ChatterBank3 mins ago
Corruption
Dear Sir/Madam
I have an interesting but complex case that I would like your help with as it covers many areas of law, and deciding the right action to be taken is where you could help.
I will try to be as brief as possible in trying to explain the events,
Mr S of 1A St Andrews Road, has had a ongoing problem from his freeholder spanning some 15 years, Mr S is the leaseholder of a three bedroom flat and his freeholder is the owner of a one bedroom flat (1 St Andrews Road), the freehold was acquired by dubious means that included theft of mail, we will address this later.
(The property in question is a pre war Victorian end of terrace house set over three/four floors in London's East end, Mr S owning all upper parts).
Following Mr S breakup of first marriage he moved into said flat (date) which at the time was owned by his step dad, and had been rented out prior but was vacant due to problems with last tenant and owners at No1, he made applications for housing benefit and council tax benefit which was granted from the date he moved in and paid with no problem for three years, during this time problems started arising from the owner of No1 and boyfriend, (Miss E & Mr P, mid forty's, employed by local council), because of their lack of funds at the time and the tight living conditions as they had two kids, constant drunken arguments were common place in the early hours, and complaints from a few upset neighbours were made to police over the years including previous tenant who had problems with mail going missing and on one occasion found Mr P in his flat and after assaulting and removing Mr P from property tenant decided that enough was enough and moved out, (We now know that this was pre planed by No1) this didn't help matters at all and we would say that this is when the two (E&P) hatched a plan to acquire the upper parts.
The freehold was offered for sale for £1500 to both leaseholders BY THE THEN FREEHOLDER,(date) and both logged an interest and deposits but nothing was heard of for some time and said deposit was returned by post at some point but never received, (Theft of mail).
We should also point out that freeholder had a condition report done showing some £200k worth of repairs to be done to property by freeholder, Mr S legal team at the time revived a shorten report from freeholder with some parts re-written, we already had a full report in our procession so we knew this report to be fabricated and at this time they had their then solicitors to make a offer to buy his property which he turn't down, so they would been under pressure to do something as they was now being pressed to replace roof, (£10k), which they done thinking that Mr s might have to pay half for but this was not the case as was painfully pointed out to them by their legal team and the wording of lease.
Out of no where Mr s benefits are stopped (date) and he is told that a rent officer will pop round to asses the rent value, Mr s never meets this rent officer but a report is logged saying that rent officer has seen property and believes rent is to high for said property, so Mr s benefits are cut and he contacts council several times and attends office to complain and because of the rent arrears is forced to move out(date).
(Rent officers report shows he looked at a one bedroom flat and was shown around by a middle age white chap, so here is where the fraud starts as Mr S is black? So Mr P pretended to be Mr S.)
Unbeknown to Mr S a fraud investigation is launched (date) and as a result council deem that Mr S is in debt to them for £5500. and apply for 6 liability orders at local magistrates in respect of council tax and housing benefit?, (at this time Mr s was not living at said address, so not sure how they got liability orders without fabrication Mr S address?) once they have these orders they try enforce them but can't find Mr s at said address so decide to make him bankrupt by post? bankruptcy is granted. Part one
I have an interesting but complex case that I would like your help with as it covers many areas of law, and deciding the right action to be taken is where you could help.
I will try to be as brief as possible in trying to explain the events,
Mr S of 1A St Andrews Road, has had a ongoing problem from his freeholder spanning some 15 years, Mr S is the leaseholder of a three bedroom flat and his freeholder is the owner of a one bedroom flat (1 St Andrews Road), the freehold was acquired by dubious means that included theft of mail, we will address this later.
(The property in question is a pre war Victorian end of terrace house set over three/four floors in London's East end, Mr S owning all upper parts).
Following Mr S breakup of first marriage he moved into said flat (date) which at the time was owned by his step dad, and had been rented out prior but was vacant due to problems with last tenant and owners at No1, he made applications for housing benefit and council tax benefit which was granted from the date he moved in and paid with no problem for three years, during this time problems started arising from the owner of No1 and boyfriend, (Miss E & Mr P, mid forty's, employed by local council), because of their lack of funds at the time and the tight living conditions as they had two kids, constant drunken arguments were common place in the early hours, and complaints from a few upset neighbours were made to police over the years including previous tenant who had problems with mail going missing and on one occasion found Mr P in his flat and after assaulting and removing Mr P from property tenant decided that enough was enough and moved out, (We now know that this was pre planed by No1) this didn't help matters at all and we would say that this is when the two (E&P) hatched a plan to acquire the upper parts.
The freehold was offered for sale for £1500 to both leaseholders BY THE THEN FREEHOLDER,(date) and both logged an interest and deposits but nothing was heard of for some time and said deposit was returned by post at some point but never received, (Theft of mail).
We should also point out that freeholder had a condition report done showing some £200k worth of repairs to be done to property by freeholder, Mr S legal team at the time revived a shorten report from freeholder with some parts re-written, we already had a full report in our procession so we knew this report to be fabricated and at this time they had their then solicitors to make a offer to buy his property which he turn't down, so they would been under pressure to do something as they was now being pressed to replace roof, (£10k), which they done thinking that Mr s might have to pay half for but this was not the case as was painfully pointed out to them by their legal team and the wording of lease.
Out of no where Mr s benefits are stopped (date) and he is told that a rent officer will pop round to asses the rent value, Mr s never meets this rent officer but a report is logged saying that rent officer has seen property and believes rent is to high for said property, so Mr s benefits are cut and he contacts council several times and attends office to complain and because of the rent arrears is forced to move out(date).
(Rent officers report shows he looked at a one bedroom flat and was shown around by a middle age white chap, so here is where the fraud starts as Mr S is black? So Mr P pretended to be Mr S.)
Unbeknown to Mr S a fraud investigation is launched (date) and as a result council deem that Mr S is in debt to them for £5500. and apply for 6 liability orders at local magistrates in respect of council tax and housing benefit?, (at this time Mr s was not living at said address, so not sure how they got liability orders without fabrication Mr S address?) once they have these orders they try enforce them but can't find Mr s at said address so decide to make him bankrupt by post? bankruptcy is granted. Part one
Answers
1 to 2 of 2
Best Answer
No best answer has yet been selected by ROTHY666. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.1 to 2 of 2
Latest Posts
Quizzes & Puzzles4 mins ago
Quizzes & Puzzles5 mins ago
ChatterBank7 mins ago
ChatterBank41 mins ago
