Yay more Fun - Housing Association Rental Repossession

[kilasuit]

Re: Yay more Fun

If the HA is getting HB direct and you enter into an agreement to pay the arrears then CPR Pre-Action Protocol says: "if a tenant complies with an agreement made after the issue of proceedings to pay the current rent and a reasonable amount towards the arrears, the landlord should agree to postpone court proceedings so long as the tenant keeps to such agreement".

http://www.justice.gov.uk/courts/pro..._rent#IDAJJ0HC

You say there's a £15 per week shortfall in HB paid to the HA due to a previous overpayment which is being clawed back. If you can manage to pay that £15 from now on plus a "reasonable" amount towards those arrears then you may still be able to rescue this situation. If the CAB approach the HA on your behalf this could be negotiated. You'll need to sign a letter of authority for them to act on your behalf and give a copy to the HA (it's a Data Protection thing otherwise the HA can refuse to talk to the CAB).

Why not give that a go

Im going to try and get into CAB later on 2day and see if i can get something like this arranged.

Ideally they drop the claim etc etc and we manage to get to another SL within 2 months max

Though i can see that not being the case

[kilasuit]

Re: Yay more Fun

Im going to try and get into CAB later on 2day and see if i can get something like this arranged.

Ideally they drop the claim etc etc and we manage to get to another SL within 2 months max

Though i can see that not being the case

CAB dont think i can do anything at all except ask for the maximum of 42 days???

[PlanB]

Re: Yay more Fun

CAB dont think i can do anything at all except ask for the maximum of 42 days???

Because of the section 21 claim which gives the Landlord the automatic right to take the property back at the end of a fixed term and not the arrears situation I presume

That still leaves you with the chance of getting a voluntary agreement with the HA to let you stay another 3 - 6 months so long as you clear the arrears and promise to behave

If the court orders possession for 42 days after the hearing on 18th October that'll take you up to 29th November. Tha HA will then have to apply to the court for a warrant to evict you which can take up to six (weeks depending on how busy the court is). Most courts have an amnesty for not issuing bailiffs' warrants over the Christmas period so you could be looking at the first week of January next year. I'm only speculating because I hope a deal can be done with your HA before it gets that far

[kilasuit]

Re: Yay more Fun

Because of the section 21 claim which gives the Landlord the automatic right to take the property back at the end of a fixed term and not the arrears situation I presume

That still leaves you with the chance of getting a voluntary agreement with the HA to let you stay another 3 - 6 months so long as you clear the arrears and promise to behave

If the court orders possession for 42 days after the hearing on 18th October that'll take you up to 29th November. Tha HA will then have to apply to the court for a warrant to evict you which can take up to six (weeks depending on how busy the court is). Most courts have an amnesty for not issuing bailiffs' warrants over the Christmas period so you could be looking at the first week of January next year. I'm only speculating because I hope a deal can be done with your HA before it gets that far

CAB have attempted negotiations and still dont think that there is any chance of us reaching any agreement at all.

Think the clear cut of it is that they want us out. Regardless of anything else.

[PlanB]

Re: Yay more Fun

You've already made a formal complaint to the HA and had a formal response. Can't you now refer this complaint to the Housing Ombudsman as suggested in post # 93 in this thread back in August, because then the HA may have to adjourn or stay the possession proceedings until that investigation has been completed. That's the general idea anyway

http://forums.all-about-debt.co.uk/s...1&postcount=93

You can ring the Housing Ombudsman on 0300 111 3000 for advice, and here's details of how their complaints procedure works

http://www.housing-ombudsman.org.uk/...?ssid=17&nm=19

[PlanB]

Re: Yay more Fun

CAB have attempted negotiations and still dont think that there is any chance of us reaching any agreement at all.

Think the clear cut of it is that they want us out. Regardless of anything else.

That's not necessarily their decision to make

[PlanB]

Re: Yay more Fun

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

^^^^ Read Paul's post again and then find a lawyer who understands these things if the CAB can't help. See if the CAB will give you a referral to the Bar Pro Bono Unit so that you can have counsel represent you at the hearing. No disrespect to you, but having someone else to represent you at the hearing will give you a miles better chance.

[kilasuit]

Re: Yay more Fun

I have just submitted my defence to the Court claim.

So will see what that brings now

[PlanB]

Re: Yay more Fun

I have just submitted my defence to the Court claim.

So will see what that brings now

Are you able to say what your defence is and was this done for you by the CAB or that solicitor you went to see last week ?

My fingers are crossed for your hearing and maybe it would be a good idea to take your missus and your young son along with you to give the DJ a full picture of the consequences of his actions

[kilasuit]

Re: Yay more Fun

Are you able to say what your defence is and was this done for you by the CAB or that solicitor you went to see last week ?

