Help - Eviction

[mashmallow]

Just recieved another shocking letter from Sherforce addressed to my partner. Apparently they have siezed my goods or partners goods (which they have not). They did have a signed doc from my partner stating that nothing belonged to me and this is what they are now saying:-

 

We confirm we have received your letter stating that you own the goods at (the mentioned property being where I live, although the mortgage is not in my name) which have been siezed by Shereforce. (Nothing has been siezed).

 

We have forwarded your claim to the Landlords solictors in accordance with the appropriate High Court Rule, being CPR Schedule 1, RSC Order 17, Rule 2 ('Interpleader'). The Claimaint's solicitors have been asked whether their client "admits" your claim to the goods you say belong to you, or whether your claim is disputed. If the claimant decides to dispute your claim, Shereforce will ask the Court to make the final decision on whether the goods belong to you or to the defendent (me), who is subject of these proceedings.

 

The following points are important:

 

Until your claim is admitted either by the Claimant or the Court decides that you do own the goods you have claim, the goods which Sherforce has siezed and which are claimed by you remain subject to HCEO's formal siezure under a High Court Warrant.

 

You must not dispose of these goods until the High Court Officer is directed by the Court, that your claim is accepted.

 

We will inform you of the Calimants Solicitor's decision as soon as this is recieved in our office.

 

What on earth is this all about I am totally devastated. Enen after writing a letter to the LL about the dissapearance of the deposit and no reply whatsoever, now this. Please can someone tell me what to do. I really cannot understand all this deceit and lies.

 

Please can someone help me.

 

Desperate

 

Mashmallow

[Guest DebtWeary]

Mashmallow, first, you don't have to be frightened and intimidated by these people. If you read through the threads here, you will see numerous run-ins with them, myself included.

 

Yours is a bit more complicated than the usual. However, you have received a statement of costs, full of the typical stupid charges.

 

Can you confirm the following:

 

1. Has any representative of Sherforce accessed your property?

2. Has any paperwork from them been signed by you?

 

If not, then they have not levied on any of your goods. Since they make a big thing of goods ownership, ask them to provide an inventory of these alleged seized goods - should be difficult since they haven't seized any. They are obliged by law to provide this.

 

Do you have the paperwork in which you became guarantor for your son's rent? You need to be clear what the terms of this were, especially what the role of the deposit is should arrears arise. If you don't, then the landlord or his solicitor should have it.

 

Since you heard from the landlord's solicitors, then try dealing direct with them. If the deposit has to be used should arrears arise (I'm not sure that this is always the case, but it would seem logical) then that's £650 off the bill already. You do need the guarantor's paperwork to establish this.

 

Are you able to make any sort of payment towards the rent arrears? If I were in your position I would try and come to an arrangement with the landlord or solicitor direct.

 

Tell Sherforce that you are discussing the terms of the rent guarantee with the landlord (or solicitor, whoever you can get in touch with - I gather the landlord has been inaccessible), and ask them to provide a full inventory of all the alleged seized goods, together with a copy of the signed Walking Possession Agreement (they have charged you for this).

I am presuming that you haven't signed any paperwork from them.

 

Their letters follow standard formats and are worded to sound as threatening as possible. They are just a bunch of bullies. They can be dealt with so please try not to worry.

[mashmallow]

Thank you very much for your kindness, I already feel better.

 

I have got the papers and it does mention deposits can be held through rent arrears but it should be signed by both parties considering it was held in a rent deposit scheme. Plus the fact I have a printout of all rent paid and arrears that have arisen but no deduction from deposit. This was given to me on the day of hearing by the LL's solicitors which I agreed was correct but totally did not think about the deposit at that time. I did write to his solicitors trying t make an offer but they just totally ignored me and went ahead with Sherforce.

 

I was not in the day Mr Flowers arrived I think he was on his own not sure, my partner told him of the situation and told him nothing in the property was officially mine he got my partner to sign something to show that was the case. He did not look around just said "better still" and went.

 

Now they are trying to lie about siezing goods and trying the tactics to see if they can hold my partner responsible which I think is the case.

 

I know I should have paid something but the way I looked at it until I knew where the deposit was I was sitting and waiting for his solicitors to take it back to court, but then Sherforce has got involved, how I don't understand.

 

I have it in black and white that the rent arrers mentioned had no record of the 650.00 deposit. Shall I go ahead with the N244?

 

Thanks for your precious time

 

Mashmallow

[Guest DebtWeary]

I think you need to establish exactly what it was your partner signed. It doesn't sound as if it was a Walking Possession Agreement, he would have received a copy of that. You still need to write to Sherforce (or email them - debtorservices@sherforce.net , quoting your ref no) and ask for the inventory, as well as telling them what I mentioned before. They cannot do much without a Walking Possession.

