illegally evicted 4 years ago

[kregrs]

Just a quick question.

 

Back in 2008 I was illegally evicted from a property I was renting.

 

I was in arrears with the rent, the landlord used an eviction notice from a previous dispute (had fallen into arrears before but managed to clear the arrears),

and using that, and having told the local police I hadn't been seen for a while (not true)

and that he had concerns for my welfare,

 

he used them to assist with gaining access and promptly changed the locks, while I was at work.

 

So I returned home from work to find I couldn't get in the house, and to find him waiting and harrassing me.

 

So, there's the background.

 

I've recently (today) found out I could have taken some action about this,

and may have got some compensation for his actions,

but I'm guessing there would be a time limit for such a claim?

 

The million dollar question, what is the time limit?

[renegadeimp]

|You could have taken action immediately as the LL lied to the police delibrately. This can be classed as wasting police time, or making a false report.

[DanscoCAB]

I think it would be hard to prove now and I highly doubt anything would happen to your old landlord imo. Did you ever settle the rent arrears? If not forget about it completely!

[mrsfoot]

You may have had a claim had you done something right away. As previously said, he lied to the Police, but then you would have had to prove he had lied..which would have been difficult. It would probably been out down to your word against his..unless you have strict proof he had seen you in the time he said he hadn't.

 

The stronger claim would have been using an old notice to evict you. There is the statute of limitation act, which means you must make the claim within 6 years. If you have cleared the arrears, and it is less than 6 yrs ago, you may have a claim. As said previously, if you haven't cleare them, I'd leave well alone! If you have, then give CAB a ring and ask a out times allowed for making a claim against the LL, if someone on here doesn't come along and let you know more on the time span.

[mariner51]

To whom would you report 'crime', and with what physical evidence? I doubt LL still has incriminating eviction Notice & I doubt Police took a file copy. You have come to terms with it over 4 yr until someone put £ signs in your eyes yesterday. You may have Statute of Limitation on your side, but pursuing could be expensive & time consuming, with no guarantee of success & the obvious question as to why you did not take advice/action when you found LL had locked you out of your home?

Without a full history of theT and subs events, my advice would be forget and get on with your life Sorry.

[kregrs]

I'm just looking for a few pointers and advice please.

I have received a letter from Rossendales re a liability order Forest Heasth borough council obtained back in 2008 for £918. Its not the 1st letter, I had one back in April and spoke to the council as I disputed the amount, the whole thing is a mess. I am being charged the whole year of council tax, despite being illegally evicted on 18th April 2008, I had spoken to the council and informed them of this, their reply was they had spoken to the landlord who told them I was still resident in the November, despite the property being completely empty.

I don't dispute I owe them some money, albeit for 18 days, but now it seems rossendales are back on the case, and are obviously chasing me for the whole year, what can I do?

Can I get the liability order set aside or re heard? As until April I had had no contact from either rossendales or the council about the debt, the council confirming that all original paperwork had to been sent to the property the debt is for, where I haven't been resident. The liability order is dated Sept 08.

Secondly, how do I prove I wasn't at the address when they say I was? I have an email from my current borough council to confirm that they have me registered in their area from Oct 08, although I had been living in a shared house from June 08 and staying on a friends sofa from the April to June when I then moved into the shared house. Unfortunately I have been unable to find any proof of apart from the council record for Oct 08. There maybe 1 glimmer of hope tho, the landlord used the local police to help him gain entry to the property to evict me (I was at work at the time), and I made numerous complaints in the following days, so I assume there should be a record of this somewhere.

That's the gist of it so far, I'll hop on the pc later and edit if need be, have typed this on my phone.

 

Thanks in advance,

[kregrs]

Forgot to add, both myself and my partner are unemployed, with 3 children.

[brassnecked]

Hi and welcome to CAG, No doubt others will be along soon to help also, as one option, print out the email that states when residence in your current area commenced, along with any details you had from the police about your complaint into the illegal eviction, and send it to both Dossendales and the old council along with a statement and proof of being on benefits, stating that you are therefore vulnerable due to limited income, quote from the National standards for enforcement agencies to which the council and dossers should be signed up to. You should also issue a Formal complaint to the CEO and leader of the old council regarding them hounding you for a wrongful Liability Order, copy it to your MP

 

Remember that there is NO LAW that compels you to deal with a bailiff, and you