probable repossession

[jen_br]

Re: probable repossession

*Yawn* its late here in Florida... no one is getting banned lets just keep this on topic please

[Never-In-Doubt]

Re: probable repossession

Right then who's been naughty

[garlok]

Re: probable repossession

I'm talking about serious amounts PlanB and yes you may be right about the cost directly in a small claims court, BUT if you have been forced that far and win then you still have to collect. If the other party refuses to cough, then you are liable to pay all the costs of the neforcement of the CCJ. Many many people forget this hence my reference to the case we won and the Clerk's comments. Fortunately we had a very cunning and sharp woman solicitor who worked for one of the big corporate outfits in those days and she extracted what was owing.

regards
Garlok

[PlanB]

Re: probable repossession

I can see why Plan B said what she said -there are horror stories on both sides of the fence!


Personally I've never had problems and I don't see anything wrong with renting privately either but as they say, YMMV (Your Mileage May Vary).

As G said, we're here to beat the banks not each other so here's to PlanB
[ATTACH]3053[/ATTACH]

So sorry Flower Power I wasn't aware of causing any upset - I do hope this doesn't mean I'm going to get banned I thought we were all having a good old natter like you do on the bus. I've clearly been watching way too much Jeremy Paxman on TV

I'm going to put that olive branch next to my Jamie Oliver balsamic vineger bottle ready for when you come over for a salad nicoise

[PlanB]

Re: probable repossession

I would add just one thought into this as a general principle. Whilst it is great to think of sueing over some issue, it may be wise counsel to to think of what most good barristers will tell you:--- Don't sue anyone that ain't got any money.

If you do then you may need very deep pockets because if they can't or won't pay if you win , you are still liable for most if not all of the costs.

If you are claiming less than £5,000 in the County Court neither side pays costs whether they win or lose, which is why the Small Claims Track was invented - so people could claim small sums without any risk of costs.

HTH

[garlok]

Re: probable repossession

Not necessarily FP, a basic commonsense opinion from most of the legal profession and one of several reasons why you always advised in the likes of our situations to sit, wait and defend any action and NOT to bring actions which you would like to. I won't reiterate the others as they are well known.

regards
Garlok

[garlok]

Re: probable repossession

Thanks good people. Its good to see we can resolve such issues openly. And PlanB please don't shut up as such, I for one did not want to see this getting out of hand and I am glad it didn't.

The enemy really is out there not here in AAD.

I would add just one thought into this as a general principle. Whilst it is great to think of sueing over some issue, it may be wise counsel to to think of what most good barristers will tell you:--- Don't sue anyone that ain't got any money.

If you do then you may need very deep pockets because if they can't or won't pay if you win , you are still liable for most if not all of the costs. I was once told by a clerk of the court having won a particularly acrimonious dispute where we sued the other party, if they can't or won't pay you may need some nasty people with baseball bats.

Food for a lot of thought there.

regards
Garlok

[PlanB]

Re: probable repossession

Perhaps we should all take a bit of time out and calm down a bit please!!

There is good and bad on both sides of this fence but I do not think this is the place to air such views. we have bigger enemies out there to expend our energies on.

thanks
Garlok

Sorry Garlok. I shall keep my mouth firmly shut from now on But it is a thread dedicated to the topic of rogue Landlords & Tenants

[confused76]

Re: probable repossession

The TDS rakes in an income for the Government by charging hefty fees from Landlords to belong to the scheme. The £millions of pounds held on deposit also generate bank interest which neither Landlords nor Tenants get even though it's their money I wish I could believe that the scheme was set up to protect tenants. It was a silly piece of legislation (which has been watered down twice since then) just like EPCs and HIPs which were subsequently scrapped for selling homes leaving thousands of newly trained inspectors out of work

Sorry I snapped at you FP It's just that the topic touched on a raw nerve when I'm paying £200 per month to an ex-tenant's solicitor (another £9k to go) who tried to sue me because I asked his client to leave when he was found running around the building stark naked after smoking too much skunk on several occasions He then was 'sexually inappropriate' towards my daughter but somehow his lawyer thought this was not necessarily a breach of the terms of his contract when not "acting in a tenant like manner". We settled out of court and I was lumbered with a £10k legal bill which was the straw that broke the camel's back and started my decent into debt in 2009

Plan B's life is not dull

oh no PlanB i'm so sorry to hear all this....no wonder it touched a raw nerve....what a horrible tenant!

[garlok]

Re: probable repossession

Perhaps we should all take a bit of time out and calm down a bit please!!

