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    • i would suggest that you stick to researching on here only. use our search top right for say CTAX or liability order.   you seriously have some wild theories, but those are understandable.   as i have said, there won't be a court hearing you need nor would that help you at all nor are expected to attend, it's not like that, it's merely a rubberstamp exercise .   there is no right of forced entry for bailiffs collecting CTAX debts. the bailiff process is one of a letter which will be entitled Notice of enforcement, this gives you 7 days to pay the sum it outlines with an associated fee of £75 for it being sent. the 2nd step will be a visit, you have no legal remit to engage with them at all, i i would not do so under any circumstances, that visit will add a further £235 fee those are the only things a bailiff can do. the most they can charge is a total of £310.   police do not ever get involved in civil matters like CTAX debt. not sure where you ever got that idea from.   its saturday now so use the W/end wisely, get reading up HERE ONLY it might well pay you on monday to go RING the council CTAX dept and plead poverty etc etc. it might also pay you to find the email address or even better phone number of your local MP and get him involved. they can do wonders.   dx 
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    • Hi Stu and dx1000uk,   I have done the online assessment and as I suspected I already receive the maximum benefits available to me.   Yes I was referring to the fact that some times I know that non-payment of council tax can lead to imprisonment so thanks for clarifying.   let's say I can't make their demands for payment and they do send bailiffs in, I assume these are the type of bailiffs I can just not let in and then after a certain amount of attempts they give up right? does the council then not send the police round? This is what I can't work out and worries me.   The council already know that I am struggling and can't make the payments but when do I get my chance to tell a court or the police that it's not that I don't want to pay but that I can't pay?    Walshy
    • Hi Stu and dx1000uk,   I have done the online assessment and as I suspected I already receive the maximum benefits available ot me. Yes I was referring to the fact that some times I know that non-payment of council tax can lead to imprisonment so thanks for clarifying. But let's say I can't make their demands for payment and they do send bailiffs in, I assume these are the type of bailiffs I can just not let in and then after a certain amount of attempts they give up right? But does the council then not send the police round? This is what I can't work out and worries me. The council already know that I am struggling and can't make the payments but when do I get my chance to tell a court or the police that it's not that I don't want to pay but that I can't pay?    Walshy
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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being forced to leave a rented house with a assured tenancy


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ok this isn't for me this one, but for the people of Rowner estate Gosport.

 

ok to explain first. the local housing association has brought the area into a form of blight. they have stated they want to regenarate the area. have openly made it public 3rd 0ct 2007 in the local newspaper and dropping a mailshot to all affected and the local surrounding area of the estate.

they claimed they would use a CPO to stop anyone trying to stop the project. so far this hasn't been applied for. they have changed the plan of action. think this has something to do with the housing market at present and one of the partner companied that was going to help Taylor Wimpey are struggling a bit.

 

so back to my question this is on behalf of some 300 people. can they foce there residents to give up the home they live in before a CPO is put in place.

 

can a housing association just say they want to move people give them a date and say this is your new home now. there are no strustual defects on the properties that i am aware of.

 

our MP has failed us. he was more concerned with a stoping a airfield being closed that some 40 people us.

 

the council no help, they are working alongside the housing association.

 

local paper is also on there side as they wont come and talk to me about this to put it in the paper.

 

i want to force them to use the CPO that they are hiding behind. its all about the money to them not the people

 

please help if you can. they have us up against a wall and are ready to pull the trigger.

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anyone any ideas.

 

can a housing association make you move if you don't want to. so that they can knock down the house you are in when there is nothing wrong with it.

without a compulsary purchase order in place.

 

from what i can tell so far from all my reading is no they can't if you was assured shorthold. then a section 21 will do the job.

 

any help please. some of these people only have 2 weeks left so the housing association think. i want to hold there plans up.

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Can I ask what HA. PM if you wish.

 

Has there been formal written notice given? If so, what sections of the housing act does it state, and what clauses?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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OK just checking it wasnt mine :)

 

Think the acts quoted on the notice here is of vital importance...

 

For the record, I feel that although you *may* succeed in delaying this, it is highly unlikely at this stage that you will succeed in preventing this entirely - especially if you have already used the MP route unsuccessfully.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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what notice is that MrShed?

 

i have typed up a letter to stop them for now. the PHA are acting like they have the CPO in place they have nothing yet to fight with, just pressure of being the tenants landlord.

 

i have sorted mine out with them almost, but these people have no help what so ever. its about time they was getting some. the PHA are getting away with it because of fear people are scared to stand up and be counted through worry of not being rehomed.

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If they are evicting the tenants then they must have sent a written notice to the tenants of eviction proceedings.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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it was the way i read it what you posted. i thought you was posting a image of an act posted on a notice. lol

 

will try and see if they will let me scan one to show you. might take a few days.

 

they have put me in such a position im forced to sell our home as wife is now disabled. need to move anyway now. but as i cant get a mortgage now they have to house us. the tenants are just getting pushed around. want them to know from the start im not playing that game with them.

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OK. Just make sure you remove any personal details of the notice.

 

Just for better understanding, what is your position in this scenario?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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me im a shared ownership owner whos house is to be smashed up to for the same project.

 

i have been forced into a postition that im having to sell. i dont want to but have no choice. i cant work because of the stress that has been caused im a tattooist and its not right to mark peoples skin if im not giving it 110% of my attention. my wife has lost the best part of movement in her legs due to illness brought on by the stress and worry about wwhat will we do as we cant get a mortgage again.

 

once i sell they will rent back my old house until they can find a disabled friendly house for us. they claim they have no disabled friendly housing stock at present. it will be a assured shorthold tenancy they will give us. so really we are screwed. we are losing our right to own a our own home.

 

lets put it this way. they are using the power they have of threats. im using the power of the law to fight this. they are using the law as a guideline but trying to enforce it as if it was in place.

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Surely they have to give you the market value of your share of the property. Would you not be better off as a tenant given your present situation. If finances become tight you would be able to get help from your local authority; help you may not be able to get as an owner occupier. I am only saying this as something for you to consider.

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Problem is Badger that the OP is part of a shared ownership scheme so will only get 50%(I guess) of the market value. If there is not a similar scheme to go into, then it is going to be difficult to purchase elsewhere. Also, the market value in the estate in question is VERY low....

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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i cant buy nothing i have tried im not paying a mortgage with an 11.59% interest rate from gmac. adverse credit history.

 

they have offered us a home as and when one become avaliable which has to be disabled friendly, they claim they dont have any, so this is holding up the sale of our home, also it is slowing up the process of making my wifes life more comfortable.

 

i beleive they are holding the process up so they can move the people out in the area they need to start the project in. using the powers of a CPO that isn't yet in place.

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just had a phone call from the director of the HA. looks like we are getting somewhere now. at least someone i can converse with, without feeling put down and below there level.

 

still waiting to see one of the notices to quit the occupancy of the rented houses.

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