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Hi
I was taken to court by a landlord in 2015 for unpaid rent, but I had gone travelling so didn't receive the papers.
I had moved out of his property, but he claimed I still lived there and took me to court for the rent for those months. I obviously told him I was leaving and when, and have proof to show I had left and had indeed gone travelling.
When I returned and realised I had a CCJ for unpaid rent, I applied for a set aside. I was 10 minutes late for the hearing due to unexpected road works and the judge dismissed it. I reapplied and had another hearing, but the judge just wouldn't listen to me or look at my proof and said I was lying about turning up late the first time!
That was 3 years ago and I've just had a hand delivered letter through from a HCO but I think it's just a company rather than anything official from the court.
Couple of questions:
I checked with all 4 credit agencies and there is no record of the CCJ and I also checked with Trust Online and it isn't on the register, so can it even be enforced?
Also, is there really nothing I can do given I do not owe the man the rent and have solid written proof that I wasn't living there!?
The letter is threatening to take goods with or without my presence, but I understand that can't break in? Also, it says they will apply for an order to gain access to my property but I have never heard of this?
Granted it was my fault I was a bit late, but that doesn't mean I owe him any money.
Can I counter sue in an attempt to make him leave me alone? maybe for damages for harassment? At the time of living there, we had a really bad mould problem and in the end he did give me money off the rent because so many of my belongings were damaged, and thats one of the reasons he asked me to leave because he didn't want to add ventilation.
Thank you
I was taken to court by a landlord in 2015 for unpaid rent, but I had gone travelling so didn't receive the papers.
I had moved out of his property, but he claimed I still lived there and took me to court for the rent for those months. I obviously told him I was leaving and when, and have proof to show I had left and had indeed gone travelling.
When I returned and realised I had a CCJ for unpaid rent, I applied for a set aside. I was 10 minutes late for the hearing due to unexpected road works and the judge dismissed it. I reapplied and had another hearing, but the judge just wouldn't listen to me or look at my proof and said I was lying about turning up late the first time!
That was 3 years ago and I've just had a hand delivered letter through from a HCO but I think it's just a company rather than anything official from the court.
Couple of questions:
I checked with all 4 credit agencies and there is no record of the CCJ and I also checked with Trust Online and it isn't on the register, so can it even be enforced?
Also, is there really nothing I can do given I do not owe the man the rent and have solid written proof that I wasn't living there!?
The letter is threatening to take goods with or without my presence, but I understand that can't break in? Also, it says they will apply for an order to gain access to my property but I have never heard of this?
Granted it was my fault I was a bit late, but that doesn't mean I owe him any money.
Can I counter sue in an attempt to make him leave me alone? maybe for damages for harassment? At the time of living there, we had a really bad mould problem and in the end he did give me money off the rent because so many of my belongings were damaged, and thats one of the reasons he asked me to leave because he didn't want to add ventilation.
Thank you
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