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Rossendales Final Notice Advice Please.

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  • Rossendales Final Notice Advice Please.

    Hi hope someone can give me some advice.
    I wrote to rossendales & the local council informing them receivers had been appointed over my properties even though I have never missed a payment, (please see my other posts) The receivers had also written to the council requesting housing allowance payments be paid to them. I have also been into the council & made a statement so they are fully aware of the situation.
    As the receivers were not managing my properties properly I sent a letter to the tenants to say their tenancy agreement was with me & they were to pay the rent to me so i could furnish the loan. I got an email with an attached letter from the receivers solicitors saying "you should be aware that all powers to manage & collect rent at the properties now rests with our clients.......... You no longer have any power to deal with the properties in any way....


    Have come home today to a Final notice from Rossendales.
    It states Magistrates Liability Order/warrant of execution
    Dated 1/3/13 for Council Tax
    Balance Due in Full - 24 hours £TBC Inclusive of costs I must give you 24 hours statutory notice of my intentions to recall and remove your effects, sufficient to satisfy the debt and costs.
    To keep costs to yourself to a minimum I ask that you contact me to arrange a time suitable for us to be allowed access to your premises. If payment in full is not made within 24 hours you may incur further costs.
    Should you wish to avoid this distressing course of action, and the resulting costs incurred please contact me immediately on xxxxxxxxxx to arrange full payment of your outstanding debt.
    Yours sincerely
    xxxxxx
    bailiff in charge.

    Does anyone have an email address for them & any advice on where I go from here?
    Thanks in advance.
    Tags: None

  • #2
    Re: Rossendales Final Notice Advice Please.

    Originally posted by Stevlynd View Post
    Hi hope someone can give me some advice.
    I wrote to rossendales & the local council informing them receivers had been appointed over my properties even though I have never missed a payment, (please see my other posts) The receivers had also written to the council requesting housing allowance payments be paid to them. I have also been into the council & made a statement so they are fully aware of the situation.
    As the receivers were not managing my properties properly I sent a letter to the tenants to say their tenancy agreement was with me & they were to pay the rent to me so i could furnish the loan. I got an email with an attached letter from the receivers solicitors saying "you should be aware that all powers to manage & collect rent at the properties now rests with our clients.......... You no longer have any power to deal with the properties in any way....


    Have come home today to a Final notice from Rossendales.
    It states Magistrates Liability Order/warrant of execution
    Dated 1/3/13 for Council Tax
    Balance Due in Full - 24 hours £TBC Inclusive of costs I must give you 24 hours statutory notice of my intentions to recall and remove your effects, sufficient to satisfy the debt and costs.
    To keep costs to yourself to a minimum I ask that you contact me to arrange a time suitable for us to be allowed access to your premises. If payment in full is not made within 24 hours you may incur further costs.
    Should you wish to avoid this distressing course of action, and the resulting costs incurred please contact me immediately on xxxxxxxxxx to arrange full payment of your outstanding debt.
    Yours sincerely
    xxxxxx
    bailiff in charge.

    Does anyone have an email address for them & any advice on where I go from here?
    Thanks in advance.
    Is this for the house you live in .

    Comment


    • #3
      Re: Rossendales Final Notice Advice Please.

      Originally posted by Streetwise View Post
      Is this for the house you live in .
      Thank you for your reply Streetwise. This is for 3 rental properties 2 empty & the receivers won't allow anyone to rent them. The third we were renovating so has been gutted.

      Comment


      • #4
        Re: Rossendales Final Notice Advice Please.

        Originally posted by Stevlynd View Post
        Thank you for your reply Streetwise. This is for 3 rental properties 2 empty & the receivers won't allow anyone to rent them. The third we were renovating so has been gutted.
        I don't understand you,if the property is empty and unfurnished you inform the council and you don't pay council tax on them,if you are renovating a property and you tell the council its uninhabitable at present you don;t pay council tax.

