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Hi hunni, not my forte but I know others on the 'night shift' are still up...

Rae.

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Hi hunni, not my forte but I know others on the 'night shift' are still up...

Rae.

 

 

I'm a moth as apposed to a butterfly really if the truth be told, its such a quiet nice time ..... we all know why :rolleyes:

 

I came across a fabulous letter :grin: and thought i could adapt it a bit and send to the bailiffs as well as the truth letter tomorrow and email them both as well? any suggestions?

---------

 

I write to confirm I am classed a vulnerable person for the purposes of civil enforcement, as described in the published National Standards for Civil Enforcement Agents because I am in receipt of Job Seekers Allowance and experiencing severe financial difficulty, whilst caring for a wife with mental health problems and 2 small children.

 

Where a debtor falling into a vulnerable persons category is discovered by an enforcement agent, the matter shall be referred back to the court and no seizure of goods may proceed.

I have also applied to the applicable court for the judgement to be Set Aside and for a Stay of Execution be applied to the judgement whilst an approval and judgement are pending. I ask that my vehicle be returned to me immediately and without further distress.

 

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Faithfully

 

xxxxxxxxxxxxxxxxx

Edited by hardworking_harddoneby

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I do this without any liability, you should always seek professional advice.

 

Q3

1. The judgment made against me on __/__/08 is set aside.

2. The enforcement proceedings are stayed.

 

Q8

District Judge

 

Q9

Ross & Roberts (A Firm) and name of claimant - Your Landlady

 

Q10

Tick 'Evidence set out in box below' and enter the following inside the box.

 

I was not aware of the court proceedings against me until an HCEO informed me at my then place of work in February 2009. I had worked at the same establishment for 5 years and the Claimant was aware of my place of work.

 

I attach a copy of the Notice of Seizure handed to me on that day that also shows the High Court Enforcement Officer may be defrauding me with his fees by charging for work he has not done. (Lord Lucas 20 Apr 2007 House of Lords and Baroness Scotland of Asthal) and may be committing an offence under Section 2 the Fraud Act 2006.

 

I understand that charging fees of £3144.21 on an original judgment debt of £2875.00 is unreasonable.

 

Sign the form as applicant.


The next generation Nintendo Wii - the Nintendo Puu

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I came across a fabulous letter :grin: and thought i could adapt it a bit and send to the bailiffs as well as the truth letter tomorrow and email them both as well? any suggestions?

 

Yes, get the bailiff to pass the truth test on his fees. You need him to admit trying to charge you those fees.

 

Dont forget, its Form EX160 to claim court fee remission, and enclose evidence where asked.


The next generation Nintendo Wii - the Nintendo Puu

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I prefer Nintendo's answer! lol

Rae

Edited by RaeUK
typoo

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I quote]

 

 

Thanks so much Np and i am just really grateful for the nudges in the right direction, most of it is probably so easy it just looks so complicated,

 

x

 

one last thing, q9, u said r&r is tha because you dont want to type who it really is, again sorry to come across thick, xxx

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...one last thing, q9, u said r&r is tha because you dont want to type who it really is, again sorry to come across thick, xxx

 

I suspect he is getting his beauty sleep. I think you need to put in the name of whatever bailiff firm it is [sorry I forget]. He probably said R&R as an accidental typo as he's been advising someone regarding them elsewhere and it's getting late. My fault as I asked him to peek at your questions if he was still up.

 

Rae.

 

Please note - I say this without knowing the form you're referring to so you may get better advice in the morning.

Edited by RaeUK
typo

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I suspect he is getting his beauty sleep. I think you need to put in the name of whatever bailiff firm it is [sorry I forget]. He probably said R&R as an accidental typo as he's been advising someone regarding them elsewhere and it's getting late. My fault as I asked him to peek at your questions if he was still up.

 

Rae.

