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    • Default Amount £9237.88, all this started in 2006 Admitted debt £9075.65 Weightmans added £1515.01 immediately they became involved, no explanation The Statement shows when Marlin bought debt in May 2011 £10439.25 Their statements, not received until the SAR, are based on this. Cabot deducted £1515.01on their statements in January 2019, again did not find this out until SAR. Weightmans added in  2007 after the CH1 etc was confirmed by the court £741.50, made up of Process server fees, Court Fee (they tried for bankruptcy), Solicitors fee and Land Registry fee. Unspecfied Legal costs were added by Marlin in March 2015, again I did not know this until statements received with SAR I had been paying monthly, without exception until December 2018. I am minded to take the property charge, CH1 amount ,deduct all my payments and the subsequent fees, and request/demand a refund on the final payment made? I consistently disputed Weightmans balances, but they never responded. I also told Mortimer Clarke/Cabot that I disputed their amounts.  
    • Just follow this link and have read of some threads so your familiar with the process https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5178739
    • Sorry,  I'm not familiar with terminology.  Direction questionnaire is what I've seen online as next step. Witness statement: I haven't gone that far, that's why I put the question marks.
    • 2. Is correct disregard 1. You must attend ad per the order 
    • Confirmed with Central Contact Centre that the hearing is 24th, disappointed I can't speak directly with the local county court I have to email the local court apparently is the only way. The agent couldn't explain the discrepancy between the two letters, she sounded very confused. If they were identical letters in wording but only dates were different I would feel ok, slightly worried the wording differs...
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council house eviction PLEASE HELP


james345
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Hello and thanks for reading my post. Im in a situation where my mother had to go back to spain for another medical treatment and she has been gone for the last 4 months and since we do not live together I do not normally go to her house. Now it turned out that the house has not been paid for since she has left and yesterday I found 2 letters posted through her letterbox. One of them is Possesion Order and the other is a Notice of Eviction which is supposed to take place on the 4th of August. Now I can clear all the arrears of £1700 this week but Im not sure if I should empty my pocket completely for another 3 months if she is to loose the house anyway. The Notice of Eviction mentiones that she could apply for a suspension of eviction but Im not sure whether I would be able to do it for her since I have not lived with her for 30 years. Any help will be much appreciated.

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you need to be telling the council all of this

 

most are very accomodating WHEN THEY KNOW WHAT IS GOING ON

 

they have only acted because they do not know.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi, contact the council before doing anything else they may sort it out without having to go to court if you pay the arrears. there can be no eviction if there are no arrears.

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I rung the council this morning and they said they are saying that the no longer suspend the evictions and that my mother would need to apply herself. So is it the N244 form? and is it worth doing all that? Will I be able to appear at the court for her? Many thanks once again.

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I rung the council this morning and they said they are saying that the no longer suspend the evictions .

 

 

Really?? Give Shelter a ring (they're not just for homeless, they can help with council rented situations and can intervene on your behalf) - they are excellent at this sort of thing 0808 800 4444.

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Hello and thanks for reading my post. Im in a situation where my mother had to go back to spain for another medical treatment and she has been gone for the last 4 months and since we do not live together I do not normally go to her house. Now it turned out that the house has not been paid for since she has left and yesterday I found 2 letters posted through her letterbox. One of them is Possesion Order and the other is a Notice of Eviction which is supposed to take place on the 4th of August. Now I can clear all the arrears of £1700 this week but Im not sure if I should empty my pocket completely for another 3 months if she is to loose the house anyway. The Notice of Eviction mentiones that she could apply for a suspension of eviction but Im not sure whether I would be able to do it for her since I have not lived with her for 30 years. Any help will be much appreciated.

 

What does the actual judgment for the possession order say? Does it indicate what grounds possession was claimed under?

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Did you ring Shelter ?

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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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Order has been made on discretionary grounds and court ordered to give the possession and pay the debt off + court costs.

 

Which ones? They should be numbered, if not in the order, then go and look for the original court papers, specifically the particulars of claim. You need to act quickly. You may be able to apply to have the order set aside on the basis that your mother wasn't present at the court hearing - you'd need her authority to act on her behalf (a letter with her signature authorising you to do so), and get the arrears cleared. However, you need to check the specific grounds to find out why the possession order was granted.

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Yes, they are not sure whether the court will suspend the warrant even if i paid off the arrears as there would be no guarantee of regular payments cos my mums away, they also said that the court could treat the property as abandoned and you can not have a council property if you have somewhere else to live. I though i could get a medical statement for that. Im still unsure if they would suspend it even if I guaranteed to pay for the property as I may not be able to speak to the court as Im not my mum :/

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Yes, they are not sure whether the court will suspend the warrant even if i paid off the arrears as there would be no guarantee of regular payments cos my mums away, they also said that the court could treat the property as abandoned and you can not have a council property if you have somewhere else to live. I though i could get a medical statement for that. Im still unsure if they would suspend it even if I guaranteed to pay for the property as I may not be able to speak to the court as Im not my mum :/

 

Are you able to give me the information I asked for? Advice given so far is based on very vague information from you and it may not be accurate if the grounds indicate something else.

 

I said set aside the order, not suspend it - they are two different things. Your mother isn't in the country and therefore had no opportunity to defend the action - if the arrears are paid and she can arrange to pay the rent ongoing, then there is no reason for the PO. BUT as indicated more than once, it depends on what the grounds for possession were.

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