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    • As advised statute barred debts are dead...if your alive or dead......so are CCJs that are over  6 years old and have never been executed or secured against property by way of a charging order.......no matter how much your estate is worth.
    • I booked several rooms with FABHOTELS.COM - I have made sure the rooms were cancel able and due to the condition in India regarding Covid becoming very bad I cancelled the rooms and my visit to India and will not be travelling for the foreseeable future, I then checked my account and they have stated there can be no refund back to my card but I have to accept their room credits to the value of £478 valid for 12 months when they will then expire if I do not use them by that date, I have contacted them on several telephone numbers and via email, they have refused to issue a refund : stating it is their policy to issue only rooms credits and these will expire in 12 months, they have advised they have the right to do this under the contract and under Indian law, I have raised a SEC 75 claim, via the credit card company however they have not advised what the above means and stated it will take 11 weeks for a response, I am concerned that a refund has been provided and the cancellation has been approved as such as a refundable cancellation, albeit they have stated no refund to the credit card can be made. I have sent the following to them and their response has been - we are unable to assist further - I have now concern how they can do this when the law does not allow this to be possible? The issue that I have experienced was: Disgraceful behaviour by Fab hotels in holding cancelled bookings in an expiring account when cancelled fully - NO REFUND ISSUED? Please can you refund the full amount to my credit card as due to the Covid restrictions there is no guarantee I will be in India in next twenty four months I await your refund back to my with the Credit card Company as I am not able to use the Credits expiring in 12 Months, I have been in touch with the credit card Company and they have confirmed they will be looking to FabHotels to refund back to the Original card as part of the Sec 75 Laws where a cancellation has been made and the payment has to be refunded back to the Original payment card. I have not been able to confirm I will be using the credits and therefore in order to safeguard my funds these needs to be back into my, If this is not accepted then I reserve the right to take the matter further for a investigation and chargeback as I have not authorised the payment and the reservations have been cancelled. Please can this be escalated to a senior manager and a refund issued back to the Visa card. If this is the Customer experience I have to endure then I will make it quite clear that this i not acceptable that you take money and put it into a expiring account and then ask me to contact you to get the extension, this is not customer service, I am deeply distressed by your action as there are no other Booking agents who are doing this to their customers, especially considering the hotels have been accepted as cancelled and a refund issued but held in expiring account.
    • That's logical and correct DX,  and how I understood it to work if they can't pursue the debtor  for the debt whilst they are alive, it can't be resurrected and charged against the estate or demanded personally from executors who knew diddly about that SB debt..
    • First of all, apologies for the delay in responding. I went back to work in May completely forgot about this.   Secondly, they paid out.   As you can see in my post dated May 11th, I suggested whether it would be worth trying one more time with them. Well, I did. I mentioned in my claim that, once again, they should contact DHL who would confirm that the parcel was left on the doorstep in full view of anyone passing by. I finished it off by saying that I was happy to go to small claims court over this if I do not hear back from them.   About a week later I received an email stating the claim was successful and they asked for my bank details to transfer the money over to.    I'm surprised they didn't drag their heels over this but perhaps me seeing the picture of the supposed delivery and them knowing that I was doing my own 'investigation' into DHL made them nip this in the bud sooner rather than later.   And a reminder to anyone else reading this: contactless delivery does not mean that couriers can leave the parcel on your doorstep and leave. It means the courier leaves your parcel on your doorstep, waits for you to open the door and confirm receipt of the parcel, (the courier takes a picture, this seems to depend on the courier) and then and only then is delivery of the item concluded.
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    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
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      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
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      • 16 replies
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hello,

i am due to be evicted from my council house in 8 days due to rent arrears.

my arrears stand at 4220 but i have paid off 1700 this week. i was informed by the council that if i pay 1444.23 then the eviction would be suspended but they have gone back on this offer and now say i need to pay 3000 to stop the eviction. i have filed for suspension of the eviction and am in court on friday, i have offered the 1700 i have paid and to pay 20 pw off the arrears. what do u think the chances are of me being evicted? i have nowhere else to go and although the council have advised me they have a legal obligation to provide me with temp accomodation for 28 days, there is no way i could take my daughter to one of those places!! ... please help im so scared.