My fingers are crossed for your hearing and maybe it would be a good idea to take your missus and your young son along with you to give the DJ a full picture of the consequences of his actions

My defence consists of a more personal approach and quite blatantly points out that HA are going against their own principles by attempting to remove us from property under s21 regardless of whether there is reason for it.

This is the N11r attached

[PlanB]

Re: Yay more Fun

My defence consists of a more personal approach and quite blatantly points out that HA are going against their own principles by attempting to remove us from property under s21 regardless of whether there is reason for it.

This is the N11r attached

That's looking good I see you've referred to that recent Supreme Court case law which Paul posted on your thread so take three copies of the actual judgment with you to the hearing. One for the DJ, one of the Claimant's solicitor (or advocate), and one for you. These possession proceedings are in the county court so the DJ in theory has to give regard to that ruling

Do you need to complete question 5 where it says "If No give details below" which is left blank although you've ticked the "No" box

I still think you would stand a much better chance if you paid off some if not all of those arrears so the DJ doesn't think you're withholding them just be be bloody minded

You said earlier that the CAB may send someone to represent you at the hearing, is that still on the cards because lawyers like talking to lawyers and statistically LIPs don't do as well in court expecially when the other side will have a lawyer of some sort If the CAB can't send someone to be there, get to the court an hour before the hearing and ask for the Duty Solicitor who will represent you. Most county courts have one on the housing day (they list these cases together).

We're all supporting you and your family through this

[PlanB]

Re: Yay more Fun

There's an inconsistency in your Statement of Truth which is a worry and you don't want it to worry the DJ either In Questions 20 and 21 you've entered a £0 balance for both your savings and current accounts but that may not be the case since you banked £3,500.00 from McDees last Friday

It's a worry because in Question 29 you've put "I was then the victim of unlawful dismissal . . ". A smart DJ may pick up on that and ask you what happened and whether you anticipate a payout or ET I believe you also said earlier that the CAB had tried to negotiate a deal for you with the HA and had told them you were expecting an imminent payout from McDees so if the Claimant remembers that you may find they raise the issue of the £3.5k even if the DJ doesn't

All the other figures you've entered on the form look fine

The contents of a Statement of Truth is taken seriously by the courts, and if you make one small error you could be looking at Contempt of Court if it's perceived as deliberate and not a typo

[kilasuit]

Re: Yay more Fun

There's an inconsistency in your Statement of Truth which is a worry and you don't want it to worry the DJ either In Questions 20 and 21 you've entered a £0 balance for both your savings and current accounts but that may not be the case since you banked £3,500.00 from McDees last Friday

It's a worry because in Question 29 you've put "I was then the victim of unlawful dismissal . . ". A smart DJ may pick up on that and ask you what happened and whether you anticipate a payout or ET I believe you also said earlier that the CAB had tried to negotiate a deal for you with the HA and had told them you were expecting an imminent payout from McDees so if the Claimant remembers that you may find they raise the issue of the £3.5k even if the DJ doesn't

All the other figures you've entered on the form look fine

The contents of a Statement of Truth is taken seriously by the courts, and if you make one small error you could be looking at Contempt of Court if it's perceived as deliberate and not a typo

I have also put in an additional statement stating that my finances are more complex than just 1 bank account as i have 5 bank accounts and 7 savings accounts hence not putting it into 1 singular amount. I feel that if i had put it as 1 singluar amount i would have had a massive headache.

[PlanB]

Re: Yay more Fun

I have also put in an additional statement stating that my finances are more complex than just 1 bank account as i have 5 bank accounts and 7 savings accounts hence not putting it into 1 singular amount. I feel that if i had put it as 1 singluar amount i would have had a massive headache.

That makes sense. I wasn't meaning to sound accusatory I was hoping to be helpful so that you don't get wrongfooted by the DJ at the hearing In which case you should give some thought to your potential answer to this possible question from the DJ: "If you've got £3,500.00 in your bank account why haven't you paid off these rent arrears?"

The court has to be seen to be even-handed to both the Claimant and the Defendant and you may well get asked some tricky questions so rehearse these before the day when you'll be feeling nervous

[kilasuit]

Re: Yay more Fun

That makes sense. I wasn't meaning to sound accusatory I was hoping to be helpful so that you don't get wrongfooted by the DJ at the hearing In which case you should give some thought to your potential answer to this possible question from the DJ: "If you've got £3,500.00 in your bank account why haven't you paid off these rent arrears?"

The court has to be seen to be even-handed to both the Claimant and the Defendant and you may well get asked some tricky questions so rehearse these before the day when you'll be feeling nervous

originally at 29. i pointed out the list of flaws and errors with thier statement of truth.

2000 character limit forced me to remove about half of the things i placed in that bit.