Lost Set Aside an SD...Made Bankrupt lost house now..

[citizenB]

Ah aright.. I wouldnt think that the creditors would have any say in the choosing. I am sure others will look in on you when they have finished their day jobs.

 

Have you a thread regarding the BR .. I will go and have a look.

[citizenB]

Unfortunately, legal success in this country is based on who has the deepest pockets.

 

In some cases it must seem like that

 

As I dont know how you approached this from the beginning I am unable to say if you could have done something differently then the outcome might have been in your favour

 

I would agree that it the final bill does seem excessive.

[John Henry]

I would like to ask: Do I have the RIGHT to be provided with the electronic computer records relating to my recent case in the Chancery division?

[citizenB]

http://uk.practicallaw.com/6-580-4345

 

Does this link have the answer to your question ?

[John Henry]

does this link answer your question? no it does not

Edited February 15, 2016 by Andyorch
No need for caps

[unclebulgaria67]

does this link answer your question? no it does not

 

Yes if it relates to your data under the Data Protection Act. Send a subject access request.

 

In the request specifically tell them what you want to see. Send to the courts Data Protection compliance officer.

[John Henry]

Hi Unclebulgaria67 Thank you for that. much appreciated.

[John Henry]

I hope that somebody can offer information on this topic please.

 

 

What is the law relating to Eviction Warrants

 

1) Does the warrant need to be issued at the same time as the notice of eviction?

 

2) Are all Eviction warrants exactly the same format?

 

3) Is a "wet ink" signature required on the warrant by a judge to make it legal?

 

4) Should a copy of the warrant be served with the eviction notice?

 

5) What other requirements are mandatory to make this document legal?

[Cvt1]

A notice of eviction is a warrant.

The person wanting the eviction needs to serve correct and valid notice to a tenant of rented property, before going to court. If it's possession of a mortgaged property, the mortgage company will complete a claim form for possession. Then, claimants for possession must go to court to obtain a possession order. The type of claim for possession is determined by the type of notice served. Some claims are defendable, others are not.

 

When the court order for possession expires, the landlord/mortgagee can ask a court for the warrant to be issued. A judge will sign the paperwork for this. The county court bailiff will usually hand deliver the warrant or notice of eviction, which will give a time and date for the eviction. That's the county court route for possession.

 

If you have a warrant, you need to act quickly. If it's a court order, you probably have a little more time. Go to Shelter. Get advice.

Edited February 14, 2016 by citizenB
removed formatting codes

[mikeymack2002]

Unless the LL asks for permission to move it up to the High Court. Here you don't get any notice except maybe a couple of hours to pack and leave.

[Cvt1]

Unless the LL asks for permission to move it up to the High Court. Here you don't get any notice except maybe a couple of hours to pack and leave.

 

Notice requiring possession/seeking possession must be served first. This is not the same as a warrant/notice of eviction We aren't sure what the OP has, as his original question is not clear. Often, people with possession orders quote that they have eviction notices. They aren't the same. If the landlord obtains a possession order, he can apply to the high court, which will get a bailiff to the property quickly, but it is more usual to use the county court service.

 

He needs swift advice

Edited February 14, 2016 by citizenB
removed formatting codes

[mikeymack2002]

Well it is worrying that it appears that FMOTL info has been taken 'wet signatures'

 

All we can do is to wait to see if the OP clarifies what s/he has...

[stu007]

It would be good if the op could give us a brief history that has led to this.

 

also what type of tenancy agreement, when it started, when did they get this notice , is this for commercial or a residential property etc.

 

these links may be helpful:

 

Private renting for tenants: evictions

https://www.gov.uk/private-renting-evictions/rules-your-landlord-must-follow

 

Evicting tenants (England and Wales)

https://www.gov.uk/evicting-tenants/overview

Edited February 13, 2016 by stu007

[BazzaS]

Well it is worrying that it appears that FMOTL info has been taken 'wet signatures'

 

All we can do is to wait to see if the OP clarifies what s/he has...

 

Agreed. Anyone relying on the "wet signature argument"

to state a court document isn't valid needs to look at CPR 5.3

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part05#5.3

 

Signature of documents by mechanical means

5.3 Where any of these Rules or any practice direction requires a document to be signed, that requirement shall be satisfied if the signature is printed by computer or other mechanical means.

 

For the criminal courts:

http://www.justice.gov.uk/downloads/about/about-the-justice-system/transforming-justice/legal-guidance.pdf

‘Wet’ signature

There is no requirement in relevant statutes or Rules for a signature to be in ink on paper (a so-called ‘wet signature’) or that a document must be signed in any particular way.

A ‘wet signature’ is no more inherently reliable for confirming the authorship, integrity, or authenticity of a document than is a digital signature. In the event of a dispute about the authenticity or integrity of a document, an enquiry would need to be held into the provenance of the statement in question, whether it were in ‘wet’ or digital form.

[John Henry]

Hi Folks, This is a mortgaged property, and relates to one of two people being made bankrupt, albeit totally unjustified reasons are a bit to complicated for here, but nevertheless need to be challenged as a gross miscarriage of justice, any other facts that I can provide I will.

[BazzaS]

Hi Folks, This is a mortgaged property, and relates to one of two people being made bankrupt, albeit totally unjustified reasons are a bit to complicated for here, but nevertheless need to be challenged as a gross miscarriage of justice, any other facts that I can provide I will.

