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dippydora
27-11-2007, 17:07 PM
I have some nightmare tenants (mentioned in previous posts) who I have taken to court and attempted bailiff's to remove, but was postponed due to an appeal yesterday, they are over 6 months in arrears and have told the judge (after hearing 2 months ago that Housing benefit that they applied for several months ago still hasn't materialized),so the judge has given them until February to wait for the benefit to catch up.
Just rang the housing benefit people today (as tenents are over 8 weeks in arrears I can apply for benefit to be paid directly to me) they informed me that no benefit claim has been made under their names or at my (tenant's)address.
I do not know what to do, as they are obviously lying and commiting fraud, I desperately need to get them out before Feb (as they will be 9 months in arrears by then), [U]Who doI need tospeak to???
Housing Benefit say that no fraud is commited against them as no claim has been made. These people are a NIGHTMARE!!!! Heeelp

Surrey
27-11-2007, 17:16 PM
Ask the Housing Benefit people to put in writing that no claim has been received from the tenants or from your address and as soon as you receive it, send a copy to the court, with a covering letter reporting them for contempt of court and requesting that your hearing be brought forward as a matter of urgency as they are clearly trying to stay in the property under false pretences.

When you say you've tried to get the bailiffs involved, do you mean that you have tried to get a judgment giving you permission to use them or what?

Just had a thought, if you bring the letter from Housing Ben in to the bailiffs THEY might be able to put it before the judge, which would get a better and firmer response, I reckon.

This kind of behaviour makes my blood boil, I really hope you can get your place back and you can get some of your money back.

dippydora
27-11-2007, 17:36 PM
Tried to get the bailiffs to evict them as an order for possession was made on the 7th November, but as the tenants appealed (i.e.husband had left her with two children and was waiting for housing benefits to pay up....false sobs story) bailiffs returned the fee until the appeal which was yesterday (judge has given them more time until February!!!
Thanks for the tip I will ask the woman (I have her name & phone number) at the housing benefits office if she will do that for me. Fingers crossed

billmccallum
27-11-2007, 21:34 PM
It might be worthwhile talking to the Police... if as you say then the tenant might be guilty of fraud / deception, particularly if lied in court.

dippydora
28-11-2007, 16:11 PM
I cannot believe what has happened, rang the woman at Housing Benefits to confirm everything which she did, I then asked her to put it in writing and she passed on an email address to which I wrote asking for them to forward details to my solicitor and they returned a reply stating...

Unfortunately, due to the Data Protection Act I an unable to disclose any information with regards to any potential claim for Housing Benefit that may or may not have been submitted in respect of those people named below.

They have already told me, but will not put it in writing,any ideas whereI go from here? YThis data protection act is stuffing me at every turn.

Atillathemum
28-11-2007, 16:44 PM
I cannot believe what has happened, rang the woman at Housing Benefits to confirm everything which she did, I then asked her to put it in writing and she passed on an email address to which I wrote asking for them to forward details to my solicitor and they returned a reply stating...

Unfortunately, due to the Data Protection Act I an unable to disclose any information with regards to any potential claim for Housing Benefit that may or may not have been submitted in respect of those people named below.

They have already told me, but will not put it in writing,any ideas whereI go from here? YThis data protection act is stuffing me at every turn.

If they told you this info verbally then they already HAVE breached the data protection act. As you are the property owner writing to confirm there is no claim for the property should not be a breach as they would not have to supply any individual's particulars to do so. Edit to add-if you write into court then I assume the court can order that they give the information though I am happy to be corrected by anyone with further knowledge on this.

davidjohnbutton
28-11-2007, 20:43 PM
Quote Section 35 of the Data Protection Act to them. This allows them to give the information in connection with legal proceedings without breaking the law.

Surrey
28-11-2007, 21:06 PM
Do a bit of work here and google "data protection act" and then read it. Properly. It will furnish you with the correct response to the Housing Benefits office brush-off.

Oh ok, I've already got the link. But DO save this link as you can bet your boots you'll have it thrown in your face time and time again.

Look particularly at Schedule 4, which shows where the DPA does NOT apply:

Part IV Exemptions

35 Disclosures required by law or made in connection with legal proceedings etc
(1) Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.
(2) Personal data are exempt from the non-disclosure provisions where the disclosure is necessary—
(a) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or
(b) for the purpose of obtaining legal advice,
or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.
(My red highlights)

I think that kind of protects the data controller from possible problems with the DPA so they should have no trouble at all in providing you with the information you have requested.

