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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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HiI am 75 years old, registered disabled through a Stroke,

Customer Question

Hi I am 75 years old, registered disabled through a Stroke, a slow form of arterio-seclerotic dementia Quadruple heart bypass and interactable depression--- when in relapse, I cannot function at all. I have a full time carer. Presently, I am recovering from such a relapse! I am a retired Psychiatrist, served my patients through NHS for 35 years. In 2004, I started a hotel business for my youngest son and a health clinic for myself in North Wales. After a good start, the business failed because of my illness, high-handedness (HSBC plc) and Racial abuse after London bombing. I not only lost my business, I lost my house in London. For the past six years, we are at the mercy of greedy Landlords and dodgy Letting agencies. We never got money worth and never got our deposit back. I feel exploited and victimised. I owe money to a number of people, relatives and friends. I have not got anywhere in getting anything back from HSBC plc or other opportunists. On the top of that I am living on a borrowed time and medical opinion--- I should have died long time ago! (Sorry for this long introduction but I felt inclined to give you a comprehensive picture, before starting with my present predicament?) My youngest son is my full time carer, he has not done a day's work. He is 27 years old. So, about eighteen months ago, my ex-wife, my father-in-law, 88 yrs old, a cancer patient with secondaries and myself got together (as they were also involved in my failed business) to relieve or release my son to get a job and to get on with his life. We rented a bigger house, where renovation was going on and we were given to understand that in due course the accommodation would be of very high standard and as such we were charged rent at the upper end of the market. There was evidence of construction work as all sorts of building material was lying around. I was told that I was free to do anything to make myself comfortable, as long as there were no structural changes. Being a keen gardener, with approval of the owner, I spent about two thousand pounds, mainly on the garden, as it was a big dump. Months passed but there was no sign of work, they had some problem with the planning, so I was told. The whole place was a serious health hazard. In Oct.2013, I had an accident sustaining multiple injuries (I am still under specialised treatment). When insisted regarding renovation, we were told, we were free to move on after paying the rent as per contract. I managed a grant for the various gadgets and some construction work. The owner agreed to disagree, as it was found out that even the basic requirements had not been met and one serious thing was the two bedrooms in the extension were without insulation and some other inherent defects. After suffering the previous winter, we did not want to spend another winter, so I got little serious in my approach. One day, suddenly there was a sale sign outside the house. I wrote a letter to the Letting Agents, they washed their hands saying that they were not a managing agent and the women, June Richards also backed out saying that she did not own the house, the house belonged to her daughter who was in Canada. I demanded rent rebate, as nothing was done and as the accident was concerned, I suggested, "Let the right people sort the matter out". The owner wanted me out with few threats. then I got a letter from their solicitor, wanted vacant possession, labelling us "Squatters' -- I asked for mediation. I got a court date on their so-called claim form to appear in Dartford County Court on 25.3.2014. Time 15 minutes for initial assessment. I wrote a letter to the Chief Clerk and the went personally. I was told by the court clerk. --I should attend the court and when the Chief Clerk had time, would reply. On the said date I went to the court, I was physically and mentally unwell. My son was with me as an attendant. We met a gentleman, Mr Towler, he introduced himself as a Court Advocate and offered his help as we were not legally represented. I thought that was my lucky day. Anyway, we were herded into a room, which did not look like a court-room. I was carrying a bundle, Mr Towler refused to look through it, saying, that was not necessary. I was very agitated, anyway we came out, I could not understand what transpired in the so-called court room. Mr Towler told me that Law favoured Landlords. I was shocked, I told Mr Towler, "I came here For postponement" He said, " we have lost the battle but we will win the war --- we will serve counter-claim". I was shocked. He patted me saying, "Everything will be alright" I have not heard or received any letter from the court, regarding decision or verdict. Mr Towler, refused to answer my emails (His service was for one day only, now it was up to me-- this is what I have been told by C.A.B) Two days ago I have received a threatening letter from a Sheriff's office in Croydon, either pay almost five thousand pounds or? I do not know what to do? i COME UNDER VULNERABLE PERSON (AGE UK)

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 2 years ago.
Hi Nicola
I need your help, though urgent keep searching --- do your best! I seek guidance otherwise, the Sheriff will be knocking my door down by 18.07.2014.
Dr Shek
Expert:  Nicola-mod replied 2 years ago.

We will continue to look for a Professional to assist you.

Thank you for your patience,
Expert:  Ash replied 2 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

In short there is a possession order. Did the judge give an outright order or a suspended possession order please ?

Customer: replied 2 years ago.
Hi Alex
I would be grateful if you care to go through my statement.I know your time is limited but you would get a better picture in one go! Having said, the other party did not respond to any of my letters. I was asking for mediation.
I got a claim form from a Solicitor asking me to appear in Dartford County Court (Time for hearing-15 minutes)
I asked the Chief Clerk for postponement and then I went to Court personally, to be told that 15 minutes were for the assessment and if there was a hearing, I would be notified at a later date.
Keith, the gentleman from C.A.B, who represented me, told me that "Law is on Landlord's side"
I assumed whatever the outcome the Court would inform me in writing. Weeks went by --"No letter from the court or Keith" till on 13.07.2014 when I got a letter from the Sheriff's office in South East London demanding money (Over four thousand pounds) or he would seize goods.
My question is "How can I buy time and how I have become a culprit ?"
This is not justice. I am a vulnerable, disable, old man, living on a borrowed time, being exploited by a greedy landlord
Best Regards
Dr Shek

PS: The Landlord locked me out, I could not manage to get my belongings and have not returned mt "Deposit'. I have documentary / photographic evidence.
Expert:  Ash replied 2 years ago.
The warrant of eviction - has that appointment date passed?

Did the Landlord lock you out or the bailiffs?

Are you able to afford current rent plus a sum towards the arrears please?
Customer: replied 2 years ago.
Expert:  Ash replied 2 years ago.
Have you complained to the council please?

Customer: replied 2 years ago.
Hi alex
I have contacted all sorts of supportive agencies. Age UK, CAB and Local Council were the first ones and the last one was my MP. Everyone has been of the opinion that this is a legal matter and I should ask the services of an expert in Tenants -- Landlords disputes.
My own solicitor who used to deal with my business affairs, advises me that I should look after myself with all the problems I have, I could be dead any day But that is not the issue, the issue is,"How come I have become a culprit from a victim. Can I complain to the County Court and who to complain, there must be a complaint procedure?
NB; How to deal with Sheriff's letter?
Expert:  Ash replied 2 years ago.
You should contact the Council if the Landlord evicted you - this is an UNLAWFUL eviction, it can only be done by a bailiff.

However you can appeal the Court decision

You need to complete form N161

This is how you appeal the decision

Can I clarify anything for you about this today please?

Customer: replied 2 years ago.
Hi Alex
I am private tenant, I can't complain to the Local Authority.
I have sent the form N161 to the court.
I have sent an Email to my MP for Parliamentary Ombudsman for wrongful handling of my case and the party concerned has taken advantage of my fluctuating health problems ie inability to handle my affairs. I can get a medical report.
I also have documentary / photographic evidence of Landlord's deceitful conduct.
Should I write to Sheriff's office to put a hold on his of-called action
After this clarification, I will fill in your questionaire
Expert:  Ash replied 2 years ago.
Even if you are private you can complain to the local authority. If you are evicted before a court order this is an illegal eviction and the council can prosecute.

Please do this and good luck with the appeal.

Please do remember to rate my answer so that I am credited for my time with you.



Expert:  Ash replied 2 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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