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    • Hi, I have found this group very helpful hence I am here seeking help and advice.   I got myself into a situation where I have now more than £50k in unsecured debts (personal loans & credit cards) and things are now getting out of control as I am struggling to make payments. This is purely my own created situation and I am taking 100% responsibility for it. I am keen to get out of this situation as soon as possible hence I would appreciate any help and advice in this process. I am employed at the moment and don’t want to risk going into IVA or bankruptcy as this would risk losing my job. Being sole bread earner of my family, I cannot afford to lose my job. I have been trying to keep up with the payments so far and had few missed payments instances until 3/4 months ago but got caught up with missed payments somehow using my savings. All my debts are still with original lenders. However I know I am getting into same situation again shortly and won’t be able to get out of it again. I have started exploring Debt Management Plan (DMP) option through StepChange but haven’t submitted it yet. Based on budgeting, I have around £820 available to make payments to all lenders after taking care of all other essential expenses. This is definitely lot more affordable than what I am currently paying to different lenders. 1. Is DMP right option for me in current situation? 2. what are the negative consequences of availing DMP? 3. is there something else that I can do to get out of this situation? I’m determined to clear out all my debts but need bit of breathing space and time. Let me know please if you need any additional information. Thanks in advance for all your help and guidance. MM  
    • Bookmakers use betting on political events to entice new customers, and say it is growing.View the full article
    • nope  and  neither dx
    • Ok Thank you DX will do just that . will keep you up dated.
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi,

 

I'm currently in the process of being evicted from my rented flat. I contested it for a while as there were plenty of irregularities over the tenancy and the deposit protection, but the landlord got an immediate order for possession about 2 weeks ago now.

 

I was fully expecting him to instruct county court bailiffs right away, but 14 days on, I haven't received a notice of eviction. I rang the County Court Bailliff's office, and they haven't even received an application from the landlord to start that process. I find this a bit strange, I don't understand why he didn't do this right away.

 

I've been reading elsewhere that there's a procedure for possession that involves getting the case moved to the High Court and then instructing High Court Enforcement Officers to carry out the writ. It's my understanding that this is more expensive but much quicker. It's also my understanding that if the landlord goes down this route, I don't get any notice at all until the HCEOs turn up at the door.

 

Is there any way of finding out if this is what's going on here? Is this a common route for landlords to use? Is it true I wouldn't get any notice at all, or any notice that the case was being transferred to the High Court?

 

If I get a few days notice to get my stuff together, then that's fair enough, I'd even send the keys back and save everyone a lot of hassle. What I'm worried about is that I'll just come home one day and find all my stuff on the street. Does anyone think this is likely or have any advice in this situation?

 

Cheers.

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Not only that but the LL could bill you his costs for the eviction process.

 

Also remember rent is due upto the point you leave.

 

Was it a section 21 or section 8?

 

Have you approached your LA for housing assistance?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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OK, the matter can be transferred to the High Court for enforcement purposes only using section 42 of the County Court Act 1984. Your landlord would need to make an application to the court that issued the possession order for leave to use the HCEO under this ruling. If granted, you would be served with a copy of the order allowing the transfer however it has been known for this to arrive after the HCEOs due to delays in postage and landlords demanding the HCEO act quickly.

 

You could ask the issuing court whether your landlord has applied for leave to transfer to the High Court as you are a party to the proceedings.

 

In truth given that the order for possession has been granted you should really be making arrangements ASAP to vacate the property.

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That's helpful, thanks. It was S21, so no money order. The LA is expecting to see a notice of eviction before they can do anything to help me. I've moved / sold most of my possessions, but I'm hanging in there as I'm going to end up sofa-surfing for a while and I don't want to use up all my favours.

 

I will contact the court, I wasn't sure whether they were obliged to notify me if the case had been sent up to the High Court. I'm just curious if this is actually a common thing for landlords to do (and judges to agree) or if they generally just stick with the county court bailiffs.

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A section 21 is the most common way LL do it. Reason being is that as long as the correct amount of notice has been granted on the s21, the judge has no option but to accept unless you are considered vulnerable in which case a 48 day stay can be applied.

 

you now have a court order demanding you leave, take that to the LA and force them to act on it.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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It has become more common in recent years due to the severe delays of their own bailiffs. Years ago judges were very reluctant to approve a transfer but now they see the reasoning and grant them more readily.

 

It is a bit of a catch 22 as it is only right that the landlord get possession of their property in accordance with the order granted, but the Council's still advise that tenants should remain within the property until the Bailiffs arrive.

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Please do bear in mind if it is transferred up to the High Court you could be evicted with little or no notice, so be prepared, see HCEO's post #3 you could only get a few hours notice to be gone.

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Indeed

Although there is form what I read a lot of grey areas the councils use to their advantage.

 

Just remember to keep paying rent. A section 8 can still be followed which would make LA action to rehouse you unlikely

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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If you leave before the HCEO's do their job it could be harder for the LA to help you, but this could also add to your debt as well, so a catch 22 for you, save money and leave or wait the choice is up to you

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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  • 3 weeks later...

Which part of a normal high court eviction notice with no order to sieze goods for arears allows the hceo to charge a fee and not let u leave with any of your property despite there being no levy nor attempt to make one as shown on can't pay

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Which part of a normal high court eviction notice with no order to sieze goods for arears allows the hceo to charge a fee and not let u leave with any of your property despite there being no levy nor attempt to make one as shown on can't pay

 

A combined writ for possession and writ of control will allow the bailiff to seize goods.

A writ of possession alone can cause the EA to evict with no notice and almost no chance to collect your belongings if he so wishes. There is no requirement(as far as I am aware) that allows the EA to give time to take possessions out. It's done as an extra, and it's an extra the landlord/property owner pays for by the hour.

A writ of possession on its own does NOT allow them to seize goods. Just to get you out of the property as quickly as possible, as safely as possible and using the least force necessary and then to hand over vacant possession to the Landlord/Property owner/Agent. This can be done so quickly that you fail to collect any belongings.

That said, you SHOULD be given at least an hour or two to remove your things and then be able to arrange to come back at a later date.

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Standard practice would see the landlord allow the former tenant to return to the property to collect any belongings within a reasonable timescale. This is usually supervised by an EA at a cost to the landlord.

 

Since April 14 if the EA has a combined writ of possession and control he would still need to serve the Notice of Enforcement 7 clear days before any seizure of goods is made. This can complicate and delay any eviction.

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