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    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do medication and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out
    • Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
    • LOL. after sending Perch capital a CCA request with a stapled £1 PO attached (x2) Their lapdog Legal team TM Legal have sent me two letters today saying "due to a recent payment on the account, your account is open to legal/enforcement action" so i guess they have tried to apply that payment to the account to run the statue bar along. dirty tactics lol.
    • I have initiated the breathing space so ill wait. from re reading everything this what i understand BS gives me 60 days break from the creditors during these 60 days they may contact me and will most likely default I need to wait until after a default notice to see whether the OC will keep the debt or sell it off If kept by the OC then i should attempt a plan or pay some token payment? If sold to DCA then don't pay and after 6 years it will leave my credit report once the DN is registered with a date. DCA may start a CCJ but unlikely, if they do come back here. last question, do you know roughly how long this will all take? in terms of defaults/default notice, potential CCJ? Would you say I have 12 months plus from when the BS ends?
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Being evicted twice on 25 March -**" Warrants cancelled" **


Sodem Hall
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Hi, have you completed a budget sheet? - I have affixed one for you in case you need it.

 

I can help you with the N244 this evening if that's OK - I'm a bit tied up at work this afternoon. I can prepare a statement for Q10 of the N244 ? are you able to print it off at home?

CAG Budget Sheet.xls

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Yes completed budget sheet and sent to them with offer waiting to hear, received a response from them late yesterday "

We write further to your email of today's date, the contents of which are duly noted.

Please be aware that we have requested a statement of account from our client and once this is received we shall forwards this to you by post". If they have requested from endeavour and when they receive it will post to me, I cant see it arriving before the eviction date even though on our letter we said we needed before this friday. Thanks for your help. I have a scanner, fax and printer at home so fine with any format.

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OK, you will need a copy of the budget sheet and the letter you sent them to go with the N244.

 

Back later....

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OK understand. Are you OK with filling in the form or do you want me to post instructions?

 

I'm drafting a statement for Q.10 of the form and will post on here shortly.

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Quick question, is the Endeavour mortgage in joint names?

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Is this all correct?

 

1. Your name

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except I Believe

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details

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Is this all correct?

 

1. Your names

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except We Believe

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details

 

Yep, very nearly 1. should be names (plural) and 10. is WE believe.

 

back with the statement in a mo

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Statement affixed. You need to enter the info where there are XXX's (remove the XXX's). The info for the top part will be on the eviction notice. When you print out the statement make sure your printer is set for A4 paper, not Letter size, so it all stays on one page.

 

On the budget sheet, write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

You should now have:

 

N244 completed and signed

Statement signed

Budget Sheet - Appendix 1

 

Take a photocopy of all of the above and make 2 sets, one to take to the court and one for yourself to refer to in the hearing. There will be a fee of £35 to pay at the court - you will need cash, usually they don't take cheques or cards. They should give you a date for the hearing while you are there. Let us know what the date is.

Sodem Hall N244 Statement.doc

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When you take the form to the court they will tell you which day the hearing will be on.

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OK, one down - one to go !

 

make sure you ring the court in the morning to check the eviction has been cancelled - while you're on the phone to them see if they have a date for your hearing.

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Hearing Wed 24th March at 10.15, so what do I do now? what happens about moving out if things dont go our way, can they expect us to move out in less than a day?. Do we look for alternative accomadation which will mean we will have to put a deposit down before we know whether we are staying or not. We have been in this house for nearly ten years now and it is crammed to the rafters with stuff we would be lucky to move it all in a week let alone a day. If things dont go our way can we have the repo order postponed to enable us to move out properly?

 

Thanks

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I have stated this in my defence, but knowing my luck it will turn up in wednesday's post. Thanks for the support, unfortunatly there are a lot of people in the same situation. There are a lot of vultures out there as well, since the eviction notice was served i have had a load of phone calls from debt management and "we will buy your house off of you and you rent back" rip off merchants.

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I have just received 3 letters from Halifax's solicitors stating that the warrant has been suspended and the file closed. All letters to me (have they not heard of saving the planet). Checked with the court and they havnt been notified yet, but have it in writing from them anyway, so have some evidence if i need it. Will check with the court on monday to make sure it has been cancelled.

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If you can show you are able to make payments going forward I'm sure it will all be OK. Stay positive :)

 

Any questions before Wednesday, just shout.

 

Ellx

 

 

Hearing Wed 24th March at 10.15, so what do I do now? what happens about moving out if things dont go our way, can they expect us to move out in less than a day?. Do we look for alternative accomadation which will mean we will have to put a deposit down before we know whether we are staying or not. We have been in this house for nearly ten years now and it is crammed to the rafters with stuff we would be lucky to move it all in a week let alone a day. If things dont go our way can we have the repo order postponed to enable us to move out properly?

 

Thanks

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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