• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Suing the Council for wrongful prosecution.

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #31
    Re: Suing the Council for wrongful prosecution.

    Ha! Crazy, my phone is a no frills cheapest in the universe (£9.95) with no bells and whistles, no internet and certainly no camera, let me see if a mate of mine at a Real estate agency can somehow send it to me in word form or something

    Comment


    • #32
      Re: Suing the Council for wrongful prosecution.

      Have just sent below to both the LL's Solicitor and also to the County Court email address (for 'hearings')

      I will also hand deliver a hard copy to the court today (with the claim number details)


      CLAIM NO IN THE COUNTY COURT: C5PPXXXX


      Greetings xxxx


      Please find transferred today at 11.38 am…….the sum of £xxxx, being full amount of Rental arrears for the property xxxx xxxx: (Dec 2015-xxxx, Jan2016-xxxx, Feb2016-xxxx, March2016-xxxx, April2016-xxxx, May2016-xxxx, June2016-xxxx)


      July Rental of xxxx has already been paid (on the 5th)


      Please amend your records accordingly.



      Ps Might I respectfully suggest therefore, that there is no need for the Court (Claim) process to proceed on the 25th July to save court costs, etc…….

      Comment


      • #33
        Re: Suing the Council for wrongful prosecution.

        Oh Gawd Crazy. my lovely mate made a pdf of the T. Agreement which has been delivered upside down.....and I cannot copy paste so that I can delete my personal details....what to do??

        Comment


        • #34
          Re: Suing the Council for wrongful prosecution.

          Could you clarify the date of the possession order hearing please.

          It may make sense to file a Statement of Truth (signed and sworn by you) with the court because letters don't always get read by the decision makers (i.e. a DJ) prior to the hearing.

          When you were served with the summons did it not give you the option to file a Defence and possibly a Witness Statement with Exhibits?

          Di

          Comment


          • #35
            Re: Suing the Council for wrongful prosecution.

            Originally posted by Ms Andrist View Post
            Oh Gawd Crazy. my lovely mate made a pdf of the T. Agreement which has been delivered upside down.....and I cannot copy paste so that I can delete my personal details....what to do??
            [MENTION=49370]Kati[/MENTION] might be able to help
            crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

            Comment


            • #36
              Re: Suing the Council for wrongful prosecution.

              Originally posted by Crazy council View Post
              @Kati might be able to help
              of course I can :nod:
              [MENTION=87701]Ms Andrist[/MENTION] ... if you can email me a copy of the pdf (kati@legalbeagles.info) I will redact it and post it up on here Please put a link to this thread in the email tho' so I know which thread it is for
              K xx
              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

              It doesn't matter where your journey begins, so long as you begin it...

              recte agens confido

              ~~~~~

              Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

              I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
              But please include a link to your thread so I know who you are.

              Specialist advice can be sought via our sister site JustBeagle

              Comment


              • #37
                Re: Suing the Council for wrongful prosecution.

                Yes Di, there was a 'defence form' and I also submitted a page of 'mitigating circumstances' as in the fact that the Council not supplying me with benefits for 18 months (since rectified in the nick of time). Court date: 25th July and they now have hard copy of the fact I have cleared my arrears. Thank you so much

                Comment


                • #38
                  Re: Suing the Council for wrongful prosecution.

                  redacted tenancy agreement
                  Attached Files
                  Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                  It doesn't matter where your journey begins, so long as you begin it...

                  recte agens confido

                  ~~~~~

                  Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                  I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                  But please include a link to your thread so I know who you are.

                  Specialist advice can be sought via our sister site JustBeagle

                  Comment


                  • #39
                    Re: Suing the Council for wrongful prosecution.

                    Hi

                    This contract is a 3 year contract ( Oct 1992 to Oct 1995 ) with a rent listed yearly at £ 7540 per year . I think the contract makes the tenat an assured tenant ( not AST )
                    https://en.wikipedia.org/wiki/Assured_tenancy
                    [MENTION=87701]Ms Andrist[/MENTION] can you right the dates, details and amounts it says on the notice the LL served on you. Now i have seen the contract i need to check something first but i think its very much in your favor.
                    crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

                    Comment


                    • #40
                      Re: Suing the Council for wrongful prosecution.

                      Crazy, just to clarify, are you talking about the most recent Section 13 (where he wants to put the rent up again?)

                      Comment


                      • #41
                        Re: Suing the Council for wrongful prosecution.

                        The notice to quit is the moist important, need to see the wording around the arrears and the dates,
                        crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

                        Comment


                        • #42
                          Re: Suing the Council for wrongful prosecution.

                          Originally posted by Kati View Post
                          redacted tenancy agreement
                          I can see a handwritten note on there about "damp" and "boiler problems".

                          Can you expand on that in case you have grounds to counterclaim.

                          Is it a gas boiler and if so has it been inspected every year and have you been given a Gas Safety Certificate every year?

                          Is the damp a health and safety issue for you?

                          Di

                          Comment


                          • #43
                            Re: Suing the Council for wrongful prosecution.

                            The LL inherited (when he bought the property) the fact that the flue (outside) had been 'incorrectly terminated'
                            Yes, I do have gas safety checks each year....and each year the certificate states the above.
                            The LL has done nothing about it, though it is not a safety issue.

                            The damp has been pointed out to the Managing agent/freeholder (since I feel it is coming from the outside) but nothing has been done for years...it is not getting worse and is not an issue to me.

                            Comment


                            • #44
                              Re: Suing the Council for wrongful prosecution.

                              Section 8 served 27th May

                              Covering letter states it is served 'in respect of your arrears of rent'

                              The LL intends to seek possession on grounds 8, 10 and 11 as set out in schedule 2 to Housing act 1988

                              Explanation of why each ground is being relied upon:
                              Balance of rent due Dec £200 Jan £300, Feb £500, March £500, April £500 and rent due on 5th May £1060.
                              I goes on to note: 'rent has been paid late in accordance to attached statement of account'

                              Court proceedings will not begin until after 12th June

                              The statement of account shows rent arrears being £3,060 (at the time of the Section 8 being served)

                              As you know, yesterday I completely repaid all my rental arrears

                              Comment


                              • #45
                                Re: Suing the Council for wrongful prosecution.

                                Section 8 served 27th May

                                Covering letter states it is served 'in respect of your arrears of rent'

                                The LL intends to seek possession on grounds 8, 10 and 11 as set out in schedule 2 to Housing act 1988

                                Explanation of why each ground is being relied upon:
                                Balance of rent due Dec £200 Jan £300, Feb £500, March £500, April £500 and rent due on 5th May £1060.
                                I goes on to note: 'rent has been paid late in accordance to attached statement of account'

                                Court proceedings will not begin until after 12th June

                                The statement of account shows rent arrears being £3,060 (at the time of the Section 8 being served)

                                As you know, yesterday I completely repaid all my rental arrears

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                                Working...
                                X