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Yay more Fun - Housing Association Rental Repossession

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  • kilasuit
    replied
    Re: Yay more Fun

    Originally posted by PlanB View Post
    Don't dump on me when you're supposed to be the lawyer around here

    I didn't know about that Supreme Court Case you posted and that's been sent to all the LawWorks clinics I know. It's proved to be unbelievably helpful when stapled to a F*ck Off letter to a Housing Association
    F*ck Off letter


    hmmm

    Tempting to just tell them that. Arsewipes

    Leave a comment:


  • Paul.
    replied
    Re: Yay more Fun

    Originally posted by PlanB View Post
    Don't dump on me when you're supposed to be the lawyer around here

    I didn't know about that Supreme Court Case you posted and that's been sent to all the LawWorks clinics I know. It's proved to be unbelievably helpful when stapled to a F*ck Off letter to a Housing Association
    its helpful no doubt, but as i said i am not au fait with housing not like i am with CCA stuff

    Leave a comment:


  • PlanB
    replied
    Re: Yay more Fun

    Originally posted by Paul. View Post
    Fantastic advice from PlanB

    i must admit housing isnt my strong point, but fortunatley it is Planb's
    Don't dump on me when you're supposed to be the lawyer around here

    I didn't know about that Supreme Court Case you posted and that's been sent to all the LawWorks clinics I know. It's proved to be unbelievably helpful when stapled to a F*ck Off letter to a Housing Association

    Leave a comment:


  • Paul.
    replied
    Re: Yay more Fun

    Originally posted by PlanB View Post
    Good for you

    You may need to turn detective and see if you can find neighbours willing to give statements supporting your side of the story on those anti-social complaints. You can also get people to be character witnesses to say what a lovely family you are Perhaps a letter from your GP about your health problems would help to melt the heart of the HA

    There are legal procedures they must follow, but there is also a Code of Practice for all Housing Associations to treat people fairly and repossession must only be used as a last resort. Remind them of that too
    Fantastic advice from PlanB

    i must admit housing isnt my strong point, but fortunatley it is Planb's

    Leave a comment:


  • PlanB
    replied
    Re: Yay more Fun

    Originally posted by kilasuit View Post
    I have contacted Shakespeare's and told them I am appealing. Also CC'd them in emails to HA so they are aware of my constant fight to get the required justice.
    Good for you

    You may need to turn detective and see if you can find neighbours willing to give statements supporting your side of the story on those anti-social complaints. You can also get people to be character witnesses to say what a lovely family you are Perhaps a letter from your GP about your health problems would help to melt the heart of the HA

    There are legal procedures they must follow, but there is also a Code of Practice for all Housing Associations to treat people fairly and repossession must only be used as a last resort. Remind them of that too

    Leave a comment:


  • kilasuit
    replied
    Re: Yay more Fun

    I have contacted Shakespeare's and told them I am appealing. Also CC'd them in emails to HA so they are aware of my constant fight to get the required justice.

    Leave a comment:


  • transformer999
    replied
    Re: Yay more Fun

    Originally posted by PlanB View Post
    It may be wise to send an email to Shakespeares solicitors to advise them that you're lodging an appeal against the Notice just in case their client (the HA) hasn't instructed them to down tools and they automatically issue proceedings next week. Always good to lay a paper trail
    So true PlanB...plus it is Friday and the weekend starts tomorrow so this must get done asap

    Leave a comment:


  • PlanB
    replied
    Re: Yay more Fun

    Originally posted by kilasuit View Post
    I've started the paper trail and gonna get messy with them about this all.
    I'm currently at doctors to see about getting something for depression to hopefully help me deal with this all. And again also a good thing for all issues at present and gives me some ability to be sane again.
    Also constantly in pain in my jaw so hoping to get some painkillers to help soothe that too as buying co-codamol and diclofenac is costing a bomb and unfortunately that's all that working to kill the pain.
    Oh dear, I'm sorry to hear this You have got a lot on your plate right now with the employment issues and so on. Please post up every step of the way with this because we're all here to help you

    You sound like a spirited young man who will fight off all these tormentors and win!

    Leave a comment:


  • transformer999
    replied
    Re: Yay more Fun

    That's good kilasuit...and I hope you get well soon as it is not nice to be in physical pain and top deal with mental pain...been there and I know what its like. But don't panic PlanB & team are with you all the way...so keep the faith and keep going.

    Leave a comment:


  • PlanB
    replied
    Re: Yay more Fun

    Originally posted by kilasuit View Post
    I'm raising a complaint with the HA due to their inefficient and total lack of inclusion of appeal process in this "notice" and that it took 2 rather stressy emails to my HO of which 1 was totally ignored and no read receipt sent. . . . .

