In Need of Help

hethmar

I feel sorry for your predicament, but surely as a police officer, you should have some idea where you stood/stand here?

If you really are at a loss, then seek advice from your union or welfare rep or the Citizens advice bureau.

Michasm

hethmar wrote: »

I feel sorry for your predicament, but surely as a police officer, you should have some idea where you stood/stand here?

If you really are at a loss, then seek advice from your union or welfare rep or the Citizens advice bureau.

If this was a criminal matter and i was facing a Criminal Court , of course i would know exactly what to do, i am trained in Criminal Law.I would also have access to Legal advice from the Police Federation.

Unfortunately, this is a civil dispute and as anyone who has called upon the Police for a civil dispute will know, there is nothing the Police can do to settle civil disputes.Hence i do not know anything about Civil Law and i do not have acces to Legal advice for such matters.

I am completely on my own, i face disciplinary action and possibly losing a career which i love if i get a CCJ.

But, i really believe i am in the right here.I have never denied owing rent, i am not trying to get out of paying what is owed, i just want some or all of the deposit of £950 wiped off the outstanding amount in addition to some or all of the value of my belongings which i had to leave behind.

The whole reason i agreed to let him keep the deposit and remove the belongings was because my wife is scared of him and what he could do.I was fully planning on letting it go and paying him £100 per month as agreed until he went ahead with court action despite a verbal agreement.

I now think why should i just lie down and let him take what he wants?

Can i get a reduction??????

Will i end up with a CCJ?

Should i submit this form to set the judgment aside at the risk of losing my job if i fail?

hethmar

Awful situation for you, a series of incidents that have ended in this. If you had received the letters fromt he court may be you could have done something. I assume he didnt believe you would keep to the arrangment to pay off the outstanding rent.

You do need to take legal advice - the CAB can give you advice and arrange a free session with one of their panel solicitors. He/she may be able to contact the court to hold fire whilst this situation is made clearer. You have genuine reasons why you did not receive the notifications which may swing some time for you. But you must act immediately.

Good luck.

hethmar

Hey Mich, dont get too low - check out the Daily Mail today, listing crimes serving police officers have been convicted of and still keep their jobs.

carefullycautious

What has the world come to when our police officers are having to struggle like this due to these ridiculous house prices and rip off landlords.

I really feel for you and your family

Is there any way you could contact the court to explain what happened and ask for another sitting. I would take advise from a solicitor. I hope everything works out for you

Michasm

Just a quick update to say that i submitted the form to the court accompanied with the extortionate £75 fee.They have now set a hearing date of 5th December to set aside the CCJ and the claim will begin from scratch whcih means i get the chance to put in a defence and hopefully have the arrears reduced drastically.

hethmar

Wonderful news Mich.

puddy

start writing your statement and ask the judge for statements to be submitted, make the landlord submit a statement saying why he thinks he is justified in his behaviour but above all else, please get yourself representation

hethmar

Having just won a court case myself on Friday (thank god). Id say stick to the facts and embellish them as little as possible. The court want you in and out and dont want to hear lots of asides. Write down exactly the facts of the matter including dates. Then try to keep calm in the court when the other sides lie their heads off (hardest bit for me I can tell you).

The best of luck. let us know how you get on.

Jenner, representation would probably cost more than the money mich owes.

Michasm

All,
I attended Court today for the set aside hearing.It was not the 5th as previously posted.Good job, i checked the paperwork.
The Judge decided that she could not set aside the judgement due to the fact that it was through no fault of the landlord that i failed to receive the notice and that it was up to me to ensure receipt of all forwarded mail.I suppose i can see her point!
However, she did point out that she felt i had a good chance of succesfully disputing part of the claim and therefore varied the order with the amount to be decided by the court at a later date.
My questions to you all are as follows:
1.With a Varied order,Is the CCJ still registered with me at the moment?
2.Once the Amount is decided by the court and i pay that amount immediately, will i have a case to get the CCJ removed? or does it go from the date when the original order was registered?
3.If i can get the Judgement removed, How do i go about it?
4.Any advice on filling in the defence form?

I forgot to mention in previous posts that one of his tactics was to approach my employers and threaten to take the story to the local press of a Police Officer in debt!!( Groundbreaking stuff eh?) but this obviously scared me and was part opf the reason we felt so harassed and Distressed by his actions.

5.Should i admit part of the claim and seek only the deposit to be deducted from the amount requested which leaves me owing £550 or shall i go the whole hog and request the deposit along with the Two week promised reduction which he reneged on and also the £300 cost of my goods which he had removed, this would actually leave him owing me money although obviously i would call it quits.

6.Finally, Should i mention the fact that i think i have a criminal case against the landlord due to harassment and Breach of Data Protection and offer not to proceed with this in exchange for the debt to be nullified or could this be seen neatively by the court as a bit of Blackmail?

Thank you all for your help with this, if it wasnt for the advice received on here, i would be facing the whole debt and the ccj with no hope of reducing the debt and no hope of having the ccj removed, Thanks again and Thanks in advance for your anticipated answers to my many questions above.