 

Who has applied for possession, the lender or trustee in bankruptcy?.

What makes it a miscarriage of justice?

 

You say "other facts that I can provide I will" : seems like you will have to if you want reliable advice; why not give all the facts you have (bar information that identifies the people being evicted) rather than drip-feeding the information?

[John Henry]

1) The Trustee in Bankruptcy applied for possession,.

 

2) The reason that I have stated, that a miscarriage of justice occurred: is that the judge on the day decided, to agree with their solicitor that the sum claimed (on the day) would be followed up, in the future with many other "Rogue Trader" iL` Legal costs and would have interrupted the "Game plan" to have a successful decision (get a result) on that day, to seriously restrict me from being able to take further counter claims against the claimant.

[BazzaS]

1) The Trustee in Bankruptcy applied for possession,.

 

2) The reason that I have stated, that a miscarriage of justice occurred: is that the judge on the day decided, to agree with their solicitor that the sum claimed (on the day) would be followed up, in the future with many other "Rogue Trader" iL` Legal costs and would have interrupted the "Game plan" to have a successful decision (get a result) on that day, to seriously restrict me from being able to take further counter claims against the claimant.

 

So, the bankrupt had an asset, and that asset was given over to the trustee in bankruptcy?.

 

Where is the wrongdoing in that?.

 

If you have a cast iron (or near cast iron) case against a defendant but can't afford to engage a solicitor, seek a solicitor on a contingent fee basis, with after the event insurance, or post enough details here to get advice to move forward as a litigant in person.

Alternatively, there is an option to commence proceedings and seek an order for an interim payment (again, reliant on a cast iron, or near cast iron case).

 

At the moment we have insufficient detail to distinguish between:

a) a person wronged by a doubtful decision, and needing access to justice, and

b) a person who has been fairly treated, who is crying "foul" because in litigation, one party wins, one looses, and some people can't accept that maybe they had a weak case, and that any decision against them must therefore be a miscarriage of justice / "Rogue Trader"/ iL Legal costs, rather than a reflection of the weakness of their legal case.

 

Without details ; how can you expect reliable advice?.

 

Why shouldn't the Trustee in Bankruptcy realise an asset of the bankrupt?

Were they on the (legal) title to the property?

How was the beneficial (equitable) interest on the property held, tenants-in-common or joint tenancy?

How long after the bankruptcy was the possession order sought?

What actions during the time before the possession order was sought were taken regarding the property, and the rights of any co-owners or persons in actual possession?

These questions may not be an exhaustive list to enable advice.... but at least it is a start.

[steampowered]

What sort of data are you trying to get?

 

A SAR under the DPA would only get you information which is treated as 'personal data', which usually needs to be biographical in some sense. That would not necessarily get you everything you want. It is worth asking the court for a copy of their data protection policy if that is the route you want to go down.

 

There could be an exemption the court can rely on to avoid having to respond to your SAR, I haven't checked.

[DavidP24]

I disagree, you are entitled to all data (computer and paper) held about you that can be LINKED TO personal data, so if you call a radio station and give them your phone number and they store that in a record that says "this guy is a racist" they have to provide you with that complete record. I have even obtained "related" data, that is data held in one table that in held in a relational database where there is a common key field.

 

The example would be Tesco, they may have your name, address and phone number in table a and the key field might be ABC124, then in the clubcard table there may be records where ABC124 is listed but not your name etc, still because it can be accessed and related to you, then you are entitled to it.

 

If one followed your login all they would tell us is our name and address etc.

 

Once you know what the data says you can make requests about it.

 

Another example is your credit record, once you provide your name and address they will provide you what data they have RELATED to you.

Edited February 19, 2016 by DavidP24

[BazzaS]

I would like to ask: Do I have the RIGHT to be provided with the electronic computer records relating to my recent case in the Chancery division?

 

Does this relate to your thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?459968-Eviction-Warrant-Procedure.&p=4860888#post4860888

(Where you haven't provided enough detail to allow reliable replies.....)

[John Henry]

Hi,

I would like to ask for advice,

as to the legality of form:

N54 A (further attempt at eviction)

 

when I went to the government website to download this document it had `Sample` displayed over it, leaving me to question it`s legality.

 

This document states that

`bailiffs can re-attend at anytime without further notice`

seems rather horrendous to me,

but not at all surprising,

another covert `back door` change in the law affecting our human rights.

[AndyOrch]

http://england.shelter.org.uk/get_advice/repossession/going_to_court/eviction_by_the_bailiffs

[John Henry]

Hi, I would like to ask: What format should a `closing statement` include after a bankrupt is discharged?

 

a) Is the trustee duty bound, to issue a complete itemised inventory by way of a set legal

criteria.

b) The name of the trustee and his company.

 

c) Should this statement be signed.

 

d)Should there be supporting documentation relating to creditors.

 

e) Proof of creditor authenticity (invoices etc.).

 

f) A breakdown of costs.

 

g) At what point is the bankrupts `detailed` file passed to the Insolvency office.

 

in other words an `Audit trail` relating to every last penny acquired from the estate.

 

Thanks.

[dx100uk]

11 threads merged on related back ground case and all that's happened.

 

dx