 

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Hi, can you give some background as to how the arrears occurred. Are you able to prove to the court that you can afford the £20 per week extra?

As you have a small child I'm sure the judge will suspend the eviction, especially as you have paid £1,700.

Also, have you contacted Shelter? 0808 800 4444. They can be a great help in negotiating with the council and can even attend court with you.


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It will be up to the Judge. Things likely to be taken into consideration are:

 

the amount of arrears

how much of the arrears have been cleared since the last Court hearing

what the payment history is like since the arrears started to accrue - someone who seems to have tried to pay even if the payments have been somewhat irregular or not enough to cover the weekly rent will have more of a chance than someone who paid very little or nothing at all

how many chances they have had - arrangements made that were broken, previous Court appearances, etc

 

Some Judges are stricter than others though.

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yes, the rent arrears are mostly due to housing benifits not paying up as i couldnt provide proof of my business rent. theres nothing i can do about it though, as far as the council are concerned i owe the money and it needs to be paid. what do u think are the chances ill be evicted?

thanks for your help

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the council got a possesion order in dec 09, which i got suspended as i was waiting for housing benefits to pay and backdate. they didnt end up paying so they went for eviction. im now in a totally different position, im working full time and earning enough to pay rent plus 20 pw.

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What is the monthly rent?


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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The best advice I can give at the moment is pay off what you owe or seek legal advice. It would be better if you can get some legal representation for the hearing. If you can't get free legal advice or afford to pay then check with the Court if there will be a duty solicitor available on the day.

 

I've seen people who have been taken to Court 3 or 4 times and who always break the terms of the suspended order get another suspension yet people I thought would get one are told no and the eviction goes ahead. So it's hard to say what chance there is that you will be evicted.

 

Why couldn't you provide proof of business rent to HB?

 

When was the suspended order made? What were the terms? What were the arrears then? I make your current arrears to be about £2500.

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Yes my arrears are about 2500. Last time I was in court my arrears were over 3000. I am now in a good position to pay my rent and arrears and have a letter from my employer proving I am employed. I have paid all I can as I was advised I needed to pay 1444.23 to stop the eviction which the council have now gone back on. The court hearing is tommorow and petrified isn't even the word!! :(

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What is the monthly rent (or weekly)?


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Did you ring Shelter? I put the number in Post 2 of this thread.


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

 

 

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Yes and I have a solicitor attending the hearing. I've done everything I could possible do i'd just like your opinion on what u think wil happen. Thanks

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Presuming you are an assured tenant, and also presuming that the eviction is under Section 8, grounds 8, 10 and 11, then I am afraid I see no other result than possession order being granted.

 

Should the arrears stand at greater than £544 at the time of the hearing, the court is obligated to grant possession - there is zero discretion for the courts in this case.

 

I'm sorry I have no better news.


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Given that you have paid a lump sum, can prove your employment and you have a child living in the property I think you have am excellent chance of success. The solicitor will know exactly how to put your case to the court so please try to stay positive.

 

Is the solicitor provided by Shelter?


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

 

 

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I'M scared now! You've both given such different answers. So is eviction obligitory for arrears over 544? I know of people who owe thousands and haven't been evicted! :(

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Ground 8

Rent is unpaid at the time of service of Notice seeking possession and at the time of the hearing for a Possession Order;

a) In the case of rent paid weekly or fortnightly at least eight weeks rent is owing.

b) In the case of rent paid monthly at least two months rent is owing.

c) In the case of rent paid quarterly at least one quarters rent is more than three months over due.

d) In the case of rent paid yearly at least three months rent is more than three months over due.

Two months rent arrears will normally give the Landlord an automatic right to a Possession Order.

 

For your information.

 

I assume that you are an assured tenant? What was the exact wording of the notice of eviction?


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Stranger things have happened, but in my opinion the court effectively has its hands tied here.

 

Although any court, with discretionary or mandatory grounds, is likely to take into account extreme hardship cases.

 

When was the notice of intended possession served also?


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Well, hold on - it is at the end of the day only my opinion.

 

Of absolute key relevance is the grounds listed on the notice of intended possession.


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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It also very much depends upon the type of tenancy you have.

 

There is ALWAYS point in going to such a hearing.


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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And of course a suspended possession order is always possible (and potentially quite likely, due to the reasons Ell-enn has stated above).


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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