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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was taken to a court by my landlord 2008, we left the property

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I was taken to a court by my landlord 2008, we left the property June 2008. The agent istructed by the landlord increased the rent from £625 to £645 and demanded that we get professional gardner. We had lived in the property from Nov 2005 till De 2007 and paid rent as at when due withou fail. We told them we can accept the £645 increase but not paying a professional gardner, the agent collected the Jan & Feb cheque we sent and wrote that they are uncashing it that we should move out. We left the property June 2008 eventhough they lock us out whilst we are still moving our things by changing the locks to the house. They later went to court claiming that we abandoned the property, we were asked to pay £11,700 incuding rent for the property up till October 2008 eventhough we were locked out of the place in June and someone was staying in the house by July. I NEED HELP BECAUSE IT WENT ON MY RECORD AS CCJ, WE HAVE BEEN HEAVILY OPPRESSED BECAUSE WE DID NOT GO WITH A LAWYER THAT DAY... PLEASE YOUR ADVICE IS NEEDED URGENTLY
Hello my name is ***** ***** I will help you.
When did you become aware of the CCJ?
Customer: replied 2 years ago.

January 2010 and I have £5800 which has covered the 6 months rent we stayed there besides they held our deposit of £900

Did you attend the Court hearing ?
Customer: replied 2 years ago.

Yes I attended the court hearing but without a lawyer, the landlord`s lawyer was in attendance and they claimed that we abandoned the property eventhough there were clear evidence taht they changed the locks to the house whilst we are still moving. It was indeed a very horrific /humiliating and to say the gross injustice I have seen in my life time.

So you were aware that they would have asked for Judgment then?
Customer: replied 2 years ago.

No I was not aware that it was a CCJ, I was meant to believe it was a dispute between landlord and tenants. I nvere at any point refused to pay my rent rather they were the ones that decided not to cash the cheque we sent to them. Perhaps they were looking for avenue to oppress myself and my family because they could afford to get a lawyer.

Ok, your only option is to appeal or set aside. But sadly you have 21 days to do that, Bearing in mind you attended the hearing and were aware of the CCJ in January 2010 you are somewhat out of time. I think you would struggle.
However though a CCJ is only on your credit file for 6 years, so it will be coming off in January 2016. So although I think an appeal will fail it will be off your record soon.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

Yes the fact that I have paid up to £5800 out of the £11700 I was asked to pay in January 2010. I have cleared my conscience that I paid the 6 months rent we stayed in someone property .

The issue is that it is completey unfair for me to continue to pay the money when it evidenced that we were out of the property in June and someone was living there in July.

I have cancelled the payment plan and cant pay any total robbery

Indeed. But sadly I can only tell you what the law is and what your options are.
I agree its unfair.
Customer: replied 2 years ago.

It is clearly evidenced that UK legal systems is not different from developing world where what we get is dependent on whether you can afford a good lawyer or not.

Anyway, I am not here to weep sentiment but to seek a legal redressor way of addressing the issue in another way.

I am not asking for an appeal on this occasion anyway but plan to court to court because I do not intend to make further payment.

What happened now that I have stopped further payment... they have involved debt collector which I have already told them the true situation and they are looking into it. The debt collector agreed that I cant not be made to pay for months I was whilst someone was occupying the property.

If you have stopped making payments after 6 years they have to apply to Court to enforce it. But in any event after 6 years it comes off your credit record in any event.
Customer: replied 2 years ago.

Does that mean by January 2016 the CCJ will no longer affect me when I apply for credit facility eventhough I have stopped paying since January 2015?

It will be off your credit file yes.
Although the creditor has 6 years of last payment to enforce it - it drops off your credit file 6 years from date of Court order.
Does that help?
Customer: replied 2 years ago.

Please what do you by 6 years of last payment to enforce it?

You stopped paying in January 2015 which means they can enforce it until January 2021 for you to pay, ie by sending in bailiffs etc.
But it drops off your credit record January 2016.
Customer: replied 2 years ago.

Thanks so much for your time, it has been very helpful.

Good luck!
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