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    • Defence submitted. On my clear score report there doesn't seem to be any date of default noted, nor can I see where that might appear. When they responded to my CCA and CPR requests they didn't give me a default date either. So, what happens now? Is it likely that I'll actually have to go to court over this?
    • Hi Andy, thanks for the reply. I guess I will need to get copies of the agreement to check that, which may take some time.   What do you suggest I should I do in the interim, as I'm conscious the clock is ticking on needing to AOS?
    • Hi everyone    ive had a card in an envelope hand delivered today from Resolvecall asking me to contact them urgently.   i want to ignore it but I’m not sure that’s the best thing to do?   i had some issues some years ago which have now all been resolved to my knowledge. Anything that I may have overlooked will be way over 6 years, I now have a very healthy credit rating with nothing on any of my credit files.   I have no idea what these people want and this is the 1st contact.    can someone point me in the direction?   thanks    mike 
    • I've been reading up on cases, especially the HSBC vs. Carey. Am I missing something?  It appears to be the conclusion that the decisions in this case meant that regardless of what date  credit agreements were entered into, a claimant no longer needs to produce a signed copy - or even original copy.  It appears that a reconstituted copy of agreement is acceptable by a court and any judge that seems to be swaying towards using it as a reason to find against a claimant could easily be reminded or prompted by their solicitor.  How do I defend my case to be any different?  It will clearly be a case of :   It looks like you probably had a credit card. They've produced a copy of original agreement and added your name and address - so that's good to go. They've got a statement showing a balance outstanding. Therefore, game up - why are you even bothering to defend?     I am working on my "Formal defence"    Can I just ask for some "bullet points"   So far - my main arguments will be that the requested "credit agreement" is not a credit agreement - it is a barely legible application form - which does not bear any account numbers which correspond with the statements produced by the claimant nor match the agreement number included in the original claim (POC).  Secondly, as helpfully highlighted by DX, their WS is relying on a screenshot of "the claimant's predecessors system screen" to show that a default notice was issued on 08/06/2010; clearly there is no copy of said Default notice. Other items I have up my sleeve - should I include? - are the discrepancy in the amounts owing between the Assignment notices - Lloyds stating a figure in excess of £6k (dated 29/6/19) and a letter from Hoist informing me of this assignment but stating an outstanding amount of £4.5k (the amount of the claim).  Clearly, the lack of reference numbers - i.e. their claim does not match the 16 digit credit card number shown on the numerous statements they have included in their WS. And do not match a number shown on the blurry application form. Also, the application form is dated 1998, the first statement they provide is 2010 - can I use this gap/lack of evidence in my favour? I notice on my "illegible" application form there was a reference to "credit card payments insurance" (I assume this is PPI) - during my research, I'm sure I read that any t&c provided should also include this - I notice their seven added pages make no reference to PPI - which even if I didn't take it out would surely have been needed to be included?   So - just to summarise - is it the "poor quality credit agreement"; the fact that they haven't even declared that they are producing reconstituted copies of t&c and the lack of default notice having been issued - well lack of copy?   On the flip side - where do I stand in terms of the payments I was making - allegedly to this account - via Robinson Way? Is that a case of acting dumb/naive?   Thanks very much everyone.   Barafear.    
    • it sometimes takes a good while for all related entries to be removed.   dx
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toys19

Tenant appears to have left? What steps to take to close it off?

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5 months into a 6 month AST, they are over 2 months in arrears.

LL knocked on the door last night and the house is empty. All of their stuff is gone.

Tenant unresponsive by phone has blocked numbers etc.

 

Questions:

 

1) What to do about what seems to be surrender of tenancy? LL obviously wants to get in asap clean up and re-let, however I think ti is not as easy as that?

I "think" that if we can get tenant to sign a "surrender of tenancy" form then that covers it? But I am unsure.

 

2) I assume small claims to recover the monies owed?

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1) What to do about what seems to be surrender of tenancy? LL obviously wants to get in asap clean up and re-let, however I think ti is not as easy as that?

I "think" that if we can get tenant to sign a "surrender of tenancy" form then that covers it? But I am unsure.

 

I don't know the answer but it occurs to me this tenant sounds unlikely to be willing to sign a Surrender of Tenancy form, or have any contact at all with LL. They've done what used to be called 'a moonlight flit'. If tenant has blocked LL number what happens if LL calls from a different number? (That gets blocked as well I expect!).

 

 

Presumably in one month's time the LL can take possession anyway?

 

 

I'm asking more questions than giving answers here, but procedurally how do you start small claims court proceedings against a tenant who has vanished and you have no address for?

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The small claim is a secondary problem. Right now they want to gain legal possession and move on. I think it looks like "implied surrender" but as yet LL has not been able to get the keys.

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I'm asking more questions than giving answers here, but procedurally how do you start small claims court proceedings against a tenant who has vanished and you have no address for?

 

 

 

 

 

 

Even if you are to find an address the chances of them paying will be very remote.


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Well yes. It might be worth a try but legal possesion is key right now.

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Strictly speaking the following does not fully comply with regulations, but no judge would ever side with tenant imo.

 

Get a locksmith or spare keys, start rolling a video, enter the property and make footage of all corners of the house, including service cupboard.

If it's clear they've left and you haven't been able to contact them, clean up and rent it to someone else.

It's virtually impossible for someone who owes you money to start a claim for illegal eviction, otherwise they'll have to disclose their address.

In my experience, usually tenants leave a note for the LL inside the property, some apologetic, some abusive.

Have a look.

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I hope utilities were in the tennants name . take meter readings just in case .

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Hi

 

I would advise caution on changing the locks advice as the Tenancy Agreement is still live.

 

Have a look at this 'Housing and Planning Act 2016': http://www.legislation.gov.uk/ukpga/2016/22/contents/enacted

(look specifically at 'PART 3 Recovering abandoned premises in England')


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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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A friend of mine had a similar case, the tenant owed more rent and had gone back to Higeria for a long time but he was still refused possession of his property by a judge ( because he might want to returna nd challenge the eviction notice) so tread carefully. I would be tempted to change the locks but state if asked that it is just a security measure because someone had reportedly broken in and not an attempt to prevent access by the tenant. the chances are it is the last you will ever see of them but possibly not if they tink you ahve got the procedure wrong, they will be after a cash settlement to avoid nastiness

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I don't know much about this area of law, so sorry if this is a dumb question, but OP says it's a 6 month AST and there's only a month left run. So if OP doesn't hear anything from the tenant before the AST termination date what happens? Won't OP automatically be entitled to take possession at that date? If so maybe simplest thing is just to wait it out for a couple of weeks + doing what ericsbrother suggest re changing locks for security reasons?

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