Please help re flat deposit

EagerLearner

Thanks for that - I wonder though - seeing as the LL said she's there 'sometimes' not full-time, does it count?

Plus I don't know what the council tax office for Horsham is... will have a Google.

EagerLearner

I think she wants this cleared from her real address as she's trying to buy another property (hence wanting 3 months rent from the newsagents).

As long as the CCJ is as of today removed from the file, she can go ahead and get a mortgage. It is the ONLY reason she has bothered to turn up in court today.

irnbru_2

prudryden wrote:

I would like to see the Council Tax records. I suppose that would be near impossible.

There has been some discussion earlier in this thread on the obligation of the Council to produce residence information pursuant to a court action.

EagerLearner

I don't see what would be the point of getting those records as she admits she owns the property but pretends she doesn't live there. As a landlord, she can pay council tax on whichever properties she owns if she wants to?

We're stuffed as it seems she can just pretend she knew nothing. The fact that the 1st letter returned to court said 'empty house' doesn't help. I'm starting to wonder if she was there at all.

barnaby-bear

EagerLearner wrote:

I think she wants this cleared from her real address as she's trying to buy another property (hence wanting 3 months rent from the newsagents).

As long as the CCJ is as of today removed from the file, she can go ahead and get a mortgage. It is the ONLY reason she has bothered to turn up in court today.

What's the use of a CCJ against a c/o address, can you ask judge for address her bank acocunt registered at.

irnbru_2

EagerLearner wrote:

But if the judge said it was servable, even knowing it shouldn't be, how can we contest that?

I guess it's now on record and therefore the LL cannot reject communication at that address.

You need to refresh yourself with how you recover monies and the effect this has when a c/o address is used. In your next court date, I would reiterate why a c/o is not suitable and ask that her permanent address be placed on record.

Should you win, I'd then I'd put a charge on that property.

EagerLearner

What I am worried about is that all she wanted was to remove the CCJ today and that from now on she has no intention of pursuing it all, now that the case has been moved to a c/o (useless) address.

irnbru_2

EagerLearner wrote:

The sneaky LL managed to convince the judge that she knew nothing about the case until 'recently' as she has been 'in and out' of hospital.

I don't understand why a judge would not ask to see proof of attendance at hospital.

irnbru_2

EagerLearner wrote:

What I am worried about is that all she wanted was to remove the CCJ today and that from now on she has no intention of pursuing it all, now that the case has been moved to a c/o (useless) address.

You don't believe she'll turn up?

In that case you win, you just tell the Judge why the c/o address is unsuitable and ask them to make it the address you know she lives at.

I'd get back on to the free legal help lines and explain to them what has occurred. You probably need to quote the exact paragraph in law why the c/o address is not acceptable.

Your best off preparing for all outcomes.

prudryden

EagerLearner wrote:

I don't see what would be the point of getting those records as she admits she owns the property but pretends she doesn't live there. As a landlord, she can pay council tax on whichever properties she owns if she wants to?

We're stuffed as it seems she can just pretend she knew nothing. The fact that the 1st letter returned to court said 'empty house' doesn't help. I'm starting to wonder if she was there at all.

My thoughts on the reason of wanting to see Council Tax Records:

If she said the property was "empty", then a savvy LL would have filled out a form which the council provides, swearing that the property is empty and either unfurnished or furnished. If unfurnished, she would get 6 months exemption on the council tax.

If she had the exemption, then she either lied to the council or lied about not receiving the mail. If she didn't ask for the exemption, who paid the tax. If she paid it, then she should have received the mail. If someone else paid it, then someone else lived there, and it was an incorrect address.

Again, thinking out loud here.