Yay more Fun - Housing Association Rental Repossession

[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

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

[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

[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

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

She was saying that due to possibility of getting a settlement it could be left for a few days until we knew the outcome from that.
She already knew about ET case and I just advised her of the current standing.
Towards arrears there is already around £180 that I've put aside. That will increase by yet another £30 on weds (and every weds after) and about 100 when I get wtc on 10th plus about £20 when get jsa on 15th and 70 when a cheque refund from nursery clears I think Thursday this week.
So will be around £400 by the court date just under half the arrears amount. But more than the hb overpayment clawback. It's just the period between April 1st and may 21st that's the grey area with them.

[PlanB]

Re: Yay more Fun

Are the CAB communicating direct with your HA and the court because that would make a big difference and give you the peace of mind you need right now

[kilasuit]

Re: Yay more Fun

I'm hopefully speaking to her 2moro to find out what's the suggestion from her.

[kilasuit]

Re: Yay more Fun

Are the CAB communicating direct with your HA and the court because that would make a big difference and give you the peace of mind you need right now

I actually believe that Marches refused to talk to the CAB advisor when i went in back in may.

At least i think thats what she told me back then anyway

twas a while ago but things like that so tend to stick to mind

[jen_br]

Re: Yay more Fun

You just need to sign a form so that the CAB can act on your behalf

[kilasuit]

Re: Yay more Fun

IIRC i was asked verbally if they could speak to CAB I said yes now and in future too and the next time i spoke to Sue(CAB advisor) she said that she hadnt been able to discuss anything with Marches as they point blank refused.

Also IIRC she said that they wouldnt speak with her again.

[PlanB]

Re: Yay more Fun

Well looks like more fun around the corner.

looks like will be in court on October 18th for this happenings. . .

. . . . It is being made on the ground of rent arrears.

Looks like CAB time for me now.

Did you get the help you need from the CAB for this when you saw them this morning (I note you posted about your appointment with them on your employment thread).

Because I'm panicking even if you're not since you're due in court the week after next where your Landlord (HA) is seeking to repossess your home and it seems that you have no defence to these proceedings as yet

I don't know if I can add anything more useful other than to say please do something about this for the sake of your family. I feel (my perception only) that the McDees' issue is less important then the roof over your head.

[kilasuit]

Re: Yay more Fun

Did you get the help you need from the CAB for this when you saw them this morning (I note you posted about your appointment with them on your employment thread).

Because I'm panicking even if you're not since you're due in court the week after next where your Landlord (HA) is seeking to repossess your home and it seems that you have no defence to these proceedings as yet

I don't know if I can add anything more useful other than to say please do something about this for the sake of your family. I feel (my perception only) that the McDees' issue is less important then the roof over your head.

Luckily managed to squeeze 5 mins in with the cab advisor dealing with this.
She said that she's gonna speak to Marches to put forward a pre court agreement so not to have to go to court.

So she also said that as shes looking to be in court with me (if it comes to that) that i dont need to file the defence.

Hopefully hear back from her on Friday or Monday.

Though i think shes wanting me to settle with McDs too as to be able to clear all of the arrears not just half of it.

Plan B thanks for panicking for me. Weight off my shoulders and all that

[kilasuit]

Re: Yay more Fun

Or, more accurately, the McDees settlement could ensure you and your family keep a roof over your head!

Or this instead of this!

Gotta say flower loving this pics your gettin

See them and it makes me

[transformer999]

Re: Yay more Fun

Well it looks like we all are going to be in pic 2 seeing as winter is just round the corner ....great work planB & flowerpower.....good luck kilasuit I really hope you can resolve this soon and look forward to other important matters.