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    • Please help with the wording of my reply :)!  
    • HB - friend historically has left issues to the last moment, always incurring extra costs.  It has been so frustrating.  Always worried about bills; yet always ending up paying more...   Dx- Is it worth friend writing to the court to say that a legal rep could go to the court on the hearing date - to request Claim be stayed/ struck out?  Even though bank has said they will write to the courts to say arrears paid in full?  Or does bank action mean the claim court hearing will automatically be withdrawn?   Or does friend have to go the N244 route?
    • Hi Everybody,   Long time lurker and appreciative of advice on here, but have something of a pickle of my own which hopefully you can help with...   I left a flat in November 2017 and paid what I thought to be a final bill payment (with notorious SP), and also discussed my end of tenancy date with the CS rep. 6 months later go by and I get a call from somebody saying I'm overdue a bill payment for the utilities in the flat, and that they are wanting money from me. I politely told them they are mistaken and I was all finished up with them, and that they couldn't move with me to my new address. Cue another two months of nothing, and they re-appear on my phone, asking for money. I politely told them that it was nothing to do with me, and to speak to the new tenants / property company who managed the previous flat (and gave their address). 6 months later, I decide to check my credit history in-depth and see that there is a default listed on my account for around £100, so I called them up to complain that there was an unwarranted and invalid default on my account, and they highlighted that they never took the final payment and was outstanding an amount which I was not aware of. When discussing with them on my departure dates, they actually had it listed incorrectly, and I then gave them the correct dates, and said they would review and revise the bill statement but needed payment of ~£100 then and there, but would be rectified and re-imbursed when reviewed. They also said they would take care of the default on file if it was incorrect. 2 months later I get a cheque in the post for overpaying them and nothing further is required. I call them up to confirm relating to the default and they advised it would be done in due process. I am now 2 months later (apologies if these months don't add up) and I have checked my credit file with a 'Satisfied' label on the default. I called them up to get it removed, and they are saying they no longer want to remove the default, and that the default was valid.   What is the best course of action for me at this point.. Is there any hope for me here to get this removed?   Thanks in advance! Dave
    • EDIT: Sorry wrong forum, tried to delete.   Hi Everybody,   Long time lurker and appreciative of advice on here, but have something of a pickle of my own which hopefully you can help with...   I left a flat in November 2017 and paid what I thought to be a final bill payment (with notorious SP), and also discussed my end of tenancy date with the CS rep. 6 months later go by and I get a call from somebody saying I'm overdue a bill payment for the utilities in the flat, and that they are wanting money from me. I politely told them they are mistaken and I was all finished up with them, and that they couldn't move with me to my new address. Cue another two months of nothing, and they re-appear on my phone, asking for money. I politely told them that it was nothing to do with me, and to speak to the new tenants / property company who managed the previous flat (and gave their address). 6 months later, I decide to check my credit history in-depth and see that there is a default listed on my account for around £100, so I called them up to complain that there was an unwarranted and invalid default on my account, and they highlighted that they never took the final payment and was outstanding an amount which I was not aware of. When discussing with them on my departure dates, they actually had it listed incorrectly, and I then gave them the correct dates, and said they would review and revise the bill statement but needed payment of ~£100 then and there, but would be rectified and re-imbursed when reviewed. They also said they would take care of the default on file if it was incorrect. 2 months later I get a cheque in the post for overpaying them and nothing further is required. I call them up to confirm relating to the default and they advised it would be done in due process. I am now 2 months later (apologies if these months don't add up) and I have checked my credit file with a 'Satisfied' label on the default. I called them up to get it removed, and they are saying they no longer want to remove the default, and that the default was valid.   What is the best course of action for me at this point.. Is there any hope for me here to get this removed?   Thanks in advance! Dave
    • My thought is: you need a solicitor yourself, and quickly.   The legal situation sounds extremely complicated.    There's only question that I feel confident in advising you on. You ask "The letter was also not recorded in case it makes a difference." No it doesn't. It might have done if you hadn't received the letter, but you have.
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Recovering deposit, judgment in our favour, bailiff unsuccessful - what next?

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We received a county court judgement in our favour back in Feb 2012, and got a warrant of execution in March. Since then the bailiff has been unable to get anything from our landlord.

 

In fact, the bailiff claimed that our landlord was no longer at his residence, we visited a week later and found him still living there.

 

our landlord never attended a hearing and still thinks he is in the right. We think that if he actually turns up in court, he will realise what the law is and pay up. We even got as far as giving him the forms to appeal the decision, he filled them out along with a cheque, but we had incorrect info and told him it was £75 fee, so it got rejected because it's actually £80.

 

Now according to my housemate, the warrant is no longer valid. Apparently the bailiff cancelled it because our landlord was appealing, but then the cheque was for the wrong amount.

 

So we either want to (a) get him to appeal so we can see him in court (b) find another avenue for recovering the money.

 

Does anyone have any suggestions for achieving either of these?

 

For (b), we think he might be self employed, but we are applying for an attachment of earnings order search, to see if anyone else has applied for this (he has had other debts in the past).

 

We also have his bank account details still, and I think we can apply to recover money from the bank. Does anyone know how this works? Does he get any notice before hand? Is it a one time only thing (i.e. if there isn't enough money in the account, is that it?)

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Why don't you start off by putting a charge on his property. You have a judgment - so it should be straightforward - although I don't know the nuts and bolts of it.

I think that this is where I would start - assuming, of course, that he is the owner of the property. It could well be that it is in someone else's name.

 

Is he still your landlord? Are you still paying him rent?

 

He may have a bank account but of course there is nothing to stop him getting another one elsewhere.

How much is the judgment for?


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He owns the property we rented but doesn't live there, he rents a separate flat a few miles away. We left the property in 2011.

 

The judgment is for ~£900. He's lazy and unreliable, but I don't think he's very shrewd. I'm hoping he's still using the same bank account to collect rent from his tenants.

 

We've put too much money into this now (for the judgment and subsequent warrant), so we are only going for one final course of action. So we need to make it count.

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He owns the property we rented but doesn't live there, he rents a separate flat a few miles away. We left the property in 2011.

 

The judgment is for ~£900. He's lazy and unreliable, but I don't think he's very shrewd. I'm hoping he's still using the same bank account to collect rent from his tenants.

 

We've put too much money into this now (for the judgment and subsequent warrant), so we are only going for one final course of action. So we need to make it count.

 

Did you use the county court bailiff or escalate it to a HCEO (an option for a £900 judgement).

 

I've previously seen on CAG comments that the HCEO's are more likely to collect than a county court bailiff as the former works on a fee basis, while the latter is salaried?.

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Get a charge on the property before you do anything else. That way, your position is secure.

 

Secondly, if you decide to get the High Court enforcement to do it, be careful. If they fail then they may turn to you for their very expensive costs. Talk to them on the phone - but record the call.

I had to instruct them on the phone once and they assured me that there was no fee payable by me if they failed. I recorded the call.

They did fail and later on denied the conversation. I sent them a copy of the sound file and never heard from them again.

 

Get the charge - then maybe consider bankruptcy. Once you have the charge, you have him where you want him.


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