 

 

Ah thanks Rae,

I thought the same in the end and can happily say they are printed, checked, signed and collated ready to hand to court and ready to post and the emails have just been clicked too....

Phew..... least i can have that nice feeling when i wake up tomorrow,

Thanks again to EVERYONE ! will post again if i hear anything xxxx

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Please keep us posted! Have a good night and all the best.

Rae.

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Glad to see you fighting back and feeling better:) xxx

 

Sorry loopinlouie i missed this post,

 

I am fighting back and feeling better, and as i said all done for the night now,

can go to bed a little bit satisfied ;)

 

How are you getting on with your repairs? xxxxx

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one last thing, q9, u said r&r is tha because you dont want to type who it really is, again sorry to come across thick, xxx

 

Q9,

 

Name the bailiff Firm, and the claimant landlady.


The next generation Nintendo Wii - the Nintendo Puu

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Q9,

 

Name the bailiff Firm, and the claimant landlady.

 

 

Thanks NP i have done and partner is going down to court and postbox soon,

Was feeling really positive about all this until i discovered emails last night from the letting agent we have our house with

, refer to my other threads http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/240013-advice-just-kind-words.html

 

and http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/240799-harrassment-letting-agents-whilst.html

 

and I've been on the phone to Community legal Advice for over an hour and shes sending out info but basically she said there has to be more than 1 instance for it to be harrassment

 

this is in a 10 week period

 

10+ calls a week (conservative average)

8 Letters

4 emails

one stating "Can you please call me as a matter of extreme urgency. If we have not heard from you by this weekend we will have no alternative but to proceed with conducting viewings with our pass keys."

which was sent in december, and makes me think people may have viewed the property whilst we havent been in :(

another email stating "Please can you call me to re-arrange meeting, alternatively I will have to make a visit to the house which may incur a charge for the visit."

The meeting was to discuss our financial difficulty :confused:

They erected a to let sign directly outside my living room window 2 weeks before christmas

In phone calls she has been threatening and intimidating. (no record unfortunately)

 

Surely it is an attempt at an illegal eviction? The advisor told me that it is likely to take 3 months to evict us from here and Out of curiosity i checked the letting agents website and sure enough, there is our house

 

Available 10/02/2010

 

Set in a small development convenient for the ***** Centre this 3 bedroomed end town house should be viewed immediately. Comprising of entrance hallway, ground floor cloakroom, large open plan lounge with stairs off, fitted kitchen/breakfast room with integrated fridge/freezer, washer/dryer and dishwasher. Patio doors to enclosed rear gardens which are laid to lawn and patio with garden shed. First floor with gallery landing, has master double bedroom with built in wardrobes, en-suite shower room, 2nd double bedroom with built in wardrobe, 3rd single room. Family bathroom with shower over bath. Driveway parking, Immaculate condition and neutral decor ideal for professional couple or sharing let. Sorry no pets and non-smokers preferred.

 

 

Should be viewed immediately? It is not good for my stress levels :(

 

I need sunshine, sorry to link the threads but anyone with any knowldege of this around???

 

Thanks again xxxxx

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Hey hunni, you are going through the mill! I'm sorry I can't help with those issues but I'm glad your getting some help in the threads.

What I can do, though, is give you a big hug. Now, don't confuse this one with the Tesco value blue stripe hugs that get bandied about with all the sincerity of 'have a nice day'. This is one of my highly prized special reserve hugs direct from the heart.

Lots of love to you hunni and take care. {{HUG}}

Rae.

Edited by RaeUK
Purveyor of World Renowned & Finest Hugs.

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Have you been given notice to leave the property?

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Hey hunni, you are going through the mill! I'm sorry I can't help with those issues but I'm glad your getting some help in the threads.

What I can do, though, is give you a big hug. Now, don't confuse this one with the Tesco value blue stripe hugs that get bandied about with all the sincerity of 'have a nice day'. This is one of my highly prized special reserve hugs direct from the heart.

