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    • FE499A8C-69E2-4D9A-9F00-8F3B570A546F.pdfFE499A8C-69E2-4D9A-9F00-8F3B570A546F.pdf Hi , I attached letters as described 
    • FSO is orchestra..FOS. erudio wont go anywhere near a court with this. your main issue is you keep poking the bear..and using the phone. they cant enforce them and they cant refuse back dated deferment.   get our copy of the old blank SLC deferment form from the home page of this SLC forum. filling out copies for the years you could/did not defer   send them off to erudio with a covering letter that you will not be entering into any further discussions over the issues   let 'em sweat.   as for admission, well you've got to do that anyway.
    • There's plenty information in the links I have provided which would suggest so...a deed must be witnessed ..not necessarily independent..but without three signatures its validity must be questioned.   See what your Solicitor thinks.
    • It seems there are a number of issues here. The first is that the matter was heard in your absence even though you informed the court that you would not be able to attend the hearing. It is most unusual for a court not to allow an adjournment for a minor motoring matter when the defendant has asked for one and has a good reason for asking.   Unfortunately, pleading guilty to speeding was the worst thing you could have done. They have no evidence that you were driving (that comes from you providing your details). When I asked you earlier whether you intended to ask for the usual “deal” (to drop the FtF charge in exchange for pleading guilty to speeding) I assumed you knew that you must maintain Not Guilty pleas to both matters until the deal was agreed. What I don’t understand is why you have not been convicted of speeding in view of that plea (and, as mentioned, how you didn’t land up with nine points).   The fine and costs seem to have been based on the default weekly income of £440 per week (the fine is 1.5 times weekly income). So, unless the income you stated was coincidentally £440 pw, it seems the statement of income you provided has not been used.   This is a mess, some of it down to you and some, it seems possibly down to the court. An appeal to the Crown Court is not advisable. You have not mentioned why you failed to provide the driver’s details but without you being there to offer a defence (and it’s a difficult charge to defend anyway) you were probably properly convicted of that. You were also lucky not to have been convicted of speeding. If you appeal against conviction to the Crown Court it will almost certainly fail and you may end up with a speeding conviction plus the Crown Court costs (which may be around £1k) into the bargain.   I believe your avenue of approach should be to the Clerk to the Justices of the area where the court is (details are available online from HMRC website). You should asked for the matter to be reopened under Section 142 of the Magistrates’ Court act. Paragraph 1 of that section says this:     Power of magistrates’ court to re-open cases to rectify mistakes etc. (1)    A magistrates’ court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make.   You should make your request on the grounds that you were refused the adjournment you requested, were not informed of that refusal, and therefore had no opportunity to attend your hearing. I would attach a copy of your original request. You were therefore not able to properly state your case. You can also state that you were not fined in accordance with your means (though be a bit careful with that if your income is significantly above £440 pw).   The issue really is that, faced with being unable to attend the hearing and learning only a short time beforehand that your adjournment had not been granted you were panicked into action that you had not properly considered (i.e. pleading guilty to speeding). I would not, however, put it like that (because that is what you intend to do anyway if you get a fresh hearing and are able to do a “deal”). The deal with the prosecution is conducted routinely every day and will be well known to the Clerk to the Justices, the prosecutor and the Magistrates. But you need to secure a fresh hearing, have the original conviction set aside, and start anew. A request under S142 is the only way to achieve that so I hope you succeed. You may want to seek legal advice to help you with the above. Alas to get representation in court will almost certainly cost you more than you might save but bear in mind you now have an endorsement code MS90 on your licence. Insurers absolutely hate that (because they wonder what you might have done that you didn't want to accept you were driving) and it will increase your premiums for up to five years (might be worth getting a couple of dummy quotes to see the effect).   I don't think I can help much further but if so le me know.  
    • Thanks for the response Andy.   That is correct, there is no third signature, the blanked out sections are my own name and signature. The deed was only signed by my self and the bank manager that dealt with me, so only 2 signatures.    Would you assume the deed is invalid?
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Farbramble

Rent arrears and court action.

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Hi.

 

Due to not paying any rent for a few months (due to being ill), the local housing are going to serve me with a notice of intent to seek possession.