Bum, DJB beat me to it! :D

davidjohnbutton
28-11-2007, 23:14 PM
Only problem is that S35 does not FORCE the data user to release the information if they are unwilling to.

If you get nowhere with the HB unit - ask to speak to the council's Data Protection Officer.

Surrey
29-11-2007, 07:48 AM
This is true, but you would be able to inform the court of what you know, tell them that the Housing Benefit people told you but are not willing to put it in writing but would have to if the court so ordered...

dippydora
30-11-2007, 09:50 AM
I have already emailed HB dept. quoting S.35 of the DPA and they have not responded so far. I also emailed asking for HB benefit to be forwarded to myself as the landlord, as tenant is over 8 weeks in arrears, NO RESPONSE
I am going to take this higher I think....

dippydora
30-11-2007, 11:47 AM
Thank you very much davidjohnbutton I did speak to the council's data protection officer and I had already quoted the section 35 of the Data Protection Act and.. lo and behold ... a written email has returned confirming that the tenants have no Hb claim against my address so are blatantly lying...
Now I have to decide how best to use this info... any more idea???

dippydora
30-11-2007, 19:38 PM
Does anyone know for sure what I need to do next?
Can I use the fact that tenants have lied to stay on to speed up proceedings?
If so to whom do I need to speak?
Will I have to wait until the appeal date in Feb to present this information?
This is absolutely driving me mad...
I know they are lying, my neighbours have told me tenants been on holiday 3 times this year including Sri Lanka and
neighbours tell me that my tenants permenantly have all the curtain/blinds shut & Tenant has said that her husband has left her, but my adjoining neighbour says she hears her husband's voice shouting & arguing, but obviously I cannot prove this-can I use this information in court?
can a solicitor do anything to help?

Advice please

Help help help

davidjohnbutton
30-11-2007, 22:41 PM
Speak to the Court Manager and ask for an urgent appointment in front of the judge and put your info forward.

Mrs Dingle
30-11-2007, 22:54 PM
I'm suprised that the judge did not require evidence of the defendants claim for housing benefit.

This data protection needs sorting out.

I have spoken to the council about similar matters and quoted the data protection act as with regards to gaining information.It was agreed that they can give it but they had a problem with to whom.The police have the same problem.

johnjw
01-12-2007, 08:45 AM
You have a Possession order dated 7th of November. The Judge cannot postpone eviction longer than 6 weeks following the date of the Possession order. You should certainly be able to have them evicted before Christmas - a good Christmas present for you and an appropriate one for them.
Good luck,
John

dippydora
02-12-2007, 10:04 AM
Johnjw Unfortunately if only it were as simple as this I have already applied for the bailiffs to evict and it has beenover 6 weeks but they returned my fee as the tenant has applied for a varied appeal, which will be heard in Feb 2008, in front of a different judge, I also have to have (a very expensive) Barrister present, hence my panic as it is another few months with no rent and more legal fees
I am so desperate to get them out before Christmas,but feel like the law is allowing these people to walk all over me. We are going to have a very difficult Christmas this year, whilstthis family sit rent-free in my house until at least Feb and then, it is at the Judges discretion.
There is another (sortof) light at the end of the tunnel as her section 21 notice expires on the 14th December (she has had her two months notice to quit) but if she does not move out then, (which I am sure she won't) I have to start proceedings again, but at least I can guarantee she will be out by about Feb,butwith added legal costs
Do you think it is worth it?

dippydora
02-12-2007, 10:24 AM
Speak to the Court Manager and ask for an urgent appointment in front of the judge and put your info forward.

This will prove quite difficult as I am renting in Scotland and the court is in Portsmouth Hampshire.

johnjw
02-12-2007, 12:05 PM
Dora,
I've been through a situation similar to yours and I know that when you're up against nightmare tenants, you can feel that the whole world is against you. This includes the Courts and even your own Solicitors (as they rack up the bills with apparent relish).
From my experience, I would advise that you try to dispense with your legal team; but whether you do this or not, I would definitely join the Residential Landlords Association and ask for their advice.
The advice I was given, and which advice I believe should be relevant in your circumstances, was that under the Housing Act of 1980, the Judge is prevented from making a possession order greater than 6 weeks in length ( see parag 9 "Notes for Claimant" Accelerated Procedure version 10.1 issued by the Court). While the Courts have wide powers to suspend or postpone orders, CRUCIALLY, this does not apply where the possessionorder was granted on one of the mandatory grounds including an order made against an assured shorthold tenant under S21 Housing Act 1988.
I used this argument sucessfully in Court during the second appeal against eviction, by my totally unreasonable non-paying tenants. The first appeal had been allowed on the basis of a totally false claim that they had accepted a LA house which would be available in a few weeks time. In confirming the eviction, the Judge agreed that the tenants first appeal should have failed because of the time limit.
Best of luck,
John

