I am new to this and just want to say hello evryone

[des8]

Re: I am new to this and just want to say hello evryone

I'm afraid I don't think I can help any further, as like others here, Scottish ways are wondrous to behold.

It seems though that you have already been evicted (locks have been changed?), so I just wonder if it is worth ploughing energy into looking for redress.
What are you hoping to gain?
I doubt the fact you have maintained the property will gain you anything. Did you carry out any actual improvements which would have increased its value?

[curupt court system]

Re: I am new to this and just want to say hello evryone

Hiya des8 locks were changed unlawful a year ago and i was alowed back in the property as i wasnt evicted through the court the lending company claimed a year ago when locks were change it was to keep the landlord out and yes i have preformed alot of repairs that incress the value of the property as i seen this is a foreva home but the court has other plans so right now i still have the property but a eviction hanging over my head as i still have no date as of yet as to when i must be out for . And as the councial see it iam not homeless as i still have a home so i have no help at all and due to disability a hostel is out of the question.

[curupt court system]

Anyone with skype

Hiya if anyone has skype and would like to communicate with me on that please leave your skype name and i will get back to you .

[des8]

Re: I am new to this and just want to say hello evryone

Sorry no Skype.............. I still use a runner with forked stick when possible:tinysmile_twink_t2:

If you carried out the repairs and improvements with the consent of your landlord you may be entitled to reimbursement & compensation up to the value of said works under sections 29 & 30 of Housing (Scotland) Act 2001.

I'm now trying to understand what has happened. If we can clarify the exact steps we may get more help for you from other Beagles.
Basically your landlord did not have permission from the mortgagors to let the premises.
As the landlord has defaulted the creditors are acting under Section 20 (5) of Conveyancing and Feudal Reform (Scotland) Act 1970 which gives the creditor all the rights and obligations of the proprietor relating to leases (among other things)
As your tenancy was not authorised the creditor has to find a way to terminate your tenancy.
Have they actually given you notice to quit?
If so what was the reason?
You also said you have not been given a date, but presumably they have indicated they want you out?

I really think you need to get advice from someone with knowledge of Scottish housing law.
You said you were appealing to the Supreme Court, so you have already been through the appeal system and have lawyers working on your behalf?

[curupt court system]

Re: I am new to this and just want to say hello evryone

Yes nottice to quit was served on the grounds my landlord defulted that is it and no i have no lawyer as noone will represent me no idear why they just wont so iam on my own with a lot of help from people who know some of the law .

[des8]

Re: I am new to this and just want to say hello evryone

The only pointer I can find is the decision in Tamroui -v- Clydesdale Bank plc. but I would assume your other helpers have already pointed you to it.
In that case, the Bank sought touse a decree obtained against the borrower to recover possession in the usual way.However, without telling the Bank, the borrower had let the subjects to a tenant, MsTamroui. She obtained an interdict to prevent the Bank from evicting her.
The Courtheld that, contrary to the Bank’s argument, a tenancy is not void by virtue of thefailure by the landlord/borrower to seek or obtain the lender’s consent.
Therefore, atenant who has an assured or short assured tenancy under the 1988 Act may onlybe removed following the procedures set out in that Act.
The effect of that decision,if correct, is that after obtaining a repossession decree against the borrower/landlord,the lender must raise further proceedings against the tenant under the 1988 Act

[curupt court system]

Re: I am new to this and just want to say hello evryone

Grate stuff thanks des i did know about this case but miss read it as explained inntamroi a futher action for her eviction has to be raised well ihave to say that yes the landlords morgage company has compiled with that and the action is aginst me i loaged my appeal today just awaight nottice

[curupt court system]

The waighting game

Well i have put my appeal in against the eviction that a sheriff principal sceduald but iam still worried as iam not suer at this stage ofthe ggame if a appeal stops the process of eviction until the apeal is heard can anyone advise me as i would hate to think i put my apeal in and i have already lost everything.

[des8]

Re: I am new to this and just want to say hello evryone

I'm still not sure where you are in this process.
I think you received a S21 eviction notice, so you received at least 2 months notice to quit.
You did not, so the lenders went to court and applied for a possession order.
Did they use the standard procedure or the accelerated procedure?
Did you defend the action?

What are your grounds for appeal? ( I understand that in Scotland there are only limited reasons for having a possession order altered, or set aside or appealed)
But it seems to me that if an appeal doesn't put the process on hold, there wouldn't be any point in allowing any one to appeal.

[curupt court system]

hiya des

Please dont think iam being evasive and i dont have any grounds to apeal its just that i dont want to specify tham at the minute until I know my appeal is excepted as being compident as so meny people now a days read something and think its ok becouse someone else did it not reliseing it was wrong so i jess iam saying when i have it confirmed all was right i will scan and post it up so others can use what they can of it and if it all gose wrong for me but helps someone else then thats a start and a huge result for privit tenents in Scotland can i ask you something des were you or kati a lawyer at any time or just intrested in law as you bouth have really tryed to look at my case from evrey angel .but a big big thankyou to everyone xx

[des8]

Re: hiya des

[QUOTE= des were you or kati a lawyer at any time/QUOTE]
Speaking solely for myself the answer is "NO"

[QUOTE=just intrested in law QUOTE]
partially true

I suspect, like a lot of posters here, more interested in people and trying to help where I can.

[Kati]

Re: hiya des

I suspect, like a lot of posters here, more interested in people and trying to help where I can.

same here

[curupt court system]

grate case if you suspect you were rail roaded in court

Okk guys here is something that can help everyone in a civil or criminal case its a European case so it applies to anywere in Europe itx Scot V P.F 2013 HCJAC52 which clearly states. This is inportent as it re_itrates the importance of a sheriff /magistrate not only having to except the crown case but have reasond judgement there must be an explanation as to why he accepted the alternative and why he did not except the defence case . For thouse who find this a bit diffucult to understand you can basically ask the sheriff or magistrate to explain his decision acts and statutes he used in writing so you can fully understand his decision and why he made that decision.

[curupt court system]

Re: I am new to this and just want to say hello evryone

Dose anyone know of any laws regarding disability and eviction in a reosession case were you are allowed to keep your home due to your disability?

[des8]

Re: I am new to this and just want to say hello evryone

Dose anyone know of any laws regarding disability and eviction in a reosession case were you are allowed to keep your home due to your disability?

I think The Equality Act 2010 (specific duties) (Scotland) Regulations 2012 may be of help and read here : http://scotland.shelter.org.uk/get_a...isabled_person