View Full Version : help needed
secret66mechanism
24-10-2009, 05:20 PM
hi,about three years ago i rented a room in a shared house,i new the landlord and therefore he didnt ask for a deposit i just payed him in cash every week,there was NO rent agreement or any agreement for that matter,he held the rent book and would wright the amount down and sign it off each week,when i left the property i gave notice and was fully payed up as regards rent,about eight months went past and i recieved from the courts a monthly expendisure they wanted to know how much i earned and payed out each month so they could callculate how much i could pay each month towards my rent arrears,ok now im thinking whats going on here have i missed something, this is what my landlord did because he held the only rent book he added to the amount to show me oweing rent arrears then issued a summonds and had it sent to my last known address which was property he owned and i rented a room there,so he knew i wasnt living there and that i couldnt reply to the summonds,so i didnt show up for the court case because i didnt know about it,the first i knew about anything was when i recieved this expendisure which was sent to my place of work,i went to the court house and explained all this to the clark who told me that because im self employed they had no wright to ask this and was told to just leave it,that was about a year ago this morning i had a knock at the door whom my brother answered he was handed a NOTICE OF SEIZURE in the high court of justice queens bench division district regestry croydon, this notice is left by (name) acting on behalf of (name) an appointed high court enforcement officer for the purpose of enforcing writs of execution,with this is a WALKING POSSESSION AGREEMENT on this form are writen two vehicle registations make and model neither vehicle belongs to me,it says they will re-attend the premises should i fail to pay this judgment with transportation and a locksmith if necessary for the purpose of removing my goods chattels ect, iv had no say over this matter not even my day in court because i didnt know about it iv no rent book nor any agreement how can he do this hes obviously playing the law to his advantage.any help to this would be appreciated.thankyou
rosix
24-10-2009, 07:15 PM
wow
I would not really know where to start (although I'm not positively sure that I fully understood everything) - probably with an Affidavit where I would include just everything and then get it notarised.
secret66mechanism
25-10-2009, 12:26 PM
can these people gain entry and help there self to my belongings weather im there or not?...i owe nothing to no one at the end of the day and im bewildered this can happen,its come totaly out of the blue...madness
aryan57
25-10-2009, 12:42 PM
I would go down the road of going to a Solicitor and making a Statutory Declaration, that you have never been notified about this matter, it has been to Court in your absence due to changing addresses or something similar. Also do a Affidavit of Facts so that you put your side of things to the court. If you dont own any vehicles, then dont worry about this, its not your problem. If someone elses vehicles get restrained, thats between them and the bailliffs, it happens every day that people get their facts wrong. The documents should cost you about £5 each, I think it's worth a try.
secret66mechanism
25-10-2009, 01:14 PM
I would go down the road of going to a Solicitor and making a Statutory Declaration, that you have never been notified about this matter, it has been to Court in your absence due to changing addresses or something similar. Also do a Affidavit of Facts so that you put your side of things to the court. If you dont own any vehicles, then dont worry about this, its not your problem. If someone elses vehicles get restrained, thats between them and the bailliffs, it happens every day that people get their facts wrong. The documents should cost you about £5 each, I think it's worth a try.
ok thankyou im gona contact the C.A.B on monday to see if they can shine some light on the subject. maybe iv made it sound complicated if i can scan the documents and post them i will.im abit confused that the first summonds that was sent to an address i no longer lived at was from southampton and now this notice of seizure is from district registry croydon and the walking possession agreement is sent from the northhampton county court. the claiment is the girl friend of my then landlord this i presume is because my landlord is a bankrupt and everything is in her name :confused:
skiver
25-10-2009, 01:15 PM
If there was no agreement (contract), then he will have to produce witnesses to the fact that you were in the premises at the time the alleged rent-arrears were amassed. I would say if he ain't got the witnesses then you have a strong case for ignoring this.
But as the courts seem to be quite far down the process of redress, I would have to be suspicious that there is something you have omitted from the story.........but good luck to you. :confused:
secret66mechanism
25-10-2009, 01:41 PM
If there was no agreement (contract), then he will have to produce witnesses to the fact that you were in the premises at the time the alleged rent-arrears were amassed. I would say if he ain't got the witnesses then you have a strong case for ignoring this.
But as the courts seem to be quite far down the process of redress, I would have to be suspicious that there is something you have omitted from the story.........but good luck to you. :confused:
as iv explained it is how it is im not the first hes done this to either as iv just found out and it was done the same way of sending a summonds to there last known address which will be a property that he ownes,so why send it there because he knows you cant reply to it so hes guranteed a no show in court
skiver
25-10-2009, 01:52 PM
''so why send it there because he knows you cant reply to it so hes guranteed a no show in court ''
I think you've just answered your own question. :rolleyes:
secret66mechanism
25-10-2009, 02:04 PM
''so why send it there because he knows you cant reply to it so hes guranteed a no show in court ''
I think you've just answered your own question. :rolleyes:
its a scam but from what i can tell a legal one,
waterpistol
25-10-2009, 04:17 PM
wow some mate!
perhaps you should keep your valuables somewhere unknown to these people in case they act out their notice?
secret66mechanism
25-10-2009, 08:58 PM
wow some mate!
perhaps you should keep your valuables somewhere unknown to these people in case they act out their notice?
theres not much i can do until the morning when i contact the bailife he must be working on information given to him.so i want to know what that is.in my favour is the fact i had no written agreement and a verbal agreement is hard to prove.landlord also kept the only rent book which leagally i should have.infact he would find it hard to even prove that i even rented one of his properties as theres nothing to link me being there its all hearsay his word against mine.ill post what iv learned tommorow.thanks to all that has posted