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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

msorganised

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Everything posted by msorganised

  1. msorganised
    Many thanks for the quick replies.
  2. msorganised
    Looking for some advice please on whether this is allowed before I respond if a claim has been issued and a hearing date set, at the stage at which witness statements are sent can the creditor rightly and legitimately double the value of the claim within their statement and will the court allow this/take this into account when hearing the case? Cannot tell that any formal application has been made just the request within the statement...
  3. msorganised
    Hi all, just wanted to get opinions please on what is likely to have happened with the claim - had a letter through nearly 6 weeks ago saying claim had been referred to local county court for a judge to decide what track etc - it said to allow 5 days for the file to be received by the court. Since then we have not heard a single thing from the court - is this timescale normal does anyone know? The agent/LL said last month they were going to commence proceedings to seek possession of the property, however no notice was ever served on the T and now they are back to chasing the rent arrears - back to square one it seems as we thought there would be a resolution one way or another (court decision or eviction of the T) and now neither seems to be in the pipeline...
  4. msorganised
    Thanks Andyorch, I will read through this later as it's rather early for me to take in and I assume I'll need the contracts to refer to, appreciate the link.
  5. msorganised
    Bumping in case anyone can advise please? Many thanks...
  6. msorganised
    Sorry for the delayed response... Council have not been able to help beyond saying find a rental we'll pay your deposit, but no agent would take her on now I don't think... An update on the court proceeding, the agent sent back the DQ at the very last possible date before it would have been struck out without sending a copy to us, so now it's been recommended mediation is attempted, but I have a further question.... Seperate claims were issued against tenant and guarantor at the same time (not named as co-defendants but for the same rental debt), a judgement for this amount was given against the tenant and they are paying in court agreed installments after a hearing however claim against guarantor is still dragging on, but with a judgement secured for this debt albeit against the tenant should they even still be proceeding for the same amount against guarantor now? Any advice would be welcome as I think we are in rather an unusual situation here now...
  7. msorganised
    Thanks both for your input. Today received a copy of an order sent to the claimant to file the directions questionnaire by x date this month or their claim will be struck out. The agent has emailed this week but only to ask the tenant to get in touch, no further demand or reference to the letter in the post. I don't think they will follow through with the initial claim but think they might issue a new claim as when the rent renews this month the tenant will immediately be a month in arrears again. The tenant won't willingly move out until they find somewhere (looking for a smaller property that will be more affordable) that will take a HB paid deposit, rent paid by HB, and accept them with a CCJ, which to me seems nigh on impossible if not seriously unlikely but otherwise they will be homeless with a teenager... Lee6370 even without knowing the ins and outs of what happened to you I can imagine why you say never again
  8. msorganised
    Hi all, a further update - heard nothing relating to the court action since the AQ should have been sent by them to us - have emailed the court this week asking if it has been filed with them but so far no response. They have in the meantime obtained a CCJ against the tenant for the initial claimed amount, although that has long since been paid but new arrears have accrued. This week the agent have sent through a new demand for another £1100 - £300 was paid by the tenant while the letter was in the post, and it's marked final demand and warns of potential court action again. Minded to email them and point out as a defence has been filed with the court already explaining why we do not accept we should be liable for this and therefore why are they trying exactly the same action again... Twice in two months and they know arrears will be ongoing until they evict - surely the court will frown upon repeated claims especially if they don't follow through? We were prepapred for a day in court if need be, yet they seem to be going back to square one... Any advice on how to respond to that is welcome.
  9. msorganised
    Thanks, will make sure the forms get into the court by the defendant in person on Tuesday. The High Court Bailiffs have visited three times, however upon checking with the defendant they were never given/sent a notice of enforcement, just three letters through the door saying they had visited, but as far as I have read that they should have had the notice of enforcement given to them in person 7 days before any visits commenced, is that correct?
  10. msorganised
    They don't deny the debt so expected a CCJ one way or another, it was just the extra HCEO fees incurred that seemed grossly unfair, but I am now under the impression they can't be charged anyway if an N245 to stop the bailiffs is put in with an N244 as long as the court accepts? The judgement is forthwith - I guess as if the original offer was never made - however the defendant has no means to personally pay that amount at all. The guarantor is also being pursued but is defending the claim so no judgement against him as yet. Appreciate your advice andyorch, thankyou very much
  11. msorganised