Lots of love to you hunni and take care. {{HUG}}

Rae.

 

 

Thanks Rae, I need all the hugs I can get the moment!

Unbelieveable its all happening at once but thats the price you pay for hiding, least we are sorting it out now and trying, only with the help of lovely people like you and the others xxxxxxxxxx

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Have you been given notice to leave the property?

 

Hiya,

Thanks for reply, yeah we have a notice seeking possesion expiring 1/2/2010, section 21 (4) (a)

 

xxxxx

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Hiya,

Thanks for reply, yeah we have a notice seeking possesion expiring 1/2/2010, section 21 (4) (a)

 

xxxxx

 

For section 21 to apply on the date they request you would have to be either in default with your rent or some other breeach or not have a tenancy agreement even then you dont have to move out they would have to apply to the courts for possesion but it is an accelarated route that they are using

 

Do you have a tenancy agreeement

 

How long have you got left to run on your agreement?

 

If you are with professional lettings company with the help of CAG we should be able to fight off the section 21 once you have got rid of the alledged hceo issues

I think they are just running scared due to the issues going on with your previuous landlord

 

onlyme

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For section 21 to apply on the date they request you would have to be either in default with your rent or some other breeach or not have a tenancy agreement even then you dont have to move out they would have to apply to the courts for possesion but it is an accelarated route that they are using

 

Do you have a tenancy agreeement --- Yes we do :) an assured shorthold tenancy agreement.

 

How long have you got left to run on your agreement? Is now a monthly periodic,

 

If you are with professional lettings company with the help of CAG we should be able to fight off the section 21 once you have got rid of the alledged hceo issues. No reply from them yet :(

I think they are just running scared due to the issues going on with your previuous landlord : (

onlyme

 

 

Hi itsonlyme,

I have seen your other replies on threads and really appreciate your help, I know we're in a mess and we should have learned before all this but it was never intended, it started off small and then things seriously snowballed out oif control, my partner was working 70 hours a week but not getting us anywhere and i was preg and looking after a toddler (i was sick every day all day through my last preg) and the weeks seemed to blur and go so quickly.

All i can say is im a bit stronger now thanks to you all and im sooo pleased i am facing our issues and dealing with them, I dont want to be driven back into my rabbit hole of despair ever ever again, lots of love

 

sarah xxxxxx

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HI Sarah we can all tell from the ay your posts have changed that you are fighting back and not only that but winning too!!

I am a landlord and it si difficut to get tenants out I think that your previous landlord probably claimed for loss of rent in the tenancy agreement and you can fight this as they gave you notice to quit therfore you probably dont owe them mcuh if anything!!

 

in your current situaton have you got an AST and if so how long to run because they cant simply throw you out on 1/2/10

 

You have rights and are clever enough and strong enough to fight for them

onlyme

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HI Sarah we can all tell from the ay your posts have changed that you are fighting back and not only that but winning too!!

I am a landlord and it si difficut to get tenants out I think that your previous landlord probably claimed for loss of rent in the tenancy agreement and you can fight this as they gave you notice to quit therfore you probably dont owe them mcuh if anything!!

 

in your current situaton have you got an AST and if so how long to run because they cant simply throw you out on 1/2/10

 

You have rights and are clever enough and strong enough to fight for them

onlyme

 

 

sorry i had replied your questions here

 

- Do you have a tenancy agreeement --- Yes we do :-) an assured shorthold tenancy agreement.