    We were given until 28th August but tbh IMHO I should have until then to file a defence to this. Not this 14days malarkey especially seeing as they have been evasive with the information given and also rather unhelpful when asking for a simple reply stating that the request is being delt with and will be actioned appropriately.
    It may be wise to send an email to Shakespeares solicitors to advise them that you're lodging an appeal against the Notice just in case their client (the HA) hasn't instructed them to down tools and they automatically issue proceedings next week. Always good to lay a paper trail

    Leave a comment:


  • kilasuit
    replied
    Re: Yay more Fun

    I've started the paper trail and gonna get messy with them about this all.
    I'm currently at doctors to see about getting something for depression to hopefully help me deal with this all. And again also a good thing for all issues at present and gives me some ability to be sane again.
    Also constantly in pain in my jaw so hoping to get some painkillers to help soothe that too as buying co-codamol and diclofenac is costing a bomb and unfortunately that's all that working to kill the pain.

    Leave a comment:


  • kilasuit
    replied
    Re: Yay more Fun

    I'm raising a complaint with the HA due to their inefficient and total lack of inclusion of appeal process in this "notice" and that it took 2 rather stressy emails to my HO of which 1 was totally ignored and no read receipt sent.

    I even went through the hassle of setting up new seperate email addresses for this and contacting creditors.

    I received last Thursday the appeal process and where it's to be sent to.

    It's gonna be funny ripping the HO a new asshole seeing as he's blatantly disregarded my communication with our previous HO. Also on the rent arrears front I have written confirmation that it initially was due to a systems error on their part. Just need to re-point out that in my telephone conversation I gave verbal request to allow them to set up another DD instruction a week later and this was ignored.

    I've had a copy of all complaints and gonna again rip them to shreds. Along with the fact that we are paying for communal hallway upkeep when we have no access to it.
    Also the window cleaners and car park maintainance and a few others.

    We were given until 28th August but tbh IMHO I should have until then to file a defence to this. Not this 14days malarkey especially seeing as they have been evasive with the information given and also rather unhelpful when asking for a simple reply stating that the request is being delt with and will be actioned appropriately.

    Also had a letter from the income management team about rent arrears and how they are at pre "notice" stage even though we arranged with CAB what the payments would be each week.
    Wonder if then they'd send everything promptly or still be retards about it all.

    Leave a comment:


  • transformer999
    replied
    Re: Yay more Fun

    Great idea PlanB and maybe there is an email that can also be sent that an appeal is going to be made...as that will be proof to show that an appeal being made has been notified.....good to keep a paper trail to.

    Leave a comment:


  • PlanB
    replied
    Re: Yay more Fun

    Originally posted by Paul. View Post
    There was a case i read, about human rights in the context of housing

    Heres a link, it may help

    http://www.supremecourt.gov.uk/decid...essSummary.pdf

    Don't forget Paul's amazing reference to a Supreme Court ruling in which a tenant WON against repossession and eviction while on an Introductory Tenancy such as yours. Start quoting that case law at people and show it to the CAB or Shelter when you meet

    Leave a comment:


  • PlanB
    replied
    Re: Yay more Fun

    Shit. I've just read that letter again and noticed that you've been given 14 days to appeal against that Notice of Possession from Shakespeares solicitors which expires today

    There's a telephone number on the bottom of that letter which belongs to the HA which the solicitor says you should ring if you have any queries about the possession proceedings they intend to issue. If it was me I would call them immediately and tell them that you intend to appeal against the Notice and you are awaiting an appointment with the CAB who will provide you with legal representation. If you don't do this then I'm guessing the solicitor will issue possession proceedings on Monday But you can prevent this if you move fast. One phone call could make all the difference.

    The next call you should make is to Shelter for legal advice. If you have a *Starter* tenancy agreement you may not be protected under the Housing Act in the same way as assured tenants. According to this link the Landlord (HA) doesn't even have to give a reason for evicting you since your tenancy is due to expire next month anyway (or this month?). The solicitors' letter refers to previous written warnings and encloses copies of them. Take them to either the Shelter office or CAB (I've posted your nearest earlier in this thread) to check whether these have been issued correctly by the HA.

    Please don't panic about this because if you fight it as 'a family unit' with a two year old son you'll have a greater chance of defending it then if you go it alone. You know why I'm saying that based on the information in your other Text Message thread.

    http://england.shelter.org.uk/get_ad...er_tenancies#2

    Leave a comment:

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