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Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I have an ongoing court claim arrears against my

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Hi I have an ongoing court claim for rent arrears against my previous tenant, they applied for a stay of execution which was awarded by a judge in the local court. I have since rung the court and found the judgement has been put aside until 16th Dec 2015 where they have to provide evidence that they don't owe money. I have detailed information that this person has Leone this previously. I'm second guessing that she is going to say she didn't receive the letter summoning her to court to hear the section 21 and section 8. She abandoned my property before receiving the letter - this mirrors what she did in her previous tenancy so she knows how to play the system. Any advice on my next move would be greatly appreciated.
Hello my name is ***** ***** I will help you.
Have you filed any evidence at Court at this stage in terms of a witness statement?
Customer: replied 2 years ago.
Hi Alex this is a copy of the statement that I sent to the court prior to yesterday's hearing, i stated in my initial enquiry the writ of execution has been set aside which I cannot understand as from extensive reading up on the matter the defendant must be able to prove that this money isn't owed or something else significant to defer the process. I have bank statements to prove that no rent was received
B3PP1034ClaimantMr Philip HutchinsonDefendant(s)
Miss Jo***** *****Submitted ByMr Philip HutchinsonSubmitted On Behalf OfDate Of Correspondence04-Nov-2015Phil Hutchinson
Date: 04/11/2015
Claim Number: B3PP1034
Subject: General Correspondence regarding Phil Hutchinson v Jo***** ***** Property Address: 78a Stocksbank Road Mirfield
Dear Sir/Madam,
I am in receipt of the stay of execution of the Writ of Control submitted by Miss Martin dated 30/10/2015.
In response to this I would like to put forward the following points:
The start of the tenancy agreement 0n 01/03/2014 was for an initial 12 month period and was for £650.00 to be paid on the first of every month, contrary to the signed agreement the rent was paid in irregular instalments every month up until the end of November 2014 at which point the payments stopped. I was very lenient with Miss Martin over this period as she made me aware that she had lost her job during this time and by the end of each month the £650.00 was eventually paid.
However this was causing me and my family difficulties as two mortgage payments were being paid at the start of every month for the named property and our current home but with no confirmation as to what was being paid and when by Miss Martin, we were having to juggle money around to cope with this situation which at this time was pointed out to Miss Martin and of course she was very sorry but also very grateful for being so understanding which she acknowledged to me both by email and by text.
At the start of December I tried to contact Miss Martin by phone to ask about the December rental payment as it hadn’t been paid but there was no reply, I then left a voicemail message for her to contact me as a matter of urgency but didn’t. At this point I visited the property to speak to Miss Martin but was told by her youngest son that she wasn’t in but just as I was leaving she returned in her new car. Miss Martin launched in to a tirade of verbal abuse and accusing me of being a stalker and stating I was “ in breach of my contract reference to being a landlord “ which has also been quoted again in the stay of execution and which I still don’t understand as being a reason for not paying the outstanding rent. As you can appreciate The Christmas period can be a very expensive time of the year and I required some assurances from Miss Martin that she was going to pay the rent.
There were numerous emails sent and received between both parties over the Christmas period and in the months following with numerous false promises being made by Miss Martin to settle the rent arrears and bring everything up to date but unfortunately no further money was forthcoming and I haven’t received any further payment at the time of writing this letter. At the beginning of 2015 I was forced to pay for the professional services of a lawyer to issue an order for possession and subsequent court costs which was eventually heard on 30/04/2015 and possession was duly granted to me. At the same hearing detailed information was submitted to the court with regards ***** ***** rent and a money judgement was awarded.
The property was left in a disgusting state, large amounts of rubbish were left behind and several repairs and extensive cleaning had to be carried out to make the property habitable again at a cost to myself and which I have photographic evidence as proof.
Finally just to clarify the two points made in the stay of execution:Not agreeing to the amount owed – I submitted a detailed spreadsheet to the court with dates of payments made/and rental payments not made.
2)Breach of contract – unsure what Miss Martin is referring to but if it is her claiming harassment against me for chasing payment that was owed to me then I must stress that From the 01/03/2014 to the date I actually got back possession of my property on 14/05/2015 I only spoke to Miss Martin face to face on two occasions, once when she visited the property to view it prior to renting and once in December mentioned above when my phone calls were being ignored. All other correspondence between both parties was carried out via email or the odd text of which I also have copies if required as evidence.
3)Also I would like to add that I have in my possession a number of emails from a previous tenancy and letters from a number of financial institutions found amongst the numerous bags of rubbish left behind in my property that don’t make good reading which further backs up my case that this isn’t a one off occasion.
