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    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Hi,

 

I am hoping you will be able to help me with regards to my friend.

 

She got behind with her rent, and agreed with the landlord to pay normal rent plus amount off arrears which she has been doing without fail.

 

On checking with the bank she finds that the rent did not go out on the specified but instead the bank paid to lots of rent and arrears on the next due date.

 

Please my friend is sick with worry that because her rent did not go out and went out late that she will be evicted.

 

She has a private landlord. No eviction proceedings were in place when agreement to pay arrears was made.

 

Can she get evicted even though now her rent etc., is up to date.

 

I cant help her on this one as I am not sure.

 

Needless to say she has now changed her bank!

 

Thank you for your help.

 

Bub1

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I really feel that your friend is worrying about something that hasn't happened yet.

 

Has the Landlord sent a letter giving notice of eviction?

 

I think as the rent is now up to date as long as your friend continues to make payments on time they will be ok. No Landlord wants to have an empty house they are not making money on.

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Hi, no he hasnt sent any notice or anything or been in touch.

 

If he did would he still be able to evict her even though everything is being paid?

 

In the beginning when the arrears came to light there was no eviction notice at all.

 

Bub1

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If he did decide to end the tenancy agreement he would have to give notice. When we use to rent a house we our agreements stated we would give the tennants 3 months notice if we were going to terminate the agreement.

 

When is her lease up for renewal?

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Hi,

Her tenancy has run from 2006, and just carries on every year. It started on the 27th Jan 06. If that helps.

There has been no eviction notice and payments have been made, so it was just this little hic-cup.

It was all agreed with landlord.

 

bub1

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To evict on the grounds of rent arrears a Section 8 notice would have to be served and this can only be done if the tenant owes at least 2 months rent. If the landlord wants to evict they would have to obtain permission from the court. So to answer your question the landlord cannot illegally evict your friend if there are no rent arrears and he has not obtained the necessary permission when there were rent arrears.

 

As it is a periodic tenancy the landlord could serve notice for your friend to leave without relying on rent arrears some do this if they are fed up with a tenant either paying late/getting into arrears or if they feel someone is complaining a lot, etc. However, since your friend says this is a blip in her usually good tenancy and arranged to pay back what she owed and stuck to this I feel it's unlikely that her landlord will take this kind of action.

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She is still paying the arrears with her normal rent every month.

 

It is just this time that payment has been delayed, other than that it has been paid on time (well come out of her account when due) since the agreement with the landlord was made.

 

Whe she took the house in 06 she paid a year up front and then regulare until personal circumstances happened.

 

But since agreement has been in place this is the only hitch.

 

Can he still evict?

 

I just want to put her mind at rest.

 

Bub1

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Just spoken to my friend and she says arrears are more than 2 months but landlord did say when they were trying to sort payment, that he would not evict because of a few missing payments and that as long as rent is paid every month and something off the arrears then there shouldnt be a problem. (She has this in writing)

 

As stated before this is the only hitch since agreement.

 

Does that mean she can rest easy or still panic?

 

Bub1

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bub1 I think the Landlord sounds like a very reasonable man. He has talked to your friend and agreed a payment arrangement. I really think your friend is worrying unnecesserily.

 

The only way I think she will be satisfied is if she contacts the Landlord and asks him directly.

 

As I see it she has been a tennant there for3 years (I'm presuming she is a good tennant) and as long as she keeps up with future payments there shouldn't be any problems.

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Thank you.

 

She is worried about contacting him about it. She does suffer from depression to so that doesnt help.

Yes, she is a good tenant and never bothers the Landlord at all. Even though the house has some damp issues.

 

She is worried that because of arrears he may ask her to leave if it is mentioned.

 

She changed her bank now so payments will be made on time with no hitches. (Hopefully).

 

Thankyou I will tell her to stop worrying unnesserilly.

 

Bub1

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Just another quick question, if he did decide to evict her what is the course of action?

Notice period etc., would the court accept and let her still live there as she is paying off arrears?

 

Thank you for all of your help.

 

Bub1

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Just another quick question, if he did decide to evict her what is the course of action?

Notice period etc., would the court accept and let her still live there as she is paying off arrears?

 

Thank you for all of your help.

 

Bub1

 

The landlord cannot issue a s.8 notice unless there are two months rent outstanding - and this must still be the situation at the time of the court hearing or the action will fail. This sounds unlikely to happen. The landlord could issue a s.21 notice giving two months notice for possession (such notice to end on the last day of a rental period), but he still has to get a court order to actually evict.

 

I too think your friend is worrying about something which probably will not happen.

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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