Taken to Court for “unauthorized occupation”… but I don’t even live there ?! Help !

Annie1960

karakus wrote: »

anyone know any no win no fee inexpensive lawyers? as you may have realized I am on a low paid job and have no funds...

1. As someone mentioned previously, contact Shelter for advice and help, or

2. Are you a co-op member? They used to do free telephone advice for members. I'm not sure if they have changed their business model recently, and maybe you don't need to be a member for initial free advice.

http://www.co-operative.coop/corporate/aboutus/ourbusinesses/The-Co-operative-Legal-Services/

If you do need to join, go to your local co-op grocery shop and pay £1 to become a member.

Marktheshark

The OP has little choice but to be honest, it will be a RIPA investigation, they know everything he has written, texted, googled, wrote on here, called, spoke to...

karakus

Yes, there is another housemate in the statement


Me, HOUSEMATE WALDE and Linda


In reality there should be 4: Me, HOUSEMATE Walde, HOUSEMATE XERXES and Linda


Walde and Xerxes were a couple who stayed there with their daughter (underage, so I don’t think she counts) from June 2013 to end Feb 2015. Since March 2015 it’s been only me


Linda left beginning of 2013, she originally told me she was going to be flying back and forth but I haven’t seen her since, apart from June 2013 when she came back to find the couple. Does this make any difference? As far as she told me, she was still going to be living there but flying back and forth ! can I use this in my defence?


So the claim of money is against 3 people: Me, HOUSEMATE WALDE and Linda. If the claim is awarded, how will the court decide who will pay for it ?

getmore4less

karakus wrote: »

I paid her £90 A week, I get paid £350 after tax a week on a temp job (I have also been unemployed/redundant at times during the “tenancy”)
Thank you everyone for the advice by the way, I’ve been a bit of a coward both in this thread and in my tenancy… but how can you pay £150 for rent for a dingy room if my financial situation is as above?.

Looked to me like the £145 was for the place not just one room.
split between the 2 of you that would have been cheaper.

Guest101

ruggedtoast wrote: »

Somehow I don't think legal professionals are going to be lining up to defend this on a a No Win No Remuneration basis. Maybe Linda's family have a law firm, not that they'd probably have time for a job with all their jetting around between New York, London and Africa at the British tax payers' expense.

I am so glad that Education and Health funding is being cut left right and centre in favour of funding Linda and her peregrinations.

As far as your defense goes, you spent a significant part of your tenancy clearly aware that you were subletting a council property. The council then wrote to you and a second tenant clearly informing you of this.

In no uncertain terms they told you you would eventually be evicted and in the meantime you were to pay them a weekly charge for use of the property.

You chose, for reasons I don't understand, to completely ignore this, not to bother even reading to the end of the letter, and to abrogate all further responsibility to Linda and her dodgy Stepdad, (who by the way - have royally ripped you off).

No I don't think they will let you off. Yes you will be given a payment plan that could be as little as a pound a week and Yes you have received a life lesson.

Just to clarify, it's not a major point.

The council werent charging them for use of the property.

The council are charging them as a loss of use to the council.

I know it doesnt seem like a big difference, but in terms of court it is.

Guest101

Marktheshark wrote: »

The OP has little choice but to be honest, it will be a RIPA investigation, they know everything he has written, texted, googled, wrote on here, called, spoke to...

This wont be covered by RIPA.

This is far too small scale.

ruggedtoast

karakus wrote: »

Yes, there is another housemate in the statement


Me, HOUSEMATE WALDE and Linda


In reality there should be 4: Me, HOUSEMATE Walde, HOUSEMATE XERXES and Linda


Walde and Xerxes were a couple who stayed there with their daughter (underage, so I don’t think she counts) from June 2013 to end Feb 2015. Since March 2015 it’s been only me


Linda left beginning of 2013, she originally told me she was going to be flying back and forth but I haven’t seen her since, apart from June 2013 when she came back to find the couple. Does this make any difference? As far as she told me, she was still going to be living there but flying back and forth ! can I use this in my defence?


So the claim of money is against 3 people: Me, HOUSEMATE WALDE and Linda. If the claim is awarded, how will the court decide who will pay for it ?

We seem to be going round and round in circles. According to you, you have recently received the following:

“ on 16th December 2014 Mrs COUNCIL sent letters to both Mrs OTHER HOUSEMATE WHO’S LEFT IN FEB 2015 and mr Kakarus to notify them that Notice to Quit had terminated the tenancy and they were unauthorised occupants. They were informed that legal proceedings would commence. These letters are at pages 35 to 38“

“a Use and occupation account was set up in the names of OTHER HOUSEMATE and KAKARUS, to enable them to pay a weekly charge for their occupancy between expiry of the Notice to Quit and the date in which possession is recovered. The charges were initially £144 per week and this increased to £145 per week on 6th April 2015. No payments have been made into the account and housing benefit is not in payment. The arrears were £ 2456 on April 2015”

You did not pay the council anything. It appears the others had moved out by that point anyway,

They are now seeking £2456 from you, the person who is living there and stopping them from giving the flat to another Linda.

The time to have thought about this was December 16th 2014. That would also have been a good time to stop paying Linda and her Stepfather £400 a month of your own money too, which they were sticking in their dishonest pockets wondering for how long the Karakus cash cow would keep paying out.

Please tell me you have stopped paying them now.

karakus

Guest101 wrote: »

Just to clarify, it's not a major point.

The council werent charging them for use of the property.

The council are charging them as a loss of use to the council.

I know it doesnt seem like a big difference, but in terms of court it is.

can you elaborate on this? why is it different for the court ?

FBaby

I agree, the OP has now been honest and now needs help.

I think OP is now being honest with SOME of the truth.

You haven't responded OP as to whether you have continued to pay Linda anything after December when she and you had received notice.

Ignorance is rarely a reason to be absolved of responsibility.

karakus

ruggedtoast wrote: »

We seem to be going round and round in circles. According to you, you have recently received the following:



You did not pay the council anything. It appears the others had moved out by that point anyway,

They are now seeking £2456 from you, the person who is living there and stopping them from giving the flat to another Linda.

The time to have thought about this was December 16th 2014. That would also have been a good time to stop paying Linda and her Stepfather £400 a month of your own money too, which they were sticking in their dishonest pockets wondering for how long the Karakus cash cow would keep paying out.

Please tell me you have stopped paying them now.

yes, of course I won't pay them. Looking for a place or a hostel, if not this weekend, definitely the next.

Walde and Xerxes left at the end of February, surely I can ask the judge to split the arrears up until then? Unfortunately this couple had a massive argument with me and the stepdad, they got kicked out and we don’t know where they are, I didn’t text them as I know they won’t reply. They don’t know about the court case yet.


Also there are 3 defendants in the statement but it doesn’t say who is liable to pay the arrears?