Phil Hutchinson
How was the original possession order made please?
Customer: replied 2 years ago.
I can only think that she is going to argue that she wasn't aware of the court hearing date as she had abandoned my property without informing me or leaving the house keys. She is obviously very clued up on and knows how to play the system. Totally un connected to my claim I have had conversations with her previous landlord whom I was able to contact via numerous bundles of paperwork left behind in my property and I know she did exactly the same to them leaving a £5000 debt but which they haven't pursued her for. Obviously I would like the money owed to me but also I want this behaviour stopped so that no one else has to go through what I have.
Customer: replied 2 years ago.
Section 21 and section 8 submitted through the local court with a hearing date of 30/04/15 ( I used the to submit the paperwork on my behalf )
Customer: replied 2 years ago.
I then paid high court enforcement officers to pay her a visit to carry out the money judgement after paying to find where she had moved to.
So she left it and didn't tell you? I assume she was still in the fixed period?
Customer: replied 2 years ago.
No she didn't tell me/the assured short hold tenancy agreement was from March 14 to March 15 however she was aware that I had instigated the section 8 and 21 notices but left on the 11/04/15 I have since found out. The court hearing was for 30/04/15
Ok. When did she apply to set aside and on what basis? Only that she didn't get the notice ?
Customer: replied 2 years ago.
Hi Alex this is what I received from the court, I received a written copy filled in by the defendant where she has stated her grounds for the judgement being set aside as being " that I am in breach of my contract reference to being a landlord " and that's all that it says with no further explanation. As per my earlier notes as Christmas was approaching last year I was chasing her ( via email ) on a regular basis because I just didn't know if and when the rent was coming. But I must stress I wasn't abusive or hanging around the house waiting to catch her which is potentially the picture she is trying to paint. I have spoken to her face to face twice in the last 20 months once when she viewed the property and this time last year where I did visit to catch her in to discuss the ad hoc/ non payment of rentGeneral Form of Judgment or Order
Mr Philip Hutchinson*****Gomersal Cleckheaton
West Yorkshire BD19 4RW
On the 30 October 2015, Deputy District Judge Skalskyj-Reynolds,
at the County Court at Huddersfield, Queensgate House, Huddersfield, West Yorkshire, HD1 2RR. UPON reading the defendant's ex-parte application
1. There be a stay of execution of the Writ of Control.
2. The defendant's application be listed for hearing on 25th November 2015 at 2:30 pm at The County Court at Huddersfield Queensgate House Queensgate Huddersfield with a time estimate of 20 minutes.
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Customer: replied 2 years ago.
Alex something else I need to add- the HCEO visited her property on numerous occasions throughout October and also made contact via phone where she agreed to meet at her property but when the officer turned up she was never in. At the end of October he did eventually catch her and got in to the property where he seizure goods, this was when the stay of execution was submitted
Ok - what is it you would like to know from me about this, now that I have the background?
Customer: replied 2 years ago.
Basically is there anything you would advise me to do at this point whilst the defendant is preparing her evidence to submit to the court on 16th December. As I've previously mentioned she cannot prove that she doesn't owe the money because simply she hasn't paid me which can be evidenced via bank statements. She will either go down the route of saying she never received the paperwork for the possession hearing or that in her mind that I have broken some sort of contract with regards ***** ***** a landlord which I haven't got a clue she means by that or both. I have numerous emails as evidence to prove that our correspondence from the start of the tenancy was carried out via email. In fact I never visited to inspect my property after the tenancy commenced which I sincerely ***** ***** in mind the state it was left.
Customer: replied 2 years ago.
Sorry Alex - I also cannot understand from reading up on this situation that a judge would agree to the stay of execution and set it aside based on what the defendant has stated as the reason
Well the Defendant hasnt set out exactly how you have breached the contract, so you can't really address that. I would file a serve a witness statement saying you have not breached the contract and that you have served all notices on the last known address as per CPR 6.9 which states they must be served at last known residential address.
You have done this and therefore service is effective.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.
I am as you have probably realised carrying out this money judgement via PCOL online, would you advise me to submit a further statement questioning the content of the defendants reasons and simply me not understanding the reason ? And further to this quote the legal reference you mention with regard to last known address ?
No. Just say you deny it and that the reasons provided are vague and not fully particularised. Yes quote CPR 6.9 for service, the Court will know the rules about this.
Does that clarify?
Customer: replied 2 years ago.
Yes that's great thank you
Happy to help. Good luck
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