 

If I were you, I would try and pin the landlord's solicitor down as to if or how the deposit can be applied to the debt. Look at the small print of your agreement. If the Landlord has to agree to this and won't, then I don't think there is much that can be done to offset it against the debt.

 

You should also have the original Judgement for the arrears - was this properly served upon you in the first place? By that I mean, did you have time to defend it? Was it sent to you at the correct address? If there is any discrepancy in the original Judgement then you could apply to have it Set Aside - there is lots of info on this forum on what grounds can be used for this. You could also mention to Sherforce that you may be applying for a Set Aside.

 

The letter you quoted doesn't make a lot of sense really because how could the Claimant know anything about your partner's possessions? Anyway, nothing has been seized.

 

Let us know how you get on.

[mashmallow]

I have applied for a set aside and was granted, I am in court Monday am with the very kind help from one special person who I found on this website. Absolutely amazing I am going on the grounds that I was only guarantor for 12 months at at the time I only owed £250. What occured after that was not legally my issue. Also still no paperwork of how the desposit was used only to be told it was given to the landlord 28th May (to go on holiday as far as I am concerned). Hope to God I win. This has totally dumbfounded me. Let all you know what happens.

 

Love

Mashamllow

 

XXXX

[mashmallow]

In a nutshell, I went to court to set aside a hearing and also to hold fire a warrant of execution. The judge did not grant either but a hold until the 15th Feb, when me and the LL's solicitors have got to come to an agreement about the deposit or go back to court. The LL's solicitors mentioned to the judge that the solisitors could come to an agreement therefor deduction the despoit from the rent arrears. The judge agreed as this would save time and extra costs. After the hearing the LL's solicitors pulled me aside and said that if I called the solicitors and make an agreement with them they could take off the desposit and that way I would only have to repay £800 as opposed to £1400 plus the baliffs charges that would still be applied. This in order would save the solicitors further costs which could amount to the sameas the deposit

 

Is this not bribery?

 

If they sorted out the deposit in the first place then I would have know what i actually owed and started payment insted they all parties, letting agents and solicitors never let on what exactly the desposit was used for until now. apparent repairs etc., seems there way to wriggle out of the TDS law. The judge said they would have to provide evidence of the so called repairs etc.,

 

Please can someone advise me what to do now.

 

regards,

 

Mashmallow

[lawdoctor]

From what i can gather,as unclear as it is,you should heed the advice given and save yourself further costs.

 

You say had they sorted things out in the first place you would not be in the position you are now! well you are in the position you are in now!!

 

Your application to set aside was unsuccesful unless you are going to appeal and have very deep pockets--i would leave well alone!!

 

Never,never ingage in civil litigation unless you know the rules and the game well----moral arguments weigh very lightly on the scales of justice.

[mashmallow]

Thanks for your reply - but i honestly thought the courts act fairly and this is not fair. What was the point in having your deposit protected, is it a [problem]. What I understand is totally unjust on me.

 

Now the baliffs also have made money for nothing they have nothing to take from me I have nothing. Surely this cannot be right.

 

Mashmallow

[lawdoctor]

I would agree i am of the view that the tenancy deposit laws are a mess and do not do what they were set out do---ie protect the interests of the tenant.

 

Thats new labour for you!!!

[lawdoctor]

By the way there is a hearing today in the High Court 25/I/10 Should be of some interest to you and many,many more.

 

This will be the first High Court ie.binding ruleing.

 

Painsmith Solicitors are acting for the defendants so keep an eye on painsmith's blog over the next few days.

Edited January 25, 2010 by lawdoctor

[mashmallow]

Please can someone have a look at this for me and tell me what is correct.

 

I stood guarantor fro my son from the 10th January 2008, which will end 18th Jan 2009. Is this classes as a fixed term agreement and am I entitled to guarantee rent after this date?

 

Thanks

 

 

Mash

[mashmallow]

Not sure if I am the right place but just for some advice. My son was offered a bedsit from the council after bidding for 5 years. He accepted the bedsit and was told prior to accepting that the rent included the heating. After a couple of weeks wondering how this heating worked was told by other tenants the council cout off the heating and still charged for it. On top of all this the bedsit is toally stinking of damp and all his personal belonging including his new sofa bed stinks and weighs a tone because it has soaked up the moisture of the bedsit, even his boxes that stored his belongings have inhaled the potent smell. He went into 2 neighbours flats and found there was black bould on their walls in all rooms. He contacted the or should I say tried to contact the estates officer to be told it will take 5 days for him to call and when he called the following day was told he was off sick and someone would get back but no one has. Please any ideas on what he could/should day.

 

Very much appreciated.

 

regards,

 

 

Mashmallow

[mariner51]

Does the contract state that heating is included in the rent? What type of heating is installed?

