Using PCOL- s.8 of 1988 Act- success!

[sbedvek]

* BUMP *

I've just used pcol and everything seemed fine but right at the end it wouldn't process payment because it said my card number was invalid. I double checked my number and ensured it was correct but no joy.

My card is visa debit. The options in the list were either visa or visa/delta and trying either of these gave the same message. I don't think it can possibly be an issue with my bank because the message came back virtually instantly - it couldn't have gone away and checked anything.

Anyone else had similar problems? What's my next step now?

Also, when I do get this sorted, how quickly will the date come through from the courts? Presumably this will be sent through to the tenants as well?

Thanks,
Kev

[P.Pilcher]

Therin you have it: you used a debit card! I have had this problem in the past: the instructions to the web designer were to set up the site to accept credit cards for payment, so this is precicely what it does! The minion who set up the specification for the web designer probably wanted to accept debit cards as well, but there is a difference and as he did not specify that debit cards as well as credit cards should be accepted, debit cards aren't!
But then, what do you expect a civil servant, with his first class honours degree in both ancient latin and greek to know about credit/debit cards except that you can use them to pay for things!
So, use a genuine credit card and your troubles may be over. (Note I did say "may"!)

P.P.

[davidjohnbutton]

I have used my First Direct and LTSB DEBIT CARDS successfully quite a number of times - always goes through without any hitch.

[sbedvek]

Do I have any other alternative? I literally don't own a credit card.

[thesaint]

Money Claim Online Help: 0845 601 5935

[sbedvek]

Thanks - I found this number and called them but didn't get any joy. They said the system is being upgraded and to try debit card again next week.

I tried a family member's credit card (which they said is fine) but got exactly the same error.

Looks like it's knackered at the moment and there aren't any alternatives. Very frustrating.

I'll try and call them again later but I doubt I'll get anywhere. Will post again if I discover anything useful.

[sbedvek]

I finally got to the bottom of this without the helpline as they were very busy yesterday and the call queues were too long.

Using Mastercard, I managed to pay the £100 fee but I had to enter the valid from month/year - even though they're not marked as mandatory fields.

This may be the same for debit card but I didn't get a chance to try as it accepted the Mastercard.

I'm still not too familiar with these forums etc. so I don't know if there are stickies etc. but I'm pretty sure this information would be useful to others so please feel free to link to this thread or move it elsewhere.

Thanks again to everyone that's tried to help with this and other threads I've posted lately - this site is a goldmine of info.

Kev

[sbedvek]

Court date - what next?

Having successfully registered a possession claim through Pcol (and received a date upon payment) I just wondered what happens next. Specifically, do the courts write to my tenants? I was going to inform them anyway in the hope of springing them into action.

I'll be preparing all of the relevant paperwork shortly ahead of the court date (4 weeks-ish). Anything else I need to know or be thinking about?

Thanks all.

[davidjohnbutton]

Do a search on my user name davidjohnbutton - I give plenty of guidance and tips.

No harm in writing to your tenants giving them a preview of the summons printed off from the PCOL site - it might just galvanise them into action.

One further little tip - although a S8 possesion does not require the deposit to be protected before issuing the S8 notice (like a S21 does), nevertheless if you have not protected it when you shold have then it is possible the tenant (usually under advice from a housing aid officer) might counterclaim for 3x penalty plus the deposit in order to reduce the arrears, potentially to a level below which the judge has to order mandatory possession.

A HARP officer tried this on me when I assisted a landlord at York Court recently when we had been generous enough to state an intention to ask for a 42 day possession order since the female had a 5 week old baby. I quoted the Draycott v. Hannings case to counter that and said we would insist on an immediate or 14 day PO if the HARP officer used that defence (even with the counterclaim it would not have brought the arrears down to below 2 months, so we would still have got the PO).

The HARP officer then dropped it after a further consultation with the tenants literally at the judges door and we got the 42 day order and uncontested judgment for the rent unpaid.

[jeffrey]

A HARP officer? Who's died and gone to Heaven?

[Charles19]

Do a search on my user name davidjohnbutton - I give plenty of guidance and tips.

Is that you in a green shirt on a boat - with glasses and bushy moustache?
;o)
Chas

[davidjohnbutton]

It sure is - though that was taken in 1999 in
Tenerife when I was 45

HARP Jeffrey is Homeless Action Resource Project who appear in some county courts to give advice to the "about to be repossessed".

[sbedvek]

Do a search on my user name davidjohnbutton - I give plenty of guidance and tips.

No harm in writing to your tenants giving them a preview of the summons printed off from the PCOL site - it might just galvanise them into action.

One further little tip - although a S8 possesion does not require the deposit to be protected before issuing the S8 notice (like a S21 does), nevertheless if you have not protected it when you shold have then it is possible the tenant (usually under advice from a housing aid officer) might counterclaim for 3x penalty plus the deposit in order to reduce the arrears, potentially to a level below which the judge has to order mandatory possession.

A HARP officer tried this on me when I assisted a landlord at York Court recently when we had been generous enough to state an intention to ask for a 42 day possession order since the female had a 5 week old baby. I quoted the Draycott v. Hannings case to counter that and said we would insist on an immediate or 14 day PO if the HARP officer used that defence (even with the counterclaim it would not have brought the arrears down to below 2 months, so we would still have got the PO).

The HARP officer then dropped it after a further consultation with the tenants literally at the judges door and we got the 42 day order and uncontested judgment for the rent unpaid.

Thanks muchly. As it stands no deposit is protected because I never received a deposit. I received £650 when it should have been £1500 (deposit plus first month), followed by £300 when it should have been £750, followed by £350 when it should have been £750. Nothing since then but a bunch of excuses.

[sbedvek]

Preparing for court

I have a court date on the 14th June to try and reclaim posession of my house. Here's what I'm going to be preparing.....

• A copy of the AST agreement
• A copy of the signed inventory
• A copy of the rent schedule and what has/hasn't been paid
• A copy of the section 8 I sent the tenants
• Proof of posting receipts for the section 8
• A copy of bank statements highlighting payments to date
• A copy of any written correspondence with tenants

I have communicated with my tenants via SMS on several occassions. I wonder if it is also worth trying to get printed copies of this?

Is there anything else that might be useful that I haven't included?

Thanks.

[jeffrey]

Which grounds are you using: 8 and 10 and 11 (or just one or two of them)?