Yay more Fun - Housing Association Rental Repossession

[PlanB]

Re: Yay more Fun

Please don't worry because there is nothing going on here which can't be sorted by communicating with everyone involved and getting outside help

There's a brilliant book by a US pop-psychiatrist M. Scott Peck called "The Road Less Travelled". The first line of the first paragraph of the first page of the first chapter goes "Life is Difficult". Once you accept that concept it's plain sailing from then on Trust me because I've been there done that. I've read all your other threads and it's not fun for you at the moment, but you will get through this because you're a determined person and we're on your side

[kilasuit]

Re: Yay more Fun

Have you got any help from the CAB for these possession proceedings yet ? At least send back the forms which came with the summons to say that you intend to defend them to prevent an Order automatically happening.

It should ask you for your I & E so that the court can use its discretion to grant a suspended possession order if it thinks that's reasonable to both parties. Also there's a section which asks whether you want more than the standard 14 days for eviction after an order and why. I suggest you enter the maximum of 56 days stating that you and your family will be homeless if it's any shorter as the reason

Despite what you say you may not have to go to court because Social Landlords (HAs) must also consider ADR as an option:

http://www.adviceguide.org.uk/englan...sing_landlords

Please keep us posted of your progress

I spoke to CAB advisor who said that she would get back to me this week about this. i asked about the defence and she said that it wasnt necessary atm due to the ET case.

Did not know of ADR so when i'm at CAB next (hopefully weds) can get all of this sorted out.

Needless to say i'm probably under-panicking as usual which wont be nice to deal with if thats the case

[PlanB]

Re: Yay more Fun

I agree with the amount of arrears since May 21st (when i was dismissed) but prior to that i feel that it was the HA's actions(or lack of) that caused the arrears to build up. They disagree however and Housing Ombudsman wont intervene due to court action so it seems it will only be settled in court.

Have you got any help from the CAB for these possession proceedings yet ? At least send back the forms which came with the summons to say that you intend to defend them to prevent an Order automatically happening.

It should ask you for your I & E so that the court can use its discretion to grant a suspended possession order if it thinks that's reasonable to both parties. Also there's a section which asks whether you want more than the standard 14 days for eviction after an order and why. I suggest you enter the maximum of 42 days stating that you and your family will be homeless if it's any shorter as the reason

Despite what you say you may not have to go to court because Social Landlords (HAs) must also consider ADR as an option:

http://www.adviceguide.org.uk/englan...sing_landlords

Please keep us posted of your progress

[PlanB]

Re: Yay more Fun

unfortunately i believe that the offer is no longer available and if it was i would still be pursuing against the HA as dont feel i should have to be paying now for their mistake.

If it had been my mistake then as said i would have had to pay for it in O/D fees at the time. And would have happily paid them so why is it not the same for the HA??

I agree with the amount of arrears since May 21st (when i was dismissed) but prior to that i feel that it was the HA's actions(or lack of) that caused the arrears to build up. They disagree however and Housing Ombudsman wont intervene due to court action so it seems it will only be settled in court.

Maybe try to look at this logically

You're not being asked to pay for their mistake, you're being asked to pay your rent. There was a possible admin error on both sides (you say you didn't notice your rent wasn't going out of your bank account) but that won't extinguish your debt, why should it?

You say you would have happily paid them at the time, so why not pay them later. After all they've done you a favour with an interest free loan for all those weeks, and you didn't get all those bank charges for going over your limit either

If you say you agree with the amount of arrears since 21st May then why not make an arrangement to pay them since you've been getting HB all that time after losing your job. If there's a shortfall of HB it's only because you've had an overpayment and now have deductions to pay it back which makes sense.

As far as I'm aware rent arrears can't be treated like an UE debt which you can dispute, but you can counterclaim and that's something the CAB will help you with if you say the property has suffered from repair issues which are not your responsibility under the terms of your contract (take a copy of your tenancy agreement with you to the CAB). Since you are currently unemployed you should be entitled to Legal Aid to defend these possession proceedings

[jen_br]

Re: Yay more Fun

haha this thread is full of awesome ... You are a lucky guy to have so many women try to guide you in the right direction ....

Behind every good man is a woman!


What kind of job do YOU want to do?

[PlanB]

Re: Yay more Fun

lack of job
lack of deposit
lack of ability to build a deposit due to lack of job
No chance of passing credit checks due to i think 5 defaults on file since dec last year.
High private rental costs here in shrewsbury
Real snotty Estate agents and none of them are any good here.
I just genuinely dont think it will ever happen.