Contact local environmental health to inspect the property re the mould, then local ward councillors.

[rebel11]

Hi mash

 

Theres useful info on this site:- http://england.shelter.org.uk/

[Ed999]

My comments apply only if the premises are entirely within England and Wales, and only if your son is over 18 years of age.

 

This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation.

 

 

 

Will you please provide the essential information requested in the "sticky" thread Questions for new posters.

 

 

There are many other questions to ask: Are the premises in England and Wales? Was a rent deposit paid?

 

Is this bedsit self-contained, i.e. does it have a wash basin or a bath or shower in the room; and electric points or a gas ring in the room, that might be used for cooking?

 

How many people live in the building? What facilities does your son share with them?

 

Is there a written letting agreement? If so, what does it say about sharing the accommodation? Does it describe your son as a tenant, or does it call him a licencee or a lodger?

Edited June 14, 2011 by Ed999

[mashmallow]

My son was offered a bedsit after 4 years of waiting on the bidding list. When he went to look at the bedsit he notice a potent smell of damp and mould only to be told be the estate officer that the smell was probably caused through flooding from the top flat, so he thought nothing more and accepted the proprty. After a week the smell was constant and also caused his new sofa bed which is black material turning white and smelling of the damp/mould, also his cloths and every item in the property, hence the complaints to the council after 4 visits by plumbers, surveyors a leak was discovered coming from the bath, this was then repaired and my son was told that the bathroom floor has to be screeded and all the timber frame replaced. After two weeks the screeded floor was not drying and wet patches were visible and hence further water found between the wall and the floor.Since this there have been 10 further visits by the same surveyor, estate officers x 2, plumbers x 4 and still the problem has not been resolved. Apparently both the estate officers cannot find any problem or even smell the odour. He has moved most of his belonging out to avoid further damage and he is not staying there at present. He does not know what further action he can take towards the council to give him somewhere livable. he is totally stressed and depressed at present. He has even written to the Mp for assistance and all the council do is keep sending the same surveyor and a plumber.Any advise would greatly be appreciated.Many thanksMashmallow

[stu007]

Hi

 

Site Team i wonder i this thread might be more suited to the Residential and Commercial Lettings Forum?

 

Im surprised the council have not tried to blame your son for either not ventilating the property or breathing too much thats the usual excuse.

 

Please remember mould spores depending on the type can be hazardous to health.

 

I know you state Council Flat but have you contacted the Councils Enviromental Health Department?

 

Have you kept written record of all these issues and asked for everything in writing?

 

What type of building is your flat in - ie multi storey, masionette etc?.

 

You also need to write to the council housing and request copies of the following:

 

1. Repairs Policy/Procedure.

2. Right to Repair Policy/Procedure.

3. Your Properties Pre Inspection Report - (this should have been done before you moved in so the council not only knew the standards of the proterty but any repairs needing carried out before reletting the property).

4. Complaints Procedure - (This one is important as you need to follow this procedure before you can complain to the ombusman).

 

Keep a written record of everything and request anything is put in writing also photograph everything.

 

Also speak to either Shelter or Citizens Advice.

[mashmallow]

Hi Stu,Thanks for your prompt reply Just needed clarification, this is sending him mad. These issues have been going on since the end of April and the latest resolve to this problem which is suggested by the estate amanger and his buddy surveyor is he uses a dehumidifyer for a few days to dry out the water and also incurr cost of electricity to my son. He reckoned he could not smell anything and left with a further appointment to be confirmed with him and his buddy. Of course you know what my son said to him. He is staying with me right now with all his belongings just left on his bedroom floor, his cupboards and sofa bed and mini oven is left in the flat to rot. Guess what also he has taken his property there and brough it back on three occasions because they made him feel that he was the one with the problem. Anyway I will pass this advise on to him which will give him hope in fighting these clowns, even our Mp is not doing much good right now.I appreciate your helpMashmallow

[snugs1235]

Hi,

 

Are you still having issues with this problem? I am in the middle of a small claims case against my landlord (the local council) for mould damage.

 

I contacted my MP and he did send my letters to the council. I ended up getting a transfer by getting an independent surveyor to make a report of the faults, my flat was covered in mould for over three years. I know that paying for a survey is something that should not be expected, but I am hoping to get this cost back through the court. In the end it worked out a very small cost in comparison to losing practically everything I own to mould damage!