        How do you allow things to get in such a mess.

        If properties are empty you can't collect rent for them,just as you can't collect rent for properties that are being renovated.

        Comment


        • #5
          Re: Rossendales Final Notice Advice Please.

          Originally posted by Stevlynd View Post
          Thank you for your reply Streetwise. This is for 3 rental properties 2 empty & the receivers won't allow anyone to rent them. The third we were renovating so has been gutted.
          What's it to do with the receivers,have you been taken to court to be told you can't rent the properties.

          Comment


          • #6
            Re: Rossendales Final Notice Advice Please.

            Originally posted by Streetwise View Post
            I don't understand you,if the property is empty and unfurnished you inform the council and you don't pay council tax on them,if you are renovating a property and you tell the council its uninhabitable at present you don;t pay council tax.

            How do you allow things to get in such a mess.

            If properties are empty you can't collect rent for them,just as you can't collect rent for properties that are being renovated.
            One of the properties was being refurbished & after removing the plaster was concerned about one of the supporting walls so we have been battling with the insurance company who's surveyor said the movement in the wall is historic the builder however says its not safe to work on. The other 2 properties became empty last September (so they have had their 6 months exemption) a couple of months after my mum was diagnosed with lung cancer. She died in November & we had her funeral in December.
            She had moved into my brothers house a couple of years before she died paying him rent to live there. My brother rented her house out keeping the rent she was also paying £150 gas & electric each month & my brother was collecting this from the tenants & keeping that to totalling over £1,000/month. I am an executor of her will so am having all of that to deal with as well. My mum was the 8th family member/friend to die last year & the year before it was 12, along with an 18 month battle with our local council re care funding for my mother in law (which we won). We got the final solicitors bill 2weeks after she died. I didn't miss any payments on by loans the bank just decided they no longer wanted buy to let businesses so refused to renew the lending facility even though I had been told at the time of taking out the loans that they would. As you may imagine I feel like I am locked in a living nightmare which I can't get out. I had hoped to get some advice on what to do about the bailiffs as they are expected back today. I know not open the door but what else should I do. Some advice would be really appreciated.

            Comment


            • #7
              Re: Rossendales Final Notice Advice Please.

              Originally posted by Streetwise View Post
              What's it to do with the receivers,have you been taken to court to be told you can't rent the properties.
              The receivers have been appointed by the bank. No court action has been taken but the receivers solicitors, who are also acting for the bank have written to me threatening an injunction unless I retract what I put in the letter to the tenants, i.e. telling them they had to pay their rent to me.

              Comment


              • #8
                Re: Rossendales Final Notice Advice Please.

                Have spoken to the council who acknowledge they have received my letter & visit to their offices & said they wrote to me on the 1st of May asking for evidence of receivership even though I know for a fact that the receivers had written to the council advising them to pay local housing allowance to them & not me with a list of properties attached. Have already scanned the required information but they wont accept it on a memory stick. i have to take it in. She said I take it in to them then it sits in a pile for a week waiting to be scanned then it gets scanned & waits another week or so for someone to look at it & make a decision. She can't put it on hold until someone has looked at it.

                Comment


                • #9
                  Re: Rossendales Final Notice Advice Please.

                  Originally posted by Stevlynd View Post
                  One of the properties was being refurbished & after removing the plaster was concerned about one of the supporting walls so we have been battling with the insurance company who's surveyor said the movement in the wall is historic the builder however says its not safe to work on. The other 2 properties became empty last September (so they have had their 6 months exemption) a couple of months after my mum was diagnosed with lung cancer. She died in November & we had her funeral in December.
                  She had moved into my brothers house a couple of years before she died paying him rent to live there. My brother rented her house out keeping the rent she was also paying £150 gas & electric each month & my brother was collecting this from the tenants & keeping that to totalling over £1,000/month. I am an executor of her will so am having all of that to deal with as well. My mum was the 8th family member/friend to die last year & the year before it was 12, along with an 18 month battle with our local council re care funding for my mother in law (which we won). We got the final solicitors bill 2weeks after she died. I didn't miss any payments on by loans the bank just decided they no longer wanted buy to let businesses so refused to renew the lending facility even though I had been told at the time of taking out the loans that they would. As you may imagine I feel like I am locked in a living nightmare which I can't get out. I had hoped to get some advice on what to do about the bailiffs as they are expected back today. I know not open the door but what else should I do. Some advice would be really appreciated.
                  The properties have been empty since last September.

