Occupancy Order - CONFUSED! Help!!]

ruby_sparkles

Hi everyone,

I'm going to be concise and try to give as much detail as I can as I really need some advice.

2 months ago a letter comes through our door to our landlord, it's from the bank of ireland saying they are going for litigation action for repossession in 7 days from the date of the letter due to the arrears on the account and none payment. The letter says that the bank have tried to contact the landlord several times without success.

I tried to contact the landlord and zip, not a peep!
The 26 of March comes (the day my rent is supposed to be due and thanks to advice from CAB and you guys we (there's 3 of us in my flat) didn't pay that rent, the landlord pops up and says that "My brother died, I've been under a lot of stress, I'm sorting it out with the bank, you just keep paying the rent"

Well we spoke to CAB and they said until you have written proof don't pay a sausage! I told the landlord this and he then sent me a letter supposedly from the bank of ireland which was obviously a FAKE, I rang the bank of ireland and although they couldn't discuss the mortgage or anything on the account they did confirm that they never a letter detailing what mine said!

On the advice of CAB we paid this months rent up until the 26th of this month today and a guy has just (literally just) come around to the house to do an order of occupancy.
WHAT IS AN ORDER OF OCCUPANCY?! I've searched the net but it's not really helping me, keeps coming up with stuff about divorces, I'm 21 and currently in bed with the flu and quite stressed.

Any advice would be greatly appreciated guys xxx

socrates

Why did CAB tell you NOT to pay then advise you to pay - contradictory advice.

I believe the advice from here would have been put the rent into a separate account, look for another place and speak to you LA's about your deposit

ruby_sparkles

Who's the LA's??

CAB said that there was no reason not to pay this month and that if we didn't pay it our deposit would be affected - well that's £1118 in itself! We can't afford anywhere else without getting that back

socrates

ruby_sparkles wrote: »

Who's the LA's??

CAB said that there was no reason not to pay this month and that if we didn't pay it our deposit would be affected - well that's £1118 in itself! We can't afford anywhere else without getting that back

LA = Letting Agents

Why would you not ask the Lender what you should do? After all you spoke to them

socrates

http://forums.moneysavingexpert.com/showthread.html?t=1574421

Why did you not follow the advise that everyone and his dog gave you in the thread above?

ruby_sparkles

I did follow the advice but when CAB told us to pay I didn't think I had a legal leg to stand on not paying.

I spoke to bank of ireland and they said that they weren't going for repossession where as this guy who came round tonight says they are, I thought we did everything we could to find out what was going on! I'm not psychic and I did not see this coming, but when the bank are saying they aren't going for repossession and the CAB are telling you to pay you sort of think you can trust them.

What is a occupancy order?!

socrates

ruby_sparkles wrote: »

I did follow the advice but when CAB told us to pay I didn't think I had a legal leg to stand on not paying.

I spoke to bank of ireland and they said that they weren't going for repossession where as this guy who came round tonight says they are, I thought we did everything we could to find out what was going on! I'm not psychic and I did not see this coming, but when the bank are saying they aren't going for repossession and the CAB are telling you to pay you sort of think you can trust them.

What is a occupancy order?!

Perhaps the LL is trying to get you out and using some kind of ruse to do so.

Did the guy who came round give you some paperwork?

If he did he should be presenting it to the LL not you.

Something is not right with this story.

Is there a LA?

Is your deposit secured?

We need more details

Thanks

ruby_sparkles

The guy who came round didn't give me any paper work, he just took my name, the names of the 2 other people who live here, our telephone, how much we pay in rent, the date of our lease and when the tenancy is up. He showed me ID which said he was from NCI (I think, I tried google and nothing came up so I guess I must be mistaken with the letters)

The paper he was filling in, in big red letters said ORDER OF OCCUPANCY and then I didn't see the rest, but the guy said because it's not our mortgage I couldn't look at the paperwork he was filling in!

There is a letting agent, HOWEVER I think they may be good friends but this is just a sneaky suspicion, just when we where being shown around a few things he mentioned.

The deposit is in the government scheme thing so that's safe, thank god Spoke to them and they said that the deposit, despite the circumstances, we can't get that back until September when the tenancy is up.

There was definitely going to be a repossession because once we got the original letter a lady from the bank of ireland confirmed that. I'm worried that the repossession is going through the landlord is trying to get as muh money from us as possible and one day I'm going to come home and find all my stuff on the street!!!

If there's anything else you need just let me know

socrates

ruby_sparkles wrote: »

I spoke to bank of ireland and they said that they weren't going for repossession

You said in this post that they were not repossessing and in the last one that they are - I am getting confused....

ruby_sparkles

On the letter the landlord sent me supposedly from the bank of ireland the telephone number on there I rang, and spoke to someone called Dave.

He said that on the account no such letter had been sent (the letter looks like a letter from the bank ireland with a letter the LL has typed up and put of the BOI letter and photocopied) This man Dave said at this time the bank were not going for repossession and that it was all being sorted. It was on this information and the advice from CAB that we paid the rent.
Only tonight from this guy who came round with finding out details for this order thing, he said the bank was going for repossession but that he was a third party and he's been told by the bank to come round and find out who lives at the property etc

Sorry if I worded previous posts confusingly it's all a bit muddled up because so much has happened in such a short space and I've got the flu so have a massive headache at the moment

socrates

ruby_sparkles wrote: »

On the letter the landlord sent me supposedly from the bank of ireland the telephone number on there I rang, and spoke to someone called Dave.

He said that on the account no such letter had been sent (the letter looks like a letter from the bank ireland with a letter the LL has typed up and put of the BOI letter and photocopied) This man Dave said at this time the bank were not going for repossession and that it was all being sorted. It was on this information and the advice from CAB that we paid the rent.
Only tonight from this guy who came round with finding out details for this order thing, he said the bank was going for repossession but that he was a third party and he's been told by the bank to come round and find out who lives at the property etc

Sorry if I worded previous posts confusingly it's all a bit muddled up because so much has happened in such a short space and I've got the flu so have a massive headache at the moment

I thought we had established that that letter was a fake.

Bottom line:

Either the LL is being repossessed and is pocketing as much rent as possible in the meantime

He is trying to get you out - who knows why?

Perhaps there is a divorce in the offing and the ex wife is getting an 'occupancy order'

Other than that we need Sherlock Holmes!