[mashmallow]

Thanks for this information, the latest is this it is not just mounld apparently there is an underlying problem to do with the pipes infact I think it might be sewage. The bedsit abousultely stinks all my possession smell every down to a carrier bag, the brand new sofa bed I bought which was black in colour had patches of white all over, the wardrobes stink and yes there is also mould. My son was lucky enough to be entitled to legal aid, a surveyor done a full report but the council is refusing to do all the mentioned works which include pressure testing the pipes,]. So at present nothing is happening my tenancy which is unsecured up to now, I took the property on the 18th April, he has not even been given a proper tenancy agreement to state that he is now a secured tenant and to tope it all up the solicitor is now saying he may not get the funds to engage a barrister to attend court?????? This is driving him mad and me also because he is staying with me and there are so many arguments and rows. All he wants is his own space. He now just wants to give the property up and not pay no more rent. I suggested going to court himself and fighting the case, the solicitor is not doing a good job and the council don't seem to care about going to court?????? I hope there is a light at the end of this tunnell he has been waiting for his own space for years and yes he should not have accpeted the propery but he was fooled that the smell was only a bot of damp. If I could down load the photos the surveyor took you would be shocked at the state the streets are cleaner and nicer to live in. Please someone help????

 

Many thanks

 

 

Mashmallow:mad2:

[snugs1235]

Hi Marshmallow,

 

I know exactly what you are going through because I had the same problem. I was moved after I had the surveyor report and I am now in the middle of a small claims court case applying for compensation. When I was living in my mouldy flat I told people it was not much different to living somewhere that had burnt to the ground because the mould ruined everything.

 

Can you tell me which area you are in?

 

If it would help you I can email you a copy of the letters that I sent to my council (I will delete my personal info) and you could put your details in and send it to see if what I said works for you?

 

I know that you can complain to the Local Government Ombudsman, but I never got this far so I am not sure how it works. There is a real problem with mould in council homes lately, it makes me really mad that they don't just sort them out. It would save so much hastle in the long term.

[mashmallow]

Thanks for your input yes I would like to see what you wrote just out of curiosity. Apparently the solicitor told him that he should not contact them himself but go through hi. He is a fat lot of good. It is Barking and Dagenham Council.

 

Once again thanks

 

 

Mashmallow:-x

[snugs1235]

Hi,

 

I would never suggest taking my advice over that of a solicitor, because I am not at all well qualified. I just have sympathy from being in the same situation. What about if I send you a copy of my letter and you give it to your solicitor to see if he thinks its worth sending? If he sends something like this on his headed paper it will carry more weight. There is also the question of how much your solicitor is charging, I hope that he is either free (because of low income or such) or actually doing something for the money he is being paid.

 

I will private message you.

[jackieandwayne]

Get the solicitor to put his backside in gear. Or use another one. Whilst that is being sorted out:-

 

1. Official complaint to Head of Housing (copied to your local ward councillors, found out who the leader of the council is, copy them) and get this elevated to stages 2 and 3 - don't give in whatever they say (well, unless they say sorry, pay you X amount of dosh and redecorate the flat from top to bottom)

2. Letter to Environmental Heath Dept, detailing what has happened,please would they come and make a survey?

3. Have you thought about a letter to the local press?

4. IF NO JOY with complaint process, then yes, Ombudsman. He always puts the willies up LA's!

5. Check your tenancy status with Shelter. Why did you not have a copy of the signed tenancy agreement at sign up? Bad practice that is.

 

Good luck, don;t give in.

[mashmallow]

Would be grateful if some kind person could shine some light on this nightmare.

 

My son was offered a bedsit after waiting on the council list for 5 years, a bedsit was offered which he accepted. Henoticed a very strong damp smell and pointed this out to the housing officer whilst viewing the property and was told there was a flood from upstairs thus the smell and it would go away. Hence, various problems started arising such as the bath pipe was leaking and left undetected, a leak in the kitchen, mould growing in the hallway, the bathroom sink fell off and a few other problems mainly of a stron odour so strong that it was contaminating my clothes, food and everything in my flat including books and my sofa bed which was black in colour and was going white. He moved back in with me and after about 20 visits from various trades attending the problem nothing was solved. That is when I asked for assistance in disrepair from a solicitors and was grate to have legal aid as I had a good case apparently. A surveyor was engaged to do a thorough examination of the property paid half by the council and half by my assistant. The council attended the flat and said the leak was fixed which it was and the floor in the bathroom re-screeded, apart from that nothing else was done, the sink was left half way fitted, cupboards in the bathroom left broken, bath panel left off, I could send the photos but would take too long.

 

My solicitor has time after time given them nearly 2 years to complete the mentioned works and 15 days ago he gave them 7 days to do a pressure test if nothing else and now he tells me because the claim for disrepair and damages to my belongings come to under £5000 if the council do not do anything I will have to take it to a small claims court myself as my assistance will run out, so all this time and money wasted for nothing has gone where and to whos benefit, I would like to know.

He is still paying rent for a property he cannot live in.

 

Why did he not say this to start with it is leaving me to believe my solicitor and the council are both [causing problems] somewhere. I really do not know whatt do. Any advise would be gratefully appreciated.

 

Many thanks

 

Mashmallow