    Andy, a post I have found on a previous thread words exactly what should have happened - this is the point I am trying to make but I fear not making it very well. If the Claimant decides to reject the offer they should complete the bottom part of form N205A [Notice of issue (specified amount)] or form N225 [Request for Judgment and reply to Admission (specified amount)]. Enter the rate you want the debtor to pay, with your reasons for objecting to their proposals. Then, send or take form N205A or N225, and a copy of the N9A to the court. They will state the rate of payment they consider to be reasonable and include their reason for refusing the offer. But unless they are confident they can convince the court that the defendant’s proposals are unreasonable, they should normally accept them. If they decide to reject the defendant's proposals, the court will determine the rate of payment The defendant made an offer to the claimant on the completed N9A within a week of receiving the particulars of claim. The above should have happened, instead the claimaint told the court this had never happened and went straight for judgement by default. If that is not lying I do not know what is. The defendants stupidity in burying their head afterwards is inexcusable but they would not have been in such a severe position had the claimant followed the process set out by the court.
  12. msorganised
    Thankyou Andy, I do understand your point, I just don't see how it is fair that as a result of their lying to the court that no offer was made now High Court bailiffs have been instructed and need to be dealt with when had the court seen the original offer made they would have realised the defendant offered as much as they could afford as installments and would have kept to it - therefore no need for bailiffs and an extra £360 of fees and rising. Also the amount paid against the claim on the day of the visit was £350 but the judgement says they only paid £300 - their receipt and statement proves otherwise. I can't get my head around how someone with no understanding of any of this is facing £900+ of court and bailiff costs for a £700 debt - they were already struggling, how this action helps I fail to see
  13. msorganised
    As an update today was the day we were supposed to receive their copy of the allocation questionnaire back - nothing from the claimant at all
  14. msorganised
    Thanks, I've followed your thread too but noticed you hadn't posted for a few days on it - if you wanted to discuss feel free to PM me
  15. msorganised
    I actually think after reflection they should make a formal complaint and see where that leads, giving them the opportunity to explain their actions and in the meantime get the form back to the court ASAP
  16. msorganised
    Yes. .. The defendant visited the claimant in person with a witness with their offer filled in on the court paperwork. The claimant told them they would not accept any offer and without the defendant knowing filed for judgement in default based on the defendant not responding. However the judgement is less the same amount of money paid in person that day for which a receipt was given. The claimant has denied the court the opportunity to have the court decide what amount should be paid and when as they made an offer they were willing to stick considering they do not have the full amount or any assets to clear the debt
  17. msorganised
    Thankyou, will download the form. Could the defendant look to recover the fees by starting their own claim against the claimant considering the claimant abused the court process in the first place by lying if there is no other way around the fees?
  18. msorganised
    They do a very good impression of an ostrich unfortunately
  19. msorganised
    Also technically the amount has been paid to the claimant since the judgement although still in arrears (it's an ongoing tenancy) - can that be taken into account?
  20. msorganised
    They have used an enforcement company that specialises in fast tracking claims. The defendant unfortunately didn't understand the judgement and this is the first time since it was issued a month ago that we have spoken with them. If it can be proven that the judgement should not have been issued in the form it was (I.e. Full settlement immediately) then can the fees still be charged?
  21. msorganised
    Thanks Andy The debt has increased by over £360 already due to these bailiff fees - had the defendant had the opportunity to put to the court the payment offer initially these would not have been incurred - is there anything they can do about that? It has been transferred to a high court enforcement officer from the County Court if that makes a difference.
  22. msorganised
    It's a different person, it's the same tenancy but the tenant themselves, not the guarantor
  23. msorganised
    Looking for advice please, a judgement in default has been granted and bailiffs instructed because the claimant has told the court the defendant didn't respond to the claim - however the defendant filled in form N9A and took it, with a witness, to the claimant in person who told them they would not accept an offer and would only take the full amount. The defendant made a part payment on that same visit which has been deducted from the judgement amount, yet the claimant has clearly pretended to the court this visit never happened. It's my understanding that upon the claimant refusing the offer it should have been referred to the court for them to decide the amount to be paid and when , but by lying to the court the claimant has denied them this opportunity and there have been three bailiff visits already which again are incurring charges. I understand a form can be asked for to set aside the warrant - is this the best course of action as I'm not sure it is grounds to have the whole CCJ set aside (if they are indeed two seperate things)? Any advice is appreciated as this seems grossly unfair, the defendant does not have this sum all in one go and offered it across 10 monthly payments.
  24. msorganised
    Many thanks Ganymede
  25. msorganised
    Thanks, I created a new post as I thought I may get a reply from someone in the know who didn't necessarily need to know the background but just had experience with the court forms

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