Jump to content


  • Tweets

  • Posts

    • I see they're trying to round up asylum seekers and lock them up for about three months so they can be put on planes to Rwanda. I'm a bit surprised that this is legal.  
    • thought for the day "Prime ministers need a big strategy that tells you where you’re going, you need a bunch of tactics that get you there, and you need the ability to take everybody else with you."   Now I know you are all thinking 'why is the  UKs destination Rwanda ???
    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
    • Right that's exactly why so many drivers got caught, it had been that way for many years then suddenly changes with no warning
    • The hearing is 25th June, I have downloaded items to different organisations previously but they do it a simple way and I just cross out private things with a felt tip and sent to an email address.  I have looked at the instructions for CAG it seems extremely complicated especially this about having to use a system MSPAINT.EXE that removes your personal information. I am hoping one of my Grandchildren understands things to give me help, I have shown one of my daughters she said she does not understand the instructions. I have a PC and I mainly use a lap top, as previously advised I only understand the straightforward things, sending an email and using my scanner to send a document that I save in a file or send it to an email. I will try and find someone to help me, thanks for your help you have given me so far appreciate it        
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

NOSP Ground 8 rent arrears Catalyst housing association


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5222 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Please really need some help. My Housing association have told me they want to hand me a ground 8 Notice of seeking possession order due to rent arrears of more than 2 months.

 

They have not really consulted with me whether i can afford to make payments, but have told me to pay more than £10 per week for the arrears is now £1783.

 

Unfortunately some of the arrears acquired due a previous tenancy which was transferred to them, and when i was working. I am already paying £10 per week although i am on benefits and by law required to pay £3.75.

 

I have a meeting with the manager on the phone before Christmas who told me that i either paid a big amount as £10 will take forever and they would seriously seek a NOSP ground 8 where the judges have no discretion.

 

Can anybody help on what to do at the next meeting with the manager, who just seems he just wants to kick me out!

Link to post
Share on other sites

Hi,

 

The manager is correct, if you have 2 months rent owing on an 'AST' tenancy agreement then they can issue a section 8, ground 8 notice, and when it eventually goes to court the judge has no alternative but to give the association possession.

 

So, you need to find a compromise with the manager. Remember, your housing is a priority.

 

You say the court order is for £3.75 per week? And you are paying £10? So you can show that you are making an effort. I presume all your current rent payments are up to date?

 

When did you last sign a tenancy agreement with the HA? (This could be very important) How much is your rent per month? Do you claim all the benefits you're entitled to? Could you find somewhere cheaper to live? (A new landlord wouldn't / couldn't evict you for a debt to someone else).

Edited by Rooster-UK
Reference to unauthorised website removed
Link to post
Share on other sites

the HA can only take as prescribed in law for a person on benifits not what they want to demand , contact the welfare rights @ your local council urgently, a NOSP when issed will not be actioned if an agreement is kept to, ( and this must comply with the law ) also once the arrears are cleared it becomes null and void, the best way is to get DWP to make the amount they can legaly demand deducted from your benifit and paid direct,

 

Also a strong letter to the CEO of the HA complaining about the Managers demands should be done urgently, and also to your local councillor and MP

..

Link to post
Share on other sites

Hi and thanks so much for your replies.

  • The tenancy is an assured.
  • i moved into the property in Feb 09 with another landlord and Catalyst took over in July.
  • Catalyst have not provided me with a tenancy agreement as to date or a rent book
  • Also because I am classed as having a disability would this apply:
    22.— Discrimination in relation to premises.
     
    (1) It is unlawful for a person with power to dispose of any premises to discriminate against a disabled person—
    (a) in the terms on which he offers to dispose of those premises to the disabled person;
     
    (b) by refusing to dispose of those premises to the disabled person; or
     
    © in his treatment of the disabled person in relation to any list of persons in need of premises of that description.

Link to post
Share on other sites

Hi, firstly, I think your 'disability' clause is a bit of a red-herring - you could only rely on it if you could prove a non-disabled person in the same financial situation would be dealt with differently.

 

However...

 

It might be worth getting advice on who you actually owe the rent arrears to. It is my understanding that although your tenancy transferred to Catalyst, the arrears won't have done. Any rent you should have paid to Old Landlord is still owed to OL, not Catalyst. Therefore all the money you have paid to catalyst, since Catalyst took over, should have gone to pay rent from the date catalyst took over. Does that make sense?

 

Example:

 

Apr Rent Due £1000, Rent Paid £100, Owed £900

 

May Rent Due £1000, Rent Paid £100, Owed £1800

Jun Rent Due £1000, Rent Paid £100, Owed £2700

=====Catalyst take over=====

Jul Rent Due £1000, Money Paid to Catalyst £500, Owed to OL £2700, Owed to Catalyst £500

Sep Rent Due £1000, Money Paid to Catalyst £1000, Arrears Paid to OL £500, Owed to OL £2200, Owed to Catalyst £500

Oct Rent Due £1000, Money Paid to Catalyst £1000, Owed to OL £2200, Owed to Catalyst £500

 

Substitute your own figures, but so long as rent due to Catalyst remains below 2 months worth or rent, then you can fight a section 8 ground 8 re-possession.

 

An easy way to check might be to phone old landlord and ask if you owe them any money - if they will put in writing that you owe (say) £1000, then that is £1000 that Catalyst can't claim you owe them.

 

The above is my UNDERSTANDING of your situation, it is not a situation I have been in, so I may have misunderstood either your situation or the law. Put this suggestion to someone who knows about tenancy matters (CAB Solicitor?) and see if they agree.

Link to post
Share on other sites

the HA can only take as prescribed in law for a person on benifits not what they want to demand

 

This is true, but while it stops them taking too much money it doesn't prevent them applying for possession of the property.

Link to post
Share on other sites

Thanks for the info I have been scurring the website for info as well even lexix nexis.

 

The property is Housing Association and I have developed a plan to pay off more than half (3/4) the arrears in 3 years would that seen reasonable to them?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...