There is good and bad on both sides of this fence but I do not think this is the place to air such views. we have bigger enemies out there to expend our energies on.

thanks
Garlok

[confused76]

Re: probable repossession

I was genuinely distraught when you posted your tale on here and was willing to fight tooth and nail to keep the roof over your head. It was shocking for your Landlord to have put you in that position. He would never have got away with it if he'd used an agency which would have carried out all the checks. Always beware a private let because the Landlord usually has a hidden agenda There are a small number of rogue Landlords out there and it's time for the Government to get going on setting up the register it's been promising for years.

The Tenancy Deposit Scheme began April 2006 so it's been up and running for nearly six years. In fact it has been such a success that mydeposits have made half of it's staff redundant becuase it doesn't have enough complaints from tenants to arbitrate

I get Christmas cards from all my ex-tenants each year, and I'm even invited to the Civil Partnership of my favourite gay teachers in June

Mind you I still think you should sue your Landlord for the mandatory financial penalty of 3 times the deposit sum for non complince with s 214 of the Housing Act 2004. You could put that money towards your new home You've definitely made the right decision moving to Mr C's Mum. I wish my daughter and her bloke would come and live with me - I'm hating my empty nest

thanks PlanB, and i appreciate all the advice and support you gave me . I guess from a decent landlord's point of view it must sting to hear landlords generalised about, at the same time tenants can be generalised about too. but we're all friends here

We rented this place privately because my bankruptcy caused so many issues with letting agencies who wanted 6 months rent up front, sums of money we weren't willing to hand over. So we got what we payed for i guess! Saying that, the previous landlord who left us without heat and hot water for 6 weeks was initially found via a letting agency, so that didn't weed her out sadly.

It is so tempting to sue the LL for the deposit but i don't need the grief to be honest. Plus i think with the negative equity they will owe once the flat is sold they'll probably go bankrupt!

[PlanB]

Re: probable repossession

The TDS rakes in an income for the Government by charging hefty fees from Landlords to belong to the scheme. The £millions of pounds held on deposit also generate bank interest which neither Landlords nor Tenants get even though it's their money I wish I could believe that the scheme was set up to protect tenants. It was a silly piece of legislation (which has been watered down twice since then) just like EPCs and HIPs which were subsequently scrapped for selling homes leaving thousands of newly trained inspectors out of work

Sorry I snapped at you FP It's just that the topic touched on a raw nerve when I'm paying £200 per month to an ex-tenant's solicitor (another £9k to go) who tried to sue me because I asked his client to leave when he was found running around the building stark naked after smoking too much skunk on several occasions He then was 'sexually inappropriate' towards my daughter but somehow his lawyer thought this was not necessarily a breach of the terms of his contract when not "acting in a tenant like manner". We settled out of court and I was lumbered with a £10k legal bill which was the straw that broke the camel's back and started my decent into debt in 2009

Plan B's life is not dull

[PlanB]

Re: probable repossession

Well i'm sure Flower didn't mean all landlords...

If only i'd been your tenant eh? I always leave the place clean and tidy i would never dream of trashing the place

I was genuinely distraught when you posted your tale on here and was willing to fight tooth and nail to keep the roof over your head. It was shocking for your Landlord to have put you in that position. He would never have got away with it if he'd used an agency which would have carried out all the checks. Always beware a private let because the Landlord usually has a hidden agenda There are a small number of rogue Landlords out there and it's time for the Government to get going on setting up the register it's been promising for years.

The Tenancy Deposit Scheme began April 2006 so it's been up and running for nearly six years. In fact it has been such a success that mydeposits have made half of it's staff redundant becuase it doesn't have enough complaints from tenants to arbitrate

I get Christmas cards from all my ex-tenants each year, and I'm even invited to the Civil Partnership of my favourite gay teachers in June

Mind you I still think you should sue your Landlord for the mandatory financial penalty of 3 times the deposit sum for non complince with s 214 of the Housing Act 2004. You could put that money towards your new home You've definitely made the right decision moving to Mr C's Mum. I wish my daughter and her bloke would come and live with me - I'm hating my empty nest

[confused76]

Re: probable repossession

Great all sorted then and being able to take up bookkeeping again to boot that is great to hear.

thanks PF!

[confused76]

Re: probable repossession

That's absolutley not true of 99% of Landlords I know because I'm one of them Rachmanism died out a long time ago. I have lost thousands of pounds over the years from tenants who either disappear leaving me with rent arrears owing or trash the place. It's also illegal for tenants to withhold rent from the deposit under the Government scheme. I do hate it when we nice Landlords get tarred with the same brush.

Yours Plan B
"Landlord of the Year" many times or so my tenants tell me

Well i'm sure Flower didn't mean all landlords...

If only i'd been your tenant eh? I always leave the place clean and tidy i would never dream of trashing the place