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View Full Version : Royal Mail have lost my Request for Possession Order!



Ann.C
16-03-2010, 15:11 PM
I sent off my Request for Possession Order on 5th March as tenants had apparently not filed their Defence by 4th March. As always recommended, I sent it Recorded Delivery and have sat back with bated breath waiting for the decision from the Court hopefully giving my tenants 14 days to leave. Luckily I checked via the postal tracker to find out that the wonderful Royal Mail have apparently lost my documents and don't know where they are. Rather snotty person from Royal Mail has told me it is my fault and I should have sent it via registered mail or guaranteed next day delivery.

This set me off panicking and I rang the Court who advised that I could fax it over with my proof of posting and they will try to give it priority but still can't confirm when it will be put in front of a Judge. Which now (finally) leads me to my question. The Court Official mentioned that the tenant had filed a defence but it was received too late and was returned to them. Does this mean that if the Judge is happy with my paperwork (Section 21(1)(b) correctly completed, deposit protected, etc., then the tenant will be given 14days to leave and their only available course of action is to try and extend the 14 days and by delaying sending in their defence they have no chance of staying the property. Or, can they still make all the wild claims about me that they made on their recent defence of my claim against them for rent arrears - usual rubbish - harassment, unapproachable, unco-operative etc. I can accept the unapproachable, I live 250 miles away from them!, however, all contact has been through my Letting Agent.

havensRus
16-03-2010, 17:41 PM
I sent off my Request for Possession Order on 5th March as tenants had apparently not filed their Defence by 4th March. As always recommended, I sent it Recorded Delivery and have sat back with bated breath waiting for the decision from the Court hopefully giving my tenants 14 days to leave. Luckily I checked via the postal tracker to find out that the wonderful Royal Mail have apparently lost my documents and don't know where they are. Rather snotty person from Royal Mail has told me it is my fault and I should have sent it via registered mail or guaranteed next day delivery.




Sorry to hear about the saga with Royal Mail. But not surprising. (I've had recorded mail sent back which they claimed they couldn't find the address .... a business that had been in same premises for donkeys years, and still is. Lazy postman couldn't be bothered....)



This set me off panicking and I rang the Court who advised that I could fax it over with my proof of posting and they will try to give it priority but still can't confirm when it will be put in front of a Judge.

and did you .. fax it?



Which now (finally) leads me to my question. The Court Official mentioned that the tenant had filed a defence but it was received too late and was returned to them. Does this mean that if the Judge is happy with my paperwork (Section 21(1)(b) correctly completed, deposit protected, etc., then the tenant will be given 14days to leave and their only available course of action is to try and extend the 14 days and by delaying sending in their defence they have no chance of staying the property.


that's actually three questions ;)

1. yes, possibly 21, or 28 or up to 42 days.
2. yes
3. don't think so




Or, can they still make all the wild claims about me that they made on their recent defence of my claim against them for rent arrears - usual rubbish - harassment, unapproachable, unco-operative etc.

Their chance for defence has passed, no further mud slinging can be accepted in this case. However, they will possibly wait till you apply for bailiffs to attend, and even then, apply for a suspension based on further trumped up reasons.

whatever happens, whatever shenanigans they come up with, the max time they will get is 42 days from the date the judge passes the order.

Ann.C
17-03-2010, 09:01 AM
Sorry havensRus, maths is not my strong point!

Yes, I faxed it over when I spoke to the Court, who were equally unhappy with Royal Mail. They have said they will complete a form and ask that my request is prioritised but can't confirm when it will get before a Judge, apparently Manchester CC get hundreds of requests a week. I fully expect that they will not comply with any order and I will have to instruct Bailiffs, they are beginning to appear very professional tenants who know their way around the law. Can anyone advise how much the cost is to instruct Bailiffs.

However, I am looking to the future and hopefully a good next tenant - can anyone recommend a good Letting Agent for North Manchester as the one I have used this time has been hopeless.

toby
14-08-2010, 09:31 AM
letting agents are no guarantee of good tenants, some of my worst have come via them, whereas some 'no checkers' have been great. good luck!

thesaint
14-08-2010, 10:08 AM
<snip>As always recommended, I sent it Recorded Delivery<snip>


<snip>Rather snotty person from Royal Mail has told me it is my fault and I should have sent it via registered mail or guaranteed next day delivery.<snip>



It wasn't Royal Mail that recommend you to send it recorded delivery.