Court Balliff threatens taking my possessions

[marshmallow]

A while back I went to court fort a possession order for my sone which I was guarantor. The possession was agreed and all was mentioned is that there was £1400 areas Plus cost. Then had a letter from solicitors wanting 1800.00 which is aboiut right for the arrears, but the deposit ogf 650.00 was not taken into consideration. I wrote and told the solicitors about this but no reply I could not get any information to where my deposit was, apparently it was given back to the landlord on the 28th May 2009. No correspondence at all from either the LL/Solicitors or agents as to why the deposit was held. Sweet Jack S--t. Last Friday the courts order the baliffs who came round but they was dealt with by my partner I telephonedf them adn told them that it was the wrong amount claimed and that is why I had not paid anything on the arrears.

Totall out of justice, what can I do now to fight this. They are trying to rob me.

Please help

Regards,

Marshmallow
XXXX

[Amy]

Re: Court Balliff threatens taking my possessions

Has the property been inspected by the landlord for any damage? Do you know if there was any damage to the property?

Who told you the deposit had been returned to the landlord? What kind of tenancy did your son have and did he enter into a Tenancy Deposit Scheme?

With regard to the arrears, you really must make these payments on what you do agree that you owe.

[marshmallow]

Re: Court Balliff threatens taking my possessions

Amy,

I don't know if the property was inspected by the landlord no paperwork whatsoever from his solicitors only for the collection of rent. No details of where the deposit was held but apparently it was held in a safety deposit scheme bacause I made enquiries and referred it to the TDDS, they could not deal with the case as it was over 6 months old. Estate Agent said it was given back to the landlord on the 28th May 2009. Id he has kept the deposit because of any other reason whatsoever apart from the rent then I should have been informed on how the deposit was going to be used. Can I take this back to court or who do I contact the LL or Estate Agents or his solicitors.

Your help would be greatly appreciated.

[Amy]

Re: Court Balliff threatens taking my possessions

No details of where the deposit was held but apparently it was held in a safety deposit scheme bacause I made enquiries and referred it to the TDDS, they could not deal with the case as it was over 6 months old.

How do you mean "apparently?" Did you not receive confirmation from the landlord? Was it a 6 month tenancy?

Id he has kept the deposit because of any other reason whatsoever apart from the rent then I should have been informed on how the deposit was going to be used.

As I understand it, the rent can only be used to offset any damage to the property and not for rent arrears.

Can you find out any more information about the deposit scheme?

[marshmallow]

Re: Court Balliff threatens taking my possessions

Amy,

I spoke to the managing agents today and she told me the deposit was given to the landlord on the 28th May 2009 for rent arrears. Nothing has been put in writing, as far as I am aware no damages are claimed for. I contacted the TDDS because I did an internet enquiry and was told that yes the deposit was held in a scheme but I dont know what one up to now. I filled in the relevant forms and sent it to them but they did not receive them so I was told as it was over 6 months they could not deal with it and I would have to seek legal advise which I cannot because I have no money to see a solicitor.

So this it where it leaves me with no info about the deposit and the courts balliffs threatning to take my possession or bankrupt me even though it is not the right amount they are claiming. They cannot take anything from me because I have nothing in my name and they are aware of this unless my draws fits them. I am totally lost as to what to do and I am really grateful from the bottom of my heart for your time in this matter.

Please help me if you can this is an unjust situation and I am so angry.

Love

Marshmallow

XX

[Amy]

Re: Court Balliff threatens taking my possessions

I know it's difficult, but please try not to worry xx

Right then, have you tried the free Alternative Dispute Resolution (ADR) service? Each scheme has one of these and I cannot see where the 6 month limit comes from. Can you shed any light on this?

Do you know who the landlord is and do you have contact details for him?

[marshmallow]

Re: Court Balliff threatens taking my possessions

Amy,

Thanks once again I have all contact details also his solicitors. I have written to the court and explained my side of the story and also copied the baliffs involved incase they pay another visit and chanrge me another £900 on top.

Should I contact the LL? The estate agents told me themselves he has kept the deposit for the rent arrears and no knowledge of what comapny held the deposit just it was held in a deposit scheme.

Who do I contact firstly?

Thanks


Marshmallow

[Amy]

Re: Court Balliff threatens taking my possessions

What have you paid towards this debt so far? Do you know what fees have been added?

I would definitely write to the landlord and ask him to explain why exactly he has kept the deposit. If he is keeping it because of the rent arrears will the amount outstanding be reduced?

They cannot have it both ways.

[marshmallow]

Re: Court Balliff threatens taking my possessions

Amy,

I am going to write to the landlord and try and get it in writing from him. I have not paid anything on the arrears because like I said it would have to go back to court for an arrangement as the solicitors was not accepting my side of the story. I cannot believe without the courts checking just send someone round to collect the money. I really feel I have been robbed even though there is rent arrears and i was prepared to make an offer of payment but no one wanted to listen now the bill has increased another £1000 on top of the arrears through no fault of my own.

I cannot set aside the hearing because of the time gap and the TDS told me after 6 months they could not deal with the matter so basically I am stuffed. He has got 650.00 plus he thinks he is going to get another 1725.00 on top. What would you do in this situation? this really baffles me all these laws to protect tenants and these people are getting away with daylight robbery. You have been a guardian angle and I feel like your my solictor. If you can assist further I would be very grateful. By the way I would like to tell you watch channel 4 7th December I hope to be on there talking about payday loans. Just for interest.

Any advise would be gratefully appreciated. Oh by the way the baliff said they could make me bankrupt??

Thanks

Marshmallow

XX

[Amy]

Re: Court Balliff threatens taking my possessions

Ok, first; I think you should write the letter to the landlord - if you would like anyone to check it for you, then post it here and we can take a look.

Second, I think you should make an arrangement to pay what you owe to the bailiff, but also you need to ascertain what fees have been added to your debt - because they will have been. I think two letters would be best here. Have a read of this guide Bailiff Guide - Legal Beagles and adapt the SAR to suit.

You can be made bankrupt for a sum over £750, so as above and if you can, you really need to reduce what you owe to below this threshold as soon as you can. Although, it should be noted that the bailiff cannot make you bankrupt only your creditor can do this.

Finally, you could sue the landlord for the return of the deposit, but you will need to be sure of the figures and precisely what you owe, to whom and for what - so those letters need writing.

[marshmallow]

Re: Court Balliff threatens taking my possessions

Thanks so much for you help, can I not make a small claim against the landlord or should I just wait for his reply? I will contact the baliffs and explain what has occured the letter they left did have the correct amount of arrears stated also court charges and interest incurred plus their charges of £900 for visiting. Can I refute their charges as the amount they are requesting is wrong and the deposit was not included in the balance?

Marshmallow

XX
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Amy also could you possibly assist me in writing to the landlord regarding the deposit.


Please and thanks

Marshmallow