 

How long have you got left to run on your agreement? Is now a monthly periodic, the 6 month bit ended in March 2009

 

If you are with professional lettings company with the help of CAG we should be able to fight off the section 21 once you have got rid of the alledged hceo issues. No reply from them yet :Cry:

I think they are just running scared due to the issues going on with your previuous landlord : (

 

 

 

Thanks onlyme,

I'd like to give you a hug :)

xxxxx

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Sarah speak to the agents that you are letting from now and ask them why they want you out when you are upto date (I assume you are)

 

This is where you need to win them over as they can enforce a section 21 fairly easily because your agreement is on a monthly basis but no landlord wants an empty property

 

As an alternative route if you get nowhere with the agents you can speak directly to your landlord they dont want to have a void in tenancy and might be being led by the agents I certainly wouldnt throw you out it is an absolute nightmare having voids and no payments

 

You will need to find out why they want you out

 

If you call them on a mobile phone some phones can record conversations

start doing that with anyting that is important you never know when you might find a golden nugget

 

Onlyme

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Sarah speak to the agents that you are letting from now and ask them why they want you out when you are upto date (I assume you are)

 

This is where you need to win them over as they can enforce a section 21 fairly easily because your agreement is on a monthly basis but no landlord wants an empty property

 

As an alternative route if you get nowhere with the agents you can speak directly to your landlord they dont want to have a void in tenancy and might be being led by the agents I certainly wouldnt throw you out it is an absolute nightmare having voids and no payments

 

You will need to find out why they want you out

 

 

If you call them on a mobile phone some phones can record conversations

start doing that with anyting that is important you never know when you might find a golden nugget

 

Onlyme

 

 

hiya, yep i know what you're saying, we have 485.00 of the 625.00 rent going in every month and are trying to deal with the £800+ we are behind on.

 

I think we are just easy targets for them to bully really :(

 

I'm sending the email soon, just got held up speaking to community legal advice, which were sooooo helpful and friendly, regarding the bailiff taking the car - he said we can do the n244 (good coz we have)! but he doesnt think itll work. He said to try a N245.....? I'll have a little look later,

 

I gotta go out and get some shopping before more snow comes but will be back on by Tea Time.

 

Thanks again !

 

Sarah xxxxx

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hardworking-harddoneby you say you're easy targets?

 

I have been watching with interest as I am a landlord also.

 

You complain that your previous landlord obtained judgment against you for unpaid rent and now you're not paying the rent on this one.:mad:

 

You need to take a long hard look at your financial responsibilties as far as I can see.

 

If you cant afford to rent you should contact the local authorities for help!!! :-x

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hardworking-harddoneby you say you're easy targets?

 

I have been watching with interest as I am a landlord also.

 

You complain that your previous landlord obtained judgment against you for unpaid rent and now you're not paying the rent on this one.:mad:

SB You clearly havent read the circumstances or understood it

You need to take a long hard look at your financial responsibilties as far as I can see.

HW is doing this by stopping false claims against her goods

 

If you cant afford to rent you should contact the local authorities for help!!! :-x

 

Typical of the bullying tactics of a bailiff if you ask me!!!

 

This is an advice forum to help people not to condem them

 

If you were to read this thread fully you would see that HW does take her responsibilities seriously and I for one would be happy to have her for a tenant based on this thread

I have many properties which means that I have responsibilities to the tenants as it is them that make us rich and pay our mortgages.

Onlyme and many many more

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Typical of the bullying tactics of a bailiff if you ask me!!!

 

This is an advice forum to help people not to condem them

 

If you were to read this thread fully you would see that HW does take her responsibilities seriously and I for one would be happy to have her for a tenant based on this thread

I have many properties which means that I have responsibilities to the tenants as it is them that make us rich and pay our mortgages.

Onlyme and many many more

 

Whoah, hold on there onlyme. That is not bullying tactics, that IS advice to help the poster.

 

The advice is that she should seriously look at her financial responsibilities if she cannot again afford to pay her rent! The last thing she needs is another judgement surely.

 

If you really are a landlord as you claim, you will know the difficulties that can be placed upon you when your tenants persistantly fail to pay the rent they agreed to in their AST.

 

Trying to get them out is the next problem.

 

As I said, the poster really should take a step back and look at the situation from everybodies perspective.

 

If she needs the support of the local authortie to be housed then I am all for that.

 

SB on his own

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