A pessimistic view point but a truthful one i might say

I have an idea, if all the estate agents in your area are rubbish, then why don't you become one to raise the standard It's a profession which requires you to be computer literate (which you are) and that's about it. You need to be able to sell and I sense you'd be good at that too.

If you start with lettings you'll have a great time showing people around property and signing them up. It's as simple as that. Most agents need temps to work on a Saturday only to do viewings so you won't have childcare problems while your partner does her apprenticship during the week If you like it and they like you then you may get a permanent job. This month is peak season in the lettings business. You'll also get to see all the best properties as soon as they come on the books and before anyone else does

[jen_br]

Re: Yay more Fun

It could be worse....

Every day on way to work i Pass a guy (and his dog) living in the bus shelter.

Just think, you're actually better off than him as you have warmth, love and something to live for.

Question is, it's how you perceive things that really count. Sit down and consider all the words of wisdom within this thread. We're all much older and wiser matey.

That's the cold hard facts of the matter.

Ahem I dont know who you are calling old dearie.



But seriously, I know its always easy to say there are worse off people but I know what it is like to feel like your situation may feel really horrible to you. I get that.

Have you thought about really mapping out a plan for the next 6 months what YOU are going to do? Do you have a good support network someone to help you guide you with jobs etc.?

But, it really isn't all that bad

(wow can you tell I volunteer with the Samaritans lol)

[Never-In-Doubt]

Re: Yay more Fun

lack of job
lack of deposit
lack of ability to build a deposit due to lack of job
No chance of passing credit checks due to i think 5 defaults on file since dec last year.
High private rental costs here in shrewsbury
Real snotty Estate agents and none of them are any good here.
I just genuinely dont think it will ever happen.

A pessimistic view point but a truthful one i might say

It could be worse....

Every day on way to work i Pass a guy (and his dog) living in the bus shelter.

Just think, you're actually better off than him as you have warmth, love and something to live for.

Question is, it's how you perceive things that really count. Sit down and consider all the words of wisdom within this thread. We're all much older and wiser matey.

That's the cold hard facts of the matter.

[jen_br]

Re: Yay more Fun

Well renting your EA can't see defaults!

[kilasuit]

Re: Yay more Fun

Me too. So what's stopping you

lack of job
lack of deposit
lack of ability to build a deposit due to lack of job
No chance of passing credit checks due to i think 5 defaults on file since dec last year.
High private rental costs here in shrewsbury
Real snotty Estate agents and none of them are any good here.
I just genuinely dont think it will ever happen.

A pessimistic view point but a truthful one i might say

[PlanB]

Re: Yay more Fun

Unfortunately i have never been one that is good at that sort of thing.

Time is devious and mysterious to me and i really despise it.

Lets say i would like for all this hooha to be over with me back in real work and living in a nice 3 bed house with our own garden and driveway. A garage would be a bonus.

Me too. So what's stopping you

You can do this Kilasuit if you dump your "I have to win" baggage and focus on getting what you want to achieve for you and your family by hook or by crook

If you let go of your hostilty anything is possible

If you doubt me then ask your Mum what she thinks and I bet it won't differ from my approach

[kilasuit]

Re: Yay more Fun

Maybe the question you need to ask yourself is where will your 3 year old son spend Christmas this year and then work backwards from that

Unfortunately i have never been one that is good at that sort of thing.

Time is devious and mysterious to me and i really despise it.

Lets say i would like for all this hooha to be over with me back in real work and living in a nice 3 bed house with our own garden and driveway. A garage would be a bonus.

[Pixie]

Re: Yay more Fun

I have to agree with PlanB and Jen...your family are the most important consideration here.

In future could you pay your rent online? The HA I'm with has payments by DD, rent card or online.

[jen_br]

Re: Yay more Fun

Maybe the question you need to ask yourself is where will your 3 year old son spend Christmas this year and then work backwards from that

Say it like it is Sister friend lol

This is what I was trying to get at... IMO this battle isn't the one to be having. Your kiddo needs a home, rentals are hard to come by.

[PlanB]

Re: Yay more Fun

Being male that tends not to be an option unfortunately.

Maybe the question you need to ask yourself is where will your 3 year old son spend Christmas this year and then work backwards from that