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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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The housing where we live is threatening to evict us they

Customer Question

The housing ass where we live is threatening to evict us they have told us that they have applied to the court , however this is the first we have herd about this we have not been served any papers or given any written notice or advice of the action, howdo we apply to the court to stop this action and or take action against them
Submitted: 10 months ago.
Category: Law
Expert:  Alice H replied 10 months ago.
My name is ***** ***** I will help you today.What type of tenancy do you have? Have they given you any paperwork at all?
Customer: replied 10 months ago.
Assure Short hold Periodic Tenancy Nothing we did know know that there was any arrears until a girl called by phone to say that proceedings had started , she told us that there was 900 Owing and we said we did not know, and we would call to the office immediately to settle the matter, she replied its now gone to court and you did not turn up , we sad when , she said the 6th Jan , we said we have had nothing and this is the first we have heard she said its now £1400 because of costs and they have applied for an eviction order , We are shocked and have the money , we have had nothing at all to tell us of any problem , the rent is paid on a card and we thought it was up to date , we do not get any statements.
Expert:  Alice H replied 10 months ago.
I'm going to ask one of my colleagues to have a look at this for you - please bear with us for a few minutes.
Customer: replied 10 months ago.
Thank you
The tenancy has been changed this year to an Assured Tenancy from the above
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** j will help you.
Just to confirm this is a housing association? Have you had a notice to quit?
Alex
Customer: replied 10 months ago.
Hi I have paid the £38 rather than go for the free trial advice however and I really don't mind paying for advice however after paying the initial £38 I don't think I will get, (one of my colleagues to have a look at this for you* constitutes advice so before I spend any more on this service maybe I could have some of what your offering before we proceed, is that ok.
Customer: replied 10 months ago.
No We had had no letters whatsoever we only found out yesterday via a call
Expert:  Ash replied 10 months ago.
On what basis? Are you behind with your rent?
Alex
Customer: replied 10 months ago.
My question is this, he Housing Group Roof Top ran by the Council , have failed to tell us anything taking us to court on the6th Jan and asking the court to enter a judgment so they can proceed to evict, we did not know anything about a court date nor have we had any notice to quit or any letter telling us we are in arrears, we have the money and if the rent is behind we were unaware of it , but they have progressed this without us knowing about the problem. how do we stand on explaining this to the court and how do we stop this action to be heard
Expert:  Ash replied 10 months ago.
Have you received notice of possession then as a result of 6th Jan?
Alex
Customer: replied 10 months ago.
as soon as we knew about the problem we offered to call and pay the amount and they refused to take the payment saying it had gone too far , we are totally unaware of this and had nothing
Customer: replied 10 months ago.
As I said we have had nothing at all , not a single letter
Customer: replied 10 months ago.
we need to make the court aware of this and stop the action the council must at some point need to prove they have made us aware of any arrears before any action is taken how do we proceed to inform the court that they have failed to do that
Expert:  Ash replied 10 months ago.
Just to confirm this went to court on 6tj Jan?
Customer: replied 10 months ago.
Yes , I have give you all the facts , yes the 6th Jan , may I as are you a solicitor ..... this conversation is either going over what I have said or asking me questions that are totally irrelevant , what action do I need to take to stop the court proceedings
Expert:  Ash replied 10 months ago.
If you have not received a notice and you did not get the court papers then you need to apply to set it aside. You need to use form n244
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
There is a hearing fee of £155 payable. But you may be entitled to fee remission. The court will set the matter down and decide whether or not to set aside the previous order.
Can I clairfy anything for you about this today please?
Alex
Expert:  Ash replied 10 months ago.
If this answers your question could I invite you rate my answer before you leave today.
I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen.  Please do not forget!  Thank you.
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