dippydora
02-12-2007, 18:07 PM
Housing Act of 1980, the Judge is prevented from making a possession order greater than 6 weeks in length ( see parag 9 "Notes for Claimant" Accelerated Procedure version 10.1 issued by the Court). While the Courts have wide powers to suspend or postpone orders, CRUCIALLY, this does not apply where the possessionorder was granted on one of the mandatory grounds including an order made against an assured shorthold tenant under S21 Housing Act 1988.

I think I understand what you are saying JohnJW, but at the moment,the eviction process is with a section 8 which is discretionary, and the tenant has been advised by citizens advice (obviously lying to them as well as everyone else) that she can use this varied appeal and the bailiffs and judge have obviously agreed. The original order was actually 10th October (not November as I previously stated)but suspended (the six weeks you mentioned) and I issued a warrant for bailiffs soon after, but it was returned as she had filled in a N244 form to vary the possession order and it has been agreed and the new date set for a hearing by the court for Feb 2008.
If I know she will appeal also to the section 21, my solicitor has said,with the courts closing over christmas etc. (plus theyare always more lenient at Xmas) that will take until early Feb before she is out (plus section 21 is for eviction only, not judgement payments) I will still need to attend court to contest her.
I really am just hoping that the informationIhave about her NOT claiming Housing Benefit can be used tomy advantage, but I feel time is of the essence.
I am going to try and ring the courts on Monday,to see if I can go about this

The other thought I had was to ring the tenant and state that her S21 runs out 14th Dec and if she doesn't want me report her for Perjury/contempt then I suggests she removes herself sharpish,Iwas worried thatthis might be construed as harrassment (as everything else seems to be) and that pre-warning her might put me at a disadvantage somehow...
What do you think?

porridge
02-12-2007, 18:44 PM
Housing Act of 1980, the Judge is prevented from making a possession order greater than 6 weeks in length ( see parag 9 "Notes for Claimant" Accelerated Procedure version 10.1 issued by the Court). While the Courts have wide powers to suspend or postpone orders, CRUCIALLY, this does not apply where the possessionorder was granted on one of the mandatory grounds including an order made against an assured shorthold tenant under S21 Housing Act 1988.

I think I understand what you are saying JohnJW, but at the moment,the eviction process is with a section 8 which is discretionary, and the tenant has been advised by citizens advice (obviously lying to them as well as everyone else) that she can use this varied appeal and the bailiffs and judge have obviously agreed. The original order was actually 10th October (not November as I previously stated)but suspended (the six weeks you mentioned) and I issued a warrant for bailiffs soon after, but it was returned as she had filled in a N244 form to vary the possession order and it has been agreed and the new date set for a hearing by the court for Feb 2008.
If I know she will appeal also to the section 21, my solicitor has said,with the courts closing over christmas etc. (plus theyare always more lenient at Xmas) that will take until early Feb before she is out (plus section 21 is for eviction only, not judgement payments) I will still need to attend court to contest her.
I really am just hoping that the informationIhave about her NOT claiming Housing Benefit can be used tomy advantage, but I feel time is of the essence.
I am going to try and ring the courts on Monday,to see if I can go about this

The other thought I had was to ring the tenant and state that her S21 runs out 14th Dec and if she doesn't want me report her for Perjury/contempt then I suggests she removes herself sharpish,Iwas worried thatthis might be construed as harrassment (as everything else seems to be) and that pre-warning her might put me at a disadvantage somehow...
What do you think?


Really not qualified to offer advice,but you have my heart felt sympathy !!, stories like yours and the hell im going through convinces me that BTL is a mugs game and the law is stacked in the favour of the those that least deserve it.

