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    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
    • well ...... 1st you need to go back to post 1 and carefully read ALL this thread from the start again and pay attention to the advice and the undertones it explains about 'debt'.   2nd ...the truth is you owe no-one ANYTHING, the OC wrote off and sold the debt, and got most of it back against tax and business insurance schemes ...throw the morality card out the window...the OC did by selling the debt on for <10p=£1. and the DCa want the full balance ...id so many fools stopped paying powerless DCA's tomorrow, the whole industry would collapse overnight.   3rd the only reason this is still around your neck is because you failed to follow given advice...had you ..it would now be statute barred.      ^^^ very important research the M+S credit card debacle using our enhanced google searchbox on this page   as for the PAPLOC reply,   D.. desipte a previous CCA requests, the claimant has yet to supply any/all of the required paperwork.   i: delete [CC is attached to this reply form]"   
    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
    • The collection is currently stored at curator James Blower's home, but he has now found a space situated in an old bank premises where he hopes to exhibit them from this autumn or early next year. View the full article
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help please repossession on my daughters house


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hi everyone im a newbe looking for advice my daughter has received a hearing on 14/8/13 she has been going through a marriage breakup and been in a car accident which has left her with some memory problems and has misunderstood her agreement her arrears are £1500 she has rang the solicitors with a offer but they want the full amount what im thinking is if we put an offer in writing of £500 and the remainder over the term of the mortgage would this prevent her going to court in her present state im worried she may not cope if not could i state in the letter that we would complain to the ombusman to buy us more time any help would be appreciated

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Hello and Welcome,

 

I've moved this thread to the appropriate forum, please continue to post here regarding this issue, hopefully you will get some help shortly.

 

Regards,

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi there, Usually the only way to stop the hearing is to pay all the arrears - unfortunately Santander don't have a great reputation for compromise, however - I suggest you make the payment of £500 (this will help your case enormously) and then write to them stating you have made the payment, describe the circumstances and ask that they adjourn the possession hearing. I can draft a letter for you if you need me to ? Also need you to answer the following:

 

How long does the mortgage have to run?

How much is the normal monthly payment?

How much can she afford to pay towards the arrears on top of the monthly payment?

Is she in full time employment?

Are there any children living in the property?

Help us to keep on helping

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

 

 

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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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hi everyone im a newbe looking for advice my daughter has received a hearing on 14/8/13 she has been going through a marriage breakup and been in a car accident which has left her with some memory problems and has misunderstood her agreement her arrears are £1500 she has rang the solicitors with a offer but they want the full amount what im thinking is if we put an offer in writing of £500 and the remainder over the term of the mortgage would this prevent her going to court in her present state im worried she may not cope if not could i state in the letter that we would complain to the ombusman to buy us more time any help would be appreciated

 

Hi

 

Just going on what you have put so far

 

They might agree to the proposals and contact the court - but you would have to be sure and request something in writing

 

The lender should follow the pre action protocol and if there are health issues then even more so.

 

Best get proper advice and if possible representation at court if necessary

 

In the meantime it might help checking out the recently updated user friendly CAB guide below on mortgage arrears / repossession

 

http://mymoney.nedcab.org.uk/moneyadvice/mortgagearrears.a

 

If you put up more info there should be people on here who can help and guide you further.

 

When the home is at risk, best to be sure, if any doubts get proper advice ASAP

 

Best Wishes

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Hi there, Usually the only way to stop the hearing is to pay all the arrears - unfortunately Santander don't have a great reputation for compromise, however - I suggest you make the payment of £500 (this will help your case enormously) and then write to them stating you have made the payment, describe the circumstances and ask that they adjourn the possession hearing. I can draft a letter for you if you need me to ? Also need you to answer the following:

 

How long does the mortgage have to run?

How much is the normal monthly payment?

How much can she afford to pay towards the arrears on top of the monthly payment?

Is she in full time employment?

Are there any children living in the property?

 

Hi

 

Apologies, you beat me to it

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Hi

 

Apologies, you beat me to it

 

No problem Wintry - all advice appreciated :) we also have a repossession guide here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession

Help us to keep on helping

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

 

 

This site is run solely on donations

 

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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thanks for quick reply she has 2 children 7 and 9 mortgage has around 16 years her normal payments are £545 she had £2000 in arrears she had an agreement to pay £630 but she has misunderstood what she agreed and has been paying £600 so she can afford £50 on top and she is now unable to work because of the accident i would appreciate you helping me with letters

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thanks for quick reply she has 2 children 7 and 9 mortgage has around 16 years her normal payments are £545 she had £2000 in arrears she had an agreement to pay £630 but she has misunderstood what she agreed and has been paying £600 so she can afford £50 on top and she is now unable to work because of the accident i would appreciate you helping me with letters

 

Hi there - it will take just under 3 years to repay the arrears at £50 per month and I'm sure a judge would think that is reasonable. You say she is unable to work because of the accident? how will she pay the mortgage going forward?

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

 

 

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Hi, affixed is a draft letter to send to the lender. Make sure when you print it out it all stays on one page. Send by recorded delivery (make sure you keep the postage receipt!) and keep a copy of the letter for yourself.

 

Using the number from the postage receipt, check on the royalmail website a few days after posting to print off the signature receipt - staple the receipt to your copy of the letter as you may need to produce that with your defence if you still have to go to court.

Help us to keep on helping

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

 

 

This site is run solely on donations

 

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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You're welcome. Get the letter off asap and lets see what their response is. We will continue to help you if you need to attend the hearing.

Help us to keep on helping

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

 

 

This site is run solely on donations

 

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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