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

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Comments

  • karakus
    karakus Posts: 73 Forumite
    silvercar wrote: »
    The only advice I can give is to see a solicitor.

    I don't actually see what you are asking (but then I have no legal training). surely you are defending the claim, so you want all the claim against you rejected?

    Is this a money claim for unpaid rent and costs or is it a claim for you to be evicted?

    If it is a claim for eviction, then there is no harm in asking for 28 days to find alternative accommodation.

    it's a claim for repossession and one for money/damages, I am worried about the latter. yesterday they gave me 2 weeks to move out (during which they told me I don't have to pay the weekly charge), after which if I haven't found anything they told me to get in touch. but I will move out in 2 weeks, definitely, even if it means getting a box room. I am not fussy really.

    Solicitors cost an arm and a leg... I can barely scrap by the money for the deposit of a new flat, let alone solicitors

    @Silvercar, I haven't yet, we agreed on 2 weeks leeway
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    What money/damages? These are two different things. You need to be clearer if you want accurate advice. As it stand we don't what you paid until which time nor do we know what the amount you've been charged to pay relates to.
  • karakus
    karakus Posts: 73 Forumite
    FBaby wrote: »
    What money/damages? These are two different things. You need to be clearer if you want accurate advice. As it stand we don't what you paid until which time nor do we know what the amount you've been charged to pay relates to.

    "damages for use and occupation", even though they also called arrears in the statement. I mentioned it earlier on this thread
  • karakus
    karakus Posts: 73 Forumite
    Hello, sorry to resurrect an old thread.

    Question: I handed over my statement with all supporting evidence to the Council 2 weeks ago, but not to the Court yet. I wanted to try to go to http://www.thefru.org.uk to see if they can represent me and then modify my statement as they advise me before handing it to the Court (of course I'll send a copy to the Council too, I am not trying to deceive them, but it just dawned on me 2 days ago that I should try FRU and see what they say, since my local CAB hasn't been helpful at all)

    Hearing is on 5th August, so little time left

    I left the flat on 01/07/2015 and I personally handed the keys to the Estate Manager on 02/07 and got a receipt from him (just a slip on headed paper)

    The Estate has also said he's not sure when the weekly charges will stop, so they may roll over till the 5th August ! Have no idea why that's the case since I handed over the keys 2 weeks ago??

    Any advice is appreciated, thank you
  • karakus
    karakus Posts: 73 Forumite
    anyone has any advice?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    If rent is monthly, it will be charged for a full month.

    But you're not the tenant plus
    they gave me 2 weeks to move out (during which they told me I don't have to pay the weekly charge
    and since
    The Estate has also said he's not sure
    you're probably OK.

    Ask?
  • karakus
    karakus Posts: 73 Forumite
    G_M wrote: »
    If rent is monthly, it will be charged for a full month.

    But you're not the tenant plus and since you're probably OK.

    Ask?

    I didn't get what you mean, can you elaborate ? Thanks
  • 45002
    45002 Posts: 802 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    edited 19 July 2015 at 6:14PM
    You posted on 16-06-2015, 2:32 PM
    karakus wrote:
    [FONT=&quot]Hello, I need some urgent help[/FONT]
    [FONT=&quot]
    [/FONT]

    [FONT=&quot]I live in a hostel in London and I am friends with a single mother (let’s call her Linda) who rents a Council property, I’ve used her house as postal address for the bank as it’s not safe to have correspondence sent to the hostel. Linda has been travelling back and forth to Nigeria since 2013 to set up a charity and has asked me to look after the flat, as a consequence I had to call the council quite a few times for boiler repairs and toilet leaks (flat is quite old) and had to be at the property to let the engineers in[/FONT]
    [FONT=&quot]
    [/FONT]

    [FONT=&quot]Last week I go and collect the post… and there’s a notice of Hearing at the County Court as apparently I’ve been living there unauthorised !!
    [/FONT]

    [FONT=&quot]
    [/FONT]

    [FONT=&quot]They did send us letters last December saying I am an unauthorised occupant and giving me a card with which to pay, but I always forwarded the post to Linda’s stepfather who contacted them and explained she was still living there but on holiday/abroad for a while. The stepfather was paying the Council rent[/FONT]
    [FONT=&quot]
    [/FONT]

    [FONT=&quot]The Court docs show a few things suggested she isn’t living there anymore. Including me calling the Council for repais[/FONT]
    [FONT=&quot]
    [/FONT]

    [FONT=&quot]There was also a copy of an email Linda sent to her daughter’s school saying she was going to “migrate to Nigeria” (her words).
    [/FONT]

    [FONT=&quot]
    [/FONT]

    [FONT=&quot]There’s Equifax reports saying that I live there, but I also used that place as postal address for my bank account and Barclaycard credit card (as obviously a hostel as postal address for sensitive data isn’t great)[/FONT]
    [FONT=&quot]
    [/FONT]

    [FONT=&quot]Now Council is claiming repossession and asking me to pay £ 2400 of rent, even though they received the rent from Linda’s stepfather all this time ![/FONT]
    [FONT=&quot]
    [/FONT]

    [FONT=&quot]£ 2400 for a place I don’t even live in !![/FONT]
    [FONT=&quot]
    [/FONT]

    [FONT=&quot]What shall I do ? Of course I don’t have a contract with the hostel, but I do have weekly hand written receipts which I usually throw away when I get the new ones[/FONT]
    [FONT=&quot]
    [/FONT]

    [FONT=&quot]Please help !![/FONT]

    You posted on 19-06-2015, 8:41 AM

    karakus wrote:
    Hello everyone I need some urgent advice


    I am being evicted from my flat on Sunday 21th June (in 2 days), I need to find a cheap hostel in London zones 1 or 2 till I find a new flat, looking to pay £90-£100, even if it means sharing a room with quite a few people (of course the less people the better)


    Even if it’s a bit of a dingy hostel it’s ok, I’ll take it, I don’t have funds and I can’t be fussy at the moment


    All hostels online have eye wateringly expensive prices even for 8 people dormitory, take into account I have to go to work so I need to get at least some sleep


    Thank you very much for your help

    https://forums.moneysavingexpert.com/discussion/5265273

    You posted on 23-06-2015, 4:32 PM

    karakus wrote:
    [FONT=&quot]Hello everyone I need some urgent advice


    I have to leave my flat on 5th July, I need to find a cheap hostel in London zones 1 or 2 till I find a new flat, looking to pay £90-£100, even if it means sharing a room with quite a few people (of course the less people the better)


    Even if it’s a bit of a dingy hostel it’s ok, I’ll take it, I don’t have funds and I can’t be fussy at the moment


    All hostels online have eye wateringly expensive prices even for 8 people dormitory, take into account I have to go to work so I need to get at least some sleep


    Thank you very much for your help [/FONT]

    https://forums.moneysavingexpert.com/discussion/5268318

    I confused and need a drink :beer:
    Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....
  • He came clean on post 71 # regards the "hostel" 45002
    karakus wrote: »
    Sorry I'm on the phone, I can't write much. I'll come clean: I am actually living there and paying rent to tenant. I'll come clean to the council too . just been back from a quick intro session with CAB.

    You guys reckon bank statement will be enough to prove I shouldnt pay £2400 of arrerars??
    Spelling courtesy of the whims of auto correct...


    Pet Peeves.... queues, vain people and hypocrites ..not necessarily in that order.
  • 45002
    45002 Posts: 802 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    Still can't believe any of the OP posts .....
    Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....
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