me and my landlords

[confusedbunny]

Update: next month, I am expected to be hit with a CCJ by my creditor (ex landlord), and I have a few questions:

 

 

1. If a payment plan is agreed by the judge, can the creditor still instruct a bailiff or high court enforcement officer?

2. If my payment plan proposal is refused, I strongly suspect the creditor is going to instruct a HCE very quickly, the only asset I have is the car, I am so scared this will be taken. I am in receipt of DLA, low mobility and middle car (the second driver/part owner) no longer has blue badge/DLA award. Will the HCE be allowed to just turn up and take the car?

 

 

p.s. although we are 50/50 shared owner of the vehicle, I am on the log book and the main driver on insurance policy. (as it was cheaper in my name, £50 pcm instead of £180 pcm in the other owners name! Which would make if impossible to keep at that premium)

 

 

Also, I owe my relative (the other owner) money and I am considering giving him my share of the car but remaining on the logbook and main policy holder on insurance, will this make any difference to the HCE or bailiff action?

[confusedbunny]

Just a thought, would some kind of declaration of ownership by relative be suffice to stop bailiffs or HCE's taking the vehicle? (would it matter that the insurance remained as myself as policyholder and relative and 2nd driver and on the logbook) (relative has bank statements to prove he paid for the car)

[confusedbunny]

As I am very anxious and stressed over this,

 

 

I am just thinking I will just sell the vehicle (co owner is happy for me to do this).

 

 

I am just overly stressed how I would explain/show how I am classed as vulnerable

( I have DLA award letter/medical history) and do not have the energy to deal with this.

 

 

The CCJ is not been awarded yet,

will I get into trouble for selling the vehicle before this?

 

Also, I was reading up on this...

...does this mean I have to let bailiffs into my home if they give two clear days notice? (or have I read this wrong)

 

 

https://www.nationaldebtline.org/EW/factsheets/Pages/08%20EW%20County%20court%20-%20suspending%20a%20bailiff%27s%20warrant%20or%20reducing%20instalments%20on%20a%20county-court%20judgment/Page-02.aspx

[Bailiff Advice]

Reading back on this thread since April you have been expecting a Judgment and worrying about it. Six months later you are now expecting a CCJ and maybe also a bailiff visit.

 

I can understand your concern but the fact remains that you are vulnerable and as long as you address the documentation from the court you should not have a visit from a bailiff.

 

What you need to do is wait to receive the summons and make sure that you acknowledge the claim within the strict time period outlined in the summons. If you do not have a defence then you must ensure that you complete the Income & Expenditure form as instructed.

 

You say that the ex landlord will not access a low figure of £5 as a repayment. In fact...whilst the court will indeed contact the creditor to seek their opinion n the repayment proposal..the fact remains...if the creditor disagrees...then the Judge makes the ultimate decision and on doing so, he will take full account of the figures outlined in the Income & Expenditure.

 

Have you yet received a Claim Form and if so....what date was the claim issued?

[confusedbunny]

The rent arrears claim is part of the eviction process (although I have already left the property)........started back in April 2014.

[Bailiff Advice]

I understand what you mean but have you actually received a claim form yet from the landlord?

[confusedbunny]

the rent arrears claim is in the eviction process.....am I getting confused, will the judge not issue a CCJ at the hearing? Or will the LL have to persue me separately for the money awarded?

[confusedbunny]

Update:

 

Landlord illegally evicted me (forced entry, changed locks) and failed on numerous occasions to protect my deposit. I would like to instruct a solicitor to deal with illegal eviction and penalty for deposit. Will i be eligible for legal aid? I recieve ESA & DLA If so, how do i find a solicitor please? I plan to deal with these issues in my defence as LL is re-applying to the court for possession, using s8 notice.

[45002]

Update:

 

Landlord illegally evicted me (forced entry, changed locks) and failed on numerous occasions to protect my deposit. I would like to instruct a solicitor to deal with illegal eviction and penalty for deposit. Will i be eligible for legal aid? I recieve ESA & DLA If so, how do i find a solicitor please? I plan to deal with these issues in my defence as LL is re-applying to the court for possession, using s8 notice.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?360908-LL-wants-me-to-leave-before-AST-expires!!!&p=4453870&viewfull=1#post4453870

 

Reading some of your previous posts, are you sure it was LL that changed locks and not Bailiffs with a valid warrant !

 

Thank you...

[mariner51]

Good catch, 45002.

[confusedbunny]

No, Landlord has not been given possession via the court yet (on-going).....