 

I've contacted that and have mentioned that I'll be claiming unemployment benefit (Universal Credit), and that they only pay housing benefit after 6 weeks (their rules). I've also offered to pay a small sum each week, but they have refused the offer, and mentioned that they'll proceed with going to court.

 

Would appreciate any advice as to what to expect, and how to proceed.

 

Thanks.

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Hi

 

You say they are going to serve a Notice of intent to seek Possession but have you actually received the letter?

 

Have you received letters/contact from the Housing to this to discuss the matter and make a payment arrangements plan before this happened?

 

How large are the Arrears?

 

Have you previous to this ever had arrears before this scenario and made a payment arrangements?

 

Now they will be using certain Policies within the Housing to initiate this process so you need to write to them and ask for copies of the documents:

 

Customer Care Policy

Arrears Management Policy/Rent Arrears Policy - (this one is important as it is what they will be using)

Rent Statement from before this happened to date


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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Hi.

 

Yes, a letter was received re the Notice of intent to seek Possession.

 

No to any payment plan.

 

Arrears are just under £1k.

 

I've had a similar scenario years ago (15 yrs) where I owed a similar amount, and a payment plan was accepted.

 

I'll ask them for the documents that you've mentioned.

 

Many thanks.

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Update: they're going to also charge me the full cost of the court application. Is this allowed?

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Yes they can the fee is £170-£280 depending on route.

 

https://www.mydeposits.co.uk/blog/bad-news-landlords-and-tenants-court-fees-possession-rise-60/

 

If you haven't already talk to SHELTER

 

Book an appointment or go and see your Councils - Housing Options team - they're there to prevent homelessness and should attempt to mediate between you and your Landlord. You Councils website will have their exact name and contact details.

 

If you have a local advice service/CAB/Law Centre talk to them as well if you need help with representation/legal work.

 

The fact that you've tried to mediate and are expected to get some money to reduce the arrears soon will go in your favour if it gets to a Court hearing. You really want to prevent that if at all possible so talk to Shelter then hit the Council.

 

I'm not sure if you can get and advanced Universal Credit payment or the Council could award a DHP (Discrtionary Housing Payment) or grant etc but it's always worth asking.

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Thank you SF. I will do that, good advice.

 

Also for the present rent, my HB came through and was awarded so another bonus.

 

I'll keep this thread updated, just in case someone is going through similar circumstances.

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Well thats a bit more positive!

 

I got the fees wrong as they've gone up http://www.landlordlawblog.co.uk/2016/03/23/much-cost-evict-tenant/

 

At the time of writing the court fees for evicting tenants are

 

£355 – County Court standard fee

£325 – Possession Claims Online fee (can only be used for rent arrears claims)

£110 – Bailiff’s fee

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Yes, the letter said court fees up to £325.

 

I have another issue. I tried all week to contact Shelter, and the lines are all tied up so I can't get any advice. Also spoke to the council's housing options team, and they said they'll get back. What I really need to know is when it goes to court, will I have a chance to put my side of the story to the judge? Or is it all done via post? I'm concerned that it's all done automatically, without any input from myself.

 

Thanks.

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Have you told the LA that you are applying for UC? If you have put in a claim already you must infom them asap as there are protocols in place once you have been awarded UC.

 

Don't forget to apply any notify the Council tax dept. as well. Since you may get awarded UC you will also receive your housing component in your payments as well.

 

You can also apply for an advance of your first payment to help tide you over.

 

Secondly if you get any letters regarding your new claim take them to the LA and go to the document scanning desk and gets copies sent to the HB/CT sections as well as tenancy management and your housing Officer!

 

Once all departments know then they will work with you to help you budget and things like this! There is a lot of useful information online within the benefits section of the .gov site. Finally I would also say that a notice of possession is also used as a tool to get you to contact them to arrange a payment plan. More on this if you need it?


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Thanks, I'll bear that in mind. I just need some input re courts and what to expect.

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OK to give accurate advice can you post up your letter suitably redacted in a pdf format so we can see exactly what you have.

 

Your notice could be one thing and mean another so can you post it up?


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I'm unable to scan it but at the top of the letter is:

 

Application to the county court for possession of your home.

 

It then outlines the total debt, and that's it really.

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