. Not sure what defence as the rented our house not paid rent and caused damage to the property we have detailed photos before the house was rented adn detailed photos after the lady left also she had not paid rent for months as well.

 

Timescale

 

filed on 16th Sept and deemed serviced on 23rd Sept with a date of 7th Oct for the defendant to acknowlegde, call into court on 8th Oct and the clerk confirmed that no acknowledgment had been filed, but today a letter 9th Oct stating the acknowledgment was filed on 1st Oct 09, but how can the court confirm we can have the default judgement on 8th as no records and now the acknowledgement has turn up.

 

Also is the 28 days from the date the claim was first date ie 16th Sept and if the defendant does not file defend what happens next but if the defend file what do we do next ??????

 

cheers

Share this post


Link to post
Share on other sites

Hi All,

 

we rented out our house to a couple for 6 months, which ended up 9 months and the lady did not pay and left, we took the lady to court for the rent arrears and cost to replace the carpets etc etc and the case has not been heard as yet, As we were unable to pay the mortgage on the house the lender has now taken it and charged the locks.

 

But should we still claim off the old tennant or just forget it and stop the court case, the lady in question was n arrears and costs to the sum of £2.5k

 

as we no longer have the house can the court refuse to here the case

 

not sure now what to do push for the funds which is outstanding or forget it

 

any feedback would be helpful

 

:mad::mad::mad::mad::mad:

Share this post


Link to post
Share on other sites
Guest Old_andrew2018

You really need to seek legal advice, however IMHO you still have a case against your ex-tenant

Share this post


Link to post
Share on other sites

Yes you definitely have a case. At the time the tenant departed the house was yours.

The case should not be of any concern to the mortgage lender.

 

What are your prospects of getting anything back from the ex-tenant?


I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

Share this post


Link to post
Share on other sites

 

What are your prospects of getting anything back from the ex-tenant?

 

 

This is the question and the first one a solicitor would ask. There is little point litigating against someone if a) their address is transient b)they have no stable income.

 

However right your claim is you need to asses the likelihood of coming out ahead in the end.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...