                  I am sorry to say this but you are creating this nightmare with the council tax and the properties.

                  I hope somebody else can come along to help you but I fear it's too late.

                  You either take charge of the situation or you don't.

                  You seem to be muddling the issues concentrate on taking on the bank.

                  Comment


                  • #10
                    Re: Rossendales Final Notice Advice Please.

                    Originally posted by Stevlynd View Post
                    Have spoken to the council who acknowledge they have received my letter & visit to their offices & said they wrote to me on the 1st of May asking for evidence of receivership even though I know for a fact that the receivers had written to the council advising them to pay local housing allowance to them & not me with a list of properties attached. Have already scanned the required information but they wont accept it on a memory stick. i have to take it in. She said I take it in to them then it sits in a pile for a week waiting to be scanned then it gets scanned & waits another week or so for someone to look at it & make a decision. She can't put it on hold until someone has looked at it.
                    Better let this take it's course if you are dealing with the council.

                    Comment


                    • #11
                      Re: Rossendales Final Notice Advice Please.

                      Originally posted by Stevlynd View Post
                      The receivers have been appointed by the bank. No court action has been taken but the receivers solicitors, who are also acting for the bank have written to me threatening an injunction unless I retract what I put in the letter to the tenants, i.e. telling them they had to pay their rent to me.
                      You will have to see if they go for an injunction personally,the quicker this gets to court and a judge looks at it the better.

                      Comment


                      • #12
                        Re: Rossendales Final Notice Advice Please.

                        Originally posted by Streetwise View Post
                        The properties have been empty since last September.

                        I am sorry to say this but you are creating this nightmare with the council tax and the properties.

                        I hope somebody else can come along to help you but I fear it's too late.

                        You either take charge of the situation or you don't.

                        You seem to be muddling the issues concentrate on taking on the bank.
                        sorry Streetwise I don't understand why you would think I am creating the nightmare with the council. Like I said I informed the council of what was happening.
                        I am taking on the Bank I have an appointment with a solicitor on Friday, something which has been extremely difficult as most of the good ones are on a retainer from the banks. I have already forwarded information to her.

                        Comment


                        • #13
                          Re: Rossendales Final Notice Advice Please.

                          Originally posted by Streetwise View Post
                          Better let this take it's course if you are dealing with the council.
                          Have spoken to the council again today & taken in the proof they need. Have also spoken to the bailiff & he has put a hold on it for 2 weeks until the council get round to looking at the information I took in today.

                          Comment


                          • #14
                            Re: Rossendales Final Notice Advice Please.

                            Originally posted by Streetwise View Post
                            You will have to see if they go for an injunction personally,the quicker this gets to court and a judge looks at it the better.
                            Have had a letter from my MP today containing the banks response to my complaint & as a gesture of good will they are giving me until the end of July to remortgage the properties. This is just about impossible though as the lenders I have spoken to will only take a landlord with no more than 3 properties.

                            Comment


                            • #15
                              Re: Rossendales Final Notice Advice Please.

                              Originally posted by Stevlynd View Post
                              Have had a letter from my MP today containing the banks response to my complaint & as a gesture of good will they are giving me until the end of July to remortgage the properties. This is just about impossible though as the lenders I have spoken to will only take a landlord with no more than 3 properties.
                              Can you not set up a company then sell three of the properties to that company against a debenture?

                              Comment

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