threatened with county court proceedings

[slipway101]

Hello all

 

I wonder if anyone can help.

 

I moved my business to another premises,

the old unit was re-painted and the keys were given back to the agent.

 

The agent told me that they would send a bill to me for the remainder of the rent that was owed.

 

The thing is Last week I received a bill for the rent plus maintenance (painting) and an insurance premium

(that was discussed at the time with the agents and was agreed that no insurance was payable as I already insured the inside shop unit and windows ,

which is quite common I think)

 

I wrote back to them saying I am willing to pay the rent owed but not the other two bills amounting to £650.

 

Last night they sent another letter saying that I should pay the rent now and make a schedule of payment to them for the £650.

 

I have explained my financial predicament to them at the moment

and told them I am broke and receive tax credits and even sent the the Rockwell letters to prove that I am under pressure from collectors.

 

I thought that honoring the rent would be good enough. apparently not.

 

They have given me till Monday 15th April to make payment.

 

My question is what can I do ,

 

Can I make a defence to the court knowing that i am will to pay the rent but not the two bills.

will the judge see that I am willing to pay and see that the two bills are bogus.

 

I really dont want a county court judgement against me.

If i am going to get screwed in court should I just pay up

and save myself self the chance of getting a judgement against me.

 

Your advice to date with the Rockwell people is panning out as you have told me

so thank you on that, so your help on this matter would be appreciated.

 

Thank You

Edited April 11, 2013 by slipway101

[sir_gilmour]

slipway101 welcome to The Consumer Action Group community.

 

You haven't received any replies to your problem yet so you might be better off posting your story again directly in the sub-forum which deals with your kind of situation. You will get lots of support there.

 

Also, spend some time looking round the forum. Once you understand the layout, you will be able to get best use from this Consumer Community. It is a big forumm and may take some time. But it will be worth doing.

Good luck.

[slipway101]

Hi there Sir Gilmour

 

I am finding it hard to find the place to post this story . can you help me to get the right forum please.

[dx100uk]

Hello all

 

I wonder if anyone can help.

 

I moved my business to another premises,

the old unit was re-painted and the keys were given back to the agent.

 

The agent told me that they would send a bill to me for the remainder of the rent that was owed.

 

The thing is Last week I received a bill for the rent plus maintenance (painting) and an insurance premium

(that was discussed at the time with the agents and was agreed that no insurance was payable as I already insured the inside shop unit and windows ,

which is quite common I think)

 

I wrote back to them saying I am willing to pay the rent owed but not the other two bills amounting to £650.

 

Last night they sent another letter saying that I should pay the rent now and make a schedule of payment to them for the £650.

 

I have explained my financial predicament to them at the moment

and told them I am broke and receive tax credits and even sent the the Rockwell letters to prove that I am under pressure from collectors.

 

I thought that honoring the rent would be good enough. apparently not.

 

They have given me till Monday 15th April to make payment.

 

My question is what can I do ,

 

Can I make a defence to the court knowing that i am will to pay the rent but not the two bills.

will the judge see that I am willing to pay and see that the two bills are bogus.

 

I really dont want a county court judgement against me.

If i am going to get screwed in court should I just pay up

and save myself self the chance of getting a judgement against me.

 

Your advice to date with the Rockwell people is panning out as you have told me

so thank you on that, so your help on this matter would be appreciated.

 

Thank You

 

rocky are a DCA

 

they are not bailiffs nor a fake/tame solicitor

so have NO SUCH legal powers

 

I've moved you to the res/bus letting forum

whereby you should get a reply or too.

 

don't be intimidated by a simple threat-o-gram

 

they [rocky's] can do nothing to you bar threaten.

 

dx

[slipway101]

Thanks for that.dx.

[slipway101]

Hi All

 

I have been thinking over the weekend and I am going to make an offer. I am going to offer the landlord two options. First option offer to pay the rent owed and the bill for maintenance this can be borrowed from a family member . If this is turned down then I will offer to pay the full amount over a six year period.

 

My question is now if this still goes to the county court with the two options available can any one tell me what the outcome is likely to be, will I get a county court judgement against me even though payment in full is being offered.

 

Many thanks

[slipway101]

Hello all

I have negotiated with the landlord and have come to an agreed figure of 808.70 to settle the outstanding money owed.

 

The only problem is they will only accept one payment I have requested a two stage payment 1st of £408.70 and a 2nd payment a month later for the rest of £400.

 

they have refused point blank and said that they want the whole amount in one payment.

 

I cant do this so this is going to court.

 

Now that the £808.70 wont be needed from a family member.

 

I have also said that I would be willing to pay a higher amount owed at £15 per month as my budget only allows me to do this.

 

When this goes to court and I supply my personal financial statement ,

have you any idea of what the outcome will be for me.

and will I get a ccj against me even though I have offered the above payments.

 

Many thanks

[The Carpet Cleaners]

From what I understand... If you pay any judgement within 28 days you do not get a CCJ..

 

Any longer ie if you submit a payment plan through the income and expenditure sheet, then Yes you do get the CCJ.

 

Point to note when you submit you income and expenditure sheet after the hearing, your LL will get to see it and comment on it to the court..

[slipway101]

From what I have been told, the court like to see that an effort has been made if I can prove that a the landlord was unreasonable by not letting me make a 2 stage payment of the 808.70, could the court make a judgement in my favor. The Landlord has said that they are going to seek a much higher amount and they have not told me what the amount will be. So i am going to have to wait until I get the summon find this out. It seems such a waste of time all because he wanted the payment in one lump some. I think he thinks its going to be a breez for him and he will get what he want...

 

As it stand I have no money or saving do you have any idea how this is going to play out. I am so stressed with it all at the moment that I am starting not to care what anyone does to me. even had pains in my chest for a few days last week but its gone now.

 

Your help is most welcome please.

 

regards

[slipway101]

So here i am back.

 

the landlord has got a summons and I have to go to Northampton which is about a 5-6 hour drive for me this seem really strange as the landlord and the agent are only 30 minutes away.

 

Why would they summons me to Northampton.?

 

Also the original bill has more than doubled to just under £2,000 I have had no notice of this. They have just added it to the court paper work and are expecting full payment.

 

Can anyone tell me what the best way is to deal with this please.

 

many thanks

[dx100uk]

if you defend it should be transferred to your local court.

 

dx

[acerbic]

You will not have to go to Northampton. You will, ( I think), get sent an allocation questionnaire from the court after you file your defence. The allocation questionnaire will ask where you want the case to be heard, that's where you say XXXXX. Have you sent the court an acknowledgement of service?

I am going through the court process at the moment and have a couple of days left to file my defence. If it helps, you're not alone.

[slipway101]

No I only got the paper work yesterday. I guess I should fill in the acknowledgment of service and get that back to the asap asking for the 28days instead of 14 so I can build up a case. I cant see how they can just add £800 with even telling me or giving me notice.