CCJ issued from Estate Agent

Chris_H123

Hi There,

First post just wondering if anyone can give me some advice.

I was in a joint tenancy with me father which started in Dec 2015 and was initially a year.

In Feb 2017 I delivered a letter to the estate agent serving notice, he then acknowledged with an email stating "in was in the process of trying to take me off the TA"

Fast forward to the start of 2018 I start to receive calls from the estate agent chasing rent arrears, I pointed out to him that ive not lived at the property for well over a year which he acknowledged and that he needs to pursue my father, he stated that I was still on the tenancy agreement because my father did not have the affordability to live on his own so I was left on. I then bombarded him with emails and phonecalls requesting he removes me.

Fast forward again to the end of 2018 he calls me and tells me he is going to take my father to court but as I am on the tenancy agreement I will be liable too, I asked him to notify me when the court date is and that I will make my own representation will all the proof I have that id moved out in feb 2017.

At the court case my father did not turn up and I had a file of evidence showing I did not live there ( even an email from the local council) but the judge didn’t want to hear or see any of it and assumed I still lived there.

The Judge issued a CCJ against me and my father and stated I am liable.

My plan is to get the CCJ set aside I am going to the court tomorrow to get the court order I’ve also paid £500 to a solicitor but he hasn’t been much help.

Can anyone give me advice into what I should write in the witness statement and if it’s worth me paying more money to another solicitor or represent myself?

Any advice would be appreciated the situation is becoming extremely stressful for me.

Thank you

Chris

Carrot007

Unfortunatly I doubt there is anything you can do.


You had a joint tennancy, your father could not have a single one, he stayed, the tennancy did not end. You are liable.


As horrible as it is you should have made your father leave if you wanted to end the tennancy as it is the only way.


Do not go into a shared tennancy with someone if you do not trust them to end the tennancy when you want to.

twhitehousescat

a set aside is not the correct idea , you need to appeal the judge's findings at a higher court

ans why the hell are you giving solicitors £500 , you cannot claim that back a CC level

Chris_H123

I paid them as I was told to seek legal advice and this was the amount required on the account to start the process.

I served notice as per my TA it didn't state both parties where required.

Gutted if there is no way to appeal this if there is nothing I can do I'll stop investing time but if anyone knows a way I can get all my evidence put Infront of a judge to look at I'd appreciate any or even something that could have full liability put in my father's name

Sorry if this all sounds silly I'm not an expert in any of this so would appreciate if there weren't any comments criticizing choices I made

Thanks

Parkingfines

You can only appeal the case on matters of law, it is not for a re-run of the evidence of the case.
Dd you ask for permission to appeal at the time?

Chris_H123

No am I able to appeal it now?

Nebulous2

Try the housebuying, renting and selling forum.



I'm sure I've seen someone on there saying that any one of the joint tenants giving notice ends the tenancy. There are a few very knowledgeable people there.

General_Applause

Once the OP had given notice, if the estate agent didn't believe that the father could afford the tenancy, shouldn't they have started eviction proceedings against the father?

Chris_H123

Thank you both I will try over on that forum

And yes I thought they would of served notice of my father, both my father and the estate agent are as bad as eachother I feel they had some sort of car and mouse game going on which I've been caught up in.

Appreciate everyone replying thank you !

Parkingfines

Chris_H123 wrote: »

No am I able to appeal it now?

On what point of law would you be appealing? and it has to be within 21 days of the original case/judgement

MEM62

Chris_H123 wrote: »

I served notice as per my TA it didn't state both parties where required.

You are basing you case on the fact that you were not resident. This is not relevant are arguing this will not get you anywhere.

The terms and conditions of your TA dictate your liability, not your physical presence in the property. Furthermore, you cannot be removed from a joint TA just because you have requested it. You must fulfil the conditions of TA.