Good luck

johnjw
02-12-2007, 19:34 PM
Dora,
I dont quite understand the situation when you say "the eviction process is with a section 8 which is discretionary". I thought that you had been given the Possession order on the basis of huge rent arrears and that (although I'm not legally qualified- I just read the books) sounds like mandatory to me.
Anyway please check up on the time limits following possession orders. My solicitor and the Judge on my first eviction attempt, didn't know this bit of the law;the Judge thought she had discretion but she didn't). Thankfully the second Judge did know the law and my nightmare tenants were evicted the day after the hearing.
I can say with certainty that (the tenant) lying in Court counts for absolutely nothing. My tenants told outrageous lies, some of which I could prove to be false but these drew no comment from the Judge. I hope I'm wrong but I dont think you will get anywhere with the housing benefit issue. Also I wouldn't speak to the tenant along the lines you suggest; she will probably relay her version of your conversation to her MP, local councillors, CAB and doctor and you will be faced at the next Hearing with an armful of supportive letters from people who have no knowledge of the real situation.

dippydora
02-12-2007, 20:35 PM
:
Dora,
I dont quite understand the situation when you say "the eviction process is with a section 8 which is discretionary". I thought that you had been given the Possession order on the basis of huge rent arrears and that (although I'm not legally qualified- I just read the books) sounds like mandatory to me.
Anyway please check up on the time limits following possession orders. My solicitor and the Judge on my first eviction attempt, didn't know this bit of the law;the Judge thought she had discretion but she didn't). Thankfully the second Judge did know the law and my nightmare tenants were evicted the day after the hearing.
I can say with certainty that (the tenant) lying in Court counts for absolutely nothing. My tenants told outrageous lies, some of which I could prove to be false but these drew no comment from the Judge. I hope I'm wrong but I don't think you will get anywhere with the housing benefit issue. Also I wouldn't speak to the tenant along the lines you suggest; she will probably relay her version of your conversation to her MP, local councillors, CAB and doctor and you will be faced at the next Hearing with an armful of supportive letters from people who have no knowledge of the real situation.
Let me try and explain, My tenant moved in 14 Nov 2006 and that was the only month that they paid on time, they paid whenever they wanted and the amount they wanted,usually the minimum, several times my Letting agent advised me to serve a section 8 notice and early June I did,At this stage being a novice Landlord I did not know (and Letting agent did not explain) that tenant was not fully two months in arrears.I would never have gone to court on discretionary grounds if I had known (she had paid a lump sum for April and it took her £100 into the next month). So when she went to court it was not on mandatory grounds (ie two months rent outstanding)
Anyway the notice Expired beginning of August No payments to this day have been received since. It went to court on the 10th October and on the day (with no previous notice to myself) she informed the court that her husband had left her, she did not know where he was and she was left with two teenage children and no means of income, she stated that she had applied for Housing Benefit and that they would pay her up to 8 weeks in arrears (although by this stage she was about 4 1/2 months in arrears.
The judge agreed that her payment history was appalling and that she should have a CCJ for the arrears at £50 pw starting 12th October and that she must pay her rent (I did not know that the proceeding was not mandatory so this was a huge shock.
As the order was suspended (my solicitor did not tell me, she advised me, that as soon as the first payments were missed to get a bailiff's warrant to evict her, the fee was returned as the order was suspended (stupid solicitor not reading court notes from the barrister properly). I then had to wait until the 7th November for the suspension to end (arrears 6 months by now, no payments whatsoever) Letting agent went to the house the day after and tenant was still there stating that CAB had told her to apply for a varied appeal (cheeky cow had to pay £75 for that, but still not a penny to me), Letting agents asked for her husbands forwarding address (his name is still on the tenancy and she has said that he has lost his job and moved in with his brother and she didn't knowwhere they were living then the following week said that he had moved to Spain & again did not know where!) hmmmm
I have since received a copy of her application to appeal which states her housing benefit still has not been received ,so she needs more time,a judge has granted her appeal in Feb next Year.
In the meantime, I have been chatting to some of our old friends and neighbours and several of them said that they had seen her husband around, put could not give specific dates/times, and next door neighbour, was saying that they had been away three times that year including Sri Lanka.
I then found out about the HB lies and am now desperate to accelarate her eviction. as another couple of months paying rent and mortgage will cripple us financially. Hope that makes more sense
Hope this makes the story clearer.
I am not a LL with a large portfolio, we just decided to rent our only houseout for the first time for 18 months so that me and my daughter could live with my hubby in Scotland (He is in the forces and away)
as you can see it has been one thing after another and a total nightmare, I knew nothing about being a LL hence the reason I went fully managed with a LA and used solicitors in court, I feel all of them have kept me really badly informed all the way through, this is why I am educating myself now (a bit late, but I really have learnt the hard way).
Hope this makes more sense of the situation....

Surrey
02-12-2007, 21:40 PM
Dora, you have had some seriously PANTS advice. Landlords everywhere, even if you don't intend doing things in court yourselves you MUST protect yourselves by trying to understand the constraints and laws under which you are forced to operate.

Dora, I am not touting for business (not a lawyer and have very guarded feelings towards solicitors - Jeffrey don't read that bit!) but I suggest you try to find a solicitor who is a specialist in property law - sounds like the crowd you've got working for you haven't got a scooby-doo! - and do a lot of studying yourself. You should also speak to the bailiffs. In addition read the Civil Procedure Rules. I have been shocked at the lackadasical (sp?) way the courts and individual judges expose their OWN ignorance of the rules we are supposed to adhere to, so if you can make any judge's day easier by telling them what rule you're referring to (quote it word for word) and directing them what they should be ordering, then you might end up doing yourself a favour.

You really do seem to have fallen foul of the absolutely worst kind of tenant and my heart goes out to you. But given that horrible situation do as much as you can to arm yourself. Read the law (you can bet your Christmas spending money your tenant knows the loopholes!) and make sure you understand every step your solicitor takes, and why. I still think a serious letter to the court - either from yourself our your legal team showing contempt of court would be advisable. Can't remember the details but the CPR does state that you are OBLIGED to report contempt of court, and your tenants' lies (I include the husband here, so don't correct my apostrophe...) clearly indicate that even though they may not have been sworn that they have made a false statement to the court.

Clearly you are not in a (geographical) position to act for yourself but do make sure that you keep a very close eye on what your solicitors are doing. Or get a better bunch, the lot you've got don't seem to be the brightest candles in the chandelier.

Finally almost as an aside, people should be clear they understand the difference between SECTION 8 and GROUND 8. I won't whitter on any more (too many beers, it's been a long weekend for other reasons) but I suspect there might be some confusion in terminology in this thread. "The Law" is incredibly picky on terminology so you have to be ABSOLUTELY correct when dealing with courts. As I've said before it's purely a paperwork exercise and has little to do with what's fair or right.

ah84
02-12-2007, 22:39 PM
Unless you can get the hearing brought forward why not apply to the court under section 21 now? The 150 quid might be cheaper than all the solictor's fees.

johnjw
02-12-2007, 22:41 PM
Dora,
It beggars belief that a Judge could think it reasonable to suspend a Possession Order dated 10th of October to sometime in February of the following year - 4 months!!. I understand that your section 8 action invoked discretionary grounds, but nevertheless, if I understand correctly, you were granted a Possession Order dated 10th October. Was it the same Judge who suspended the Order for 4 months? How could he possibly sign a document saying that you should have possession on the 10th of October and then say he'd think about it again in February? What happened to change his/her mind?
I have to agree with Surrey and Star Lettings that you need to speak to an expert in tenant law - again I would say, try joining the RLA. Does the Judge have that much discretionary power? - I doubt it.
Clearly you could take action again under section 8, this time using the mandatory grounds. It would probably be quicker than waiting for an appeal in February - but you shouldn't have to do this.
You are being treated very unfairly. I do hope that you can get your message through to someone who can get the Courts to recognise the urgency of your situation.
John

johnjw
03-12-2007, 07:19 AM
Dora,
Just another thought - you probably know this already but you can contact the Landlordzone topic expert Jeffrey by private message. I don't have any connection with either the RLA or Landlordzone other than being members of both but I have had excellent advice from both organisations - much, much better advice than I received from my non-specialist solicitors which was sometimes wrong in crucial areas. I think you need cutting-edge advice at this late stage to reset your direction. The Judge made a ludicrously wrong decision - he has given your tenant almost a complete tenancy - rent-free! This can't be right. I think he's exceeded his powers but you need an expert to confirm this and advise you on the action to take.
John

dippydora
03-12-2007, 10:53 AM
My views, If you have a merc get merc to fix it, a BMW, well BMWs best,........ just cos someone has the title "SOLICITOR" never means they are experts in ALL THE LAW.... they all have fields of experiance etc

I would get a Bloody good solictor...not a jack of all trades....im sure you would be better getting one off here, one that only deals with this sort of mess...daily.

I hate to tell you all this but the solicitors I have are "allegedly" specialists in tenancy law. I am going to try and contact the court myself today Wish and then look into contacting RLA. wish me luck!! Will keep you posted

dippydora
04-12-2007, 11:34 AM
Quick update,
I have spoken to the bailiff's office directly, and explained my situation, they were extremely helpful and advised me write a letter + send the information from HB dept and they would to present it to the judge as soon as possible, they have said obviously, that it is still the judge's decision as to whether he acts on it, (I feel a million times better just for getting my point across)
Thank you for that advice

I am also going to attempt to follow through with the section 21 proceedure myself if/when tenant does not move out on 14th Dec, at least then I have mandatory grounds
A thousand Thank you's to Jeffrey for his advice, which I will endeavour to use. i.e to add ground 8 to my Section 8 notice as well as grounds 10 and 11.
I may as well try everything,
Finally once all this is over, I am gunning for my solicitors, I believe they have some serious questions to answer and have advised (if you can call it that) me very badly

Will keep you all posted

dippydora
02-01-2008, 21:32 PM
Quick update,
Sent all the information to court asking for case to be brought forward, it has been referred to judge several weeks before Xmas, still no reply
As the court date is now only 5 weeks away, can't see the judge bothering to bring case forward now.
All I have been doing is gathering evidence from my neighbours and getting them to put it in letter form,to present at court that the tenant is still living with his family and have a proper letter from HB also.
Looked into the Section 21 route, (my solicitor has all the paperwork) but by the time I set the proceedings in place (and her almost guaranteed appeal for 6 weeks clemency) plus the courts being shut/amnesty over xmas, It will be Feb anyway,so will save myself the money.

ps.Agency just contacted me to say excrement pouring all down my tenant's drive, drain man says collpasing drains - loadsa money to repair,
Please pinch me and wake me up from this horrible nightmare......

dippydora
06-02-2008, 14:02 PM
D-day, 5th February
I have just heard that at long last (almost 9 months) I have been granted a court order to evict the tenants. Have just heard from my letting agent that before they were due in court, they found out it was the same judge they have had for the last few court cases they have been to and he never rules in their favour, so they objected and asked for a new judge. This new judge was absolutely appalled at the case and could not believe that the case kept being suspended/appealed etc. and has granted an eviction plus insisted that we go straight to the front of the bailiffs list so that we can get them out within the next 14 days. My LA also said that compensation (for the last 4 months)for myself was mentioned as the court should not have granted the appeal. I haven't heard anything officially from my solicitors yet (waiting for barristers court notes) but I cannot tell you the relief just to get a court order for eviction. (didn't know whether to laugh or cry!)
Not sure about the compensation thing, but will let you all know......

dippydora
06-02-2008, 14:25 PM
Oooops almost forgot.... Thankyou thankyou thank you! to everyone who offered their advice, it kept me going (and sometimes got me even more frustrated) and helped just to share it THANK YOU!!!! You know who you are....

davidjohnbutton
06-02-2008, 16:58 PM
Very pleased to hear this dippydora. Do pursue the question of compensation, though I fear you might not get any because it was a judicial decision rather than mere maladministration.

I recall I have been successful in getting compensation out of the court service on two occasions. The first was when a judgment was entered by default against me a few days AFTER I had filed a defence (maladmin by court staff - £500 compo, judgment set aside, written apology and I won on the defence!) and the second was where I found out that details of business premises noted on a warrant request were not sent on to the home court of the debtor for the bailiffs to visit - hence no visit coupled with the fact that the bailiff did a walking possession on 4 vehicles which turned out to belong to various members of the debtors family so bailiff declined to take them even though debtor had said they were his vehicles on the WP. My argument was registered keeper is not necessarily legal owner (says so on the V5) and bailiff should have removed them. That was settled by a payment of £350 or thereabouts for admin bungles again.

But nowhere in my two examples above was a judicial decision in error and that is the stumbling block you will have to overcome because judicial decisions are generally protected as "priviliged" - however, if you make enough noise, the court service might "pay you off".!

toady
12-11-2010, 14:19 PM
I know this is a long time past your problem, but The Tennant wasn't South African was she??

Solent Watcher
13-11-2010, 07:26 AM
Been there with this one. Cracked it by going to Face to Face with the Head of HB Section. With due regard to the woman you spoke to they are the small wheels and when things get uncomfortable or they are unsure they will always deploy the DPA defence!!! Not clear how they can be breeching the dpa when, if I understand above, there is no claim!!!!!