Alex Watts : Hello my name is XXXXX XXXXX 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.
Alex Watts : Have they now filed a defence? If so on what basis are they defending please?
after last hearing they have deadline to file defence till next Tuesday, I understand they trying to defend that I have a signed contract with this individual and let him to sublet it to anyone and therefore they entitled to have their tenancy
but judge at the first hearing had no doubts they are tresspassers and granted IPO. Also these people claimed housing and pocketed housing payments, I know this for sure from Housing, although on witness statement they said they don't receive housing payments yet.
Alex Watts : Does your main tenancy prevent sub letting please?
my main argument is that he never returned duly signed contract, that's why I questioned court if the contract is valid, which I thought we got an answer when judge gave us IPO. he didn't have rights to sublet without my pre-approval to anyone else
Alex Watts : Yes indeed.
Alex Watts : It sounds like the judge is just trying to give them an opportunity to argue their case, even though they have no case.
there are so many inconsistencies, my contract supposed to start on 4th Jane, they signed their from 1st Feb. my rent is £2300, their rent is £1600.
Alex Watts : The overriding objective of the civil procedure rules states a judge must act in the interst of justice.
Alex Watts : Therefore I suspect that on the next occasion the order will be made final.
what does that mean?
Alex Watts : But as they are sub letting they may get 2 months norice to leave.
Alex Watts : This means they are likely to have no defence, but are likely to be given a little time to leave.
I can not afford to pay for 1 day trial, it will bring me to the edge of bankruptcy, I already had to sell car to continue to pay mortgage and legal fees
Alex Watts : I see. You could approach the Bar Pro Bono unit
Alex Watts : They may be able to help with representation.
will I be open to litigation against me, as I secured warrant posession, but eviction didn't take place due to last court's decision
Alex Watts : http://www.barprobono.org.uk/
Alex Watts : The warrant is likely to be suspended. You can't evict without a court order being made final.
Alex Watts : If there was an interim order,if you seek to evict now and the judge overturns that order, you may face costs.
they managed to dismiss warrant during last hearing
Alex Watts : ok.
Alex Watts : You can't evict them without a further possession order.
Alex Watts : But try the pro bono unit.
what propositions I could make to them?
Alex Watts : What would be a reasonable proposal for you?
Alex Watts : It's a commercial decision.
Alex Watts : It may be cheaper to give them a sum to go than fight it.
I already offered to make a new tenancy which would start from the date on their agreement, on rent they have 1600 per month, duration 6 month as they had break clause. but I know they are not financially viable, they claim total income on witness statement 1580
but they never been properly refereenced and I never wanted to accept social housing tenant, they dont' have a guarantor
also I proposed as second option to let them to live in the property till end of this month for free and leave peacefully, as they didn't pay anything for 3 month, I though it was very generouse offer, but they just love the house and want to stay there for as long as possible
Alex Watts : Yes of course.
Alex Watts : Sadly only you can make the decision.
Alex Watts : But they are likely to be required to move at the next hearing.
Alex Watts : But it's just a matter of time.
I received answer from their legal support to make more attractive offer.
Alex Watts : Their legal people would say that.
Alex Watts : But they are likely to be asked to leave at the next hearing.
I lost the trust into the justice unfortunately
Alex Watts : Yes I ammsorry
can somebody really push me to accept them on existing fake contract?
Alex Watts : No
Alex Watts : Thats why I think they will be out at the next hearing.
Alex Watts : But it's a matter of time
Alex Watts : Can I clarify anything for you today?
what my steps should be against fraudster MRM and how can I claim damages against him? current losses are greater than 13K
Alex Watts : You would need to pursue him personally.
Alex Watts : For any losses.
this is exactly what I plan. but how? which court? all other victims sued his companies, got CCJ against his businesses but got nothing in the end as he dissolved all companies. in my case his business never been registered as a company, so assume he is an individual trader, therefore want to bring him to the court in person. but he is a career minded criminal and got away with his dealings for years
Alex Watts : you need to report this to the police.
Alex Watts : Once there is a fraud conviction you can sue personally.
all been done, police do nothing, reported to Action fraud in Feb, they have hundreds of crime reports against him, I was told by met police he is one of the most wanted man in the uk, national fraud intelligence bur passed 9 enforcment opps to arrest him, but his arrest was stopped at last minute... this is very complex etc.. we have our MPs involved and nothing happening in this investigation and this man set up a new business. there was a programme on BBC about his dealings, no feedback or interest to bring this man to justice. every day we getting emails from new victims
Alex Watts : You can pursue personally but you need to ask the court to pierce the corporate veil.
Alex Watts : You can do this if you sue both the CMOS y
Alex Watts : sue both the company and the individual.
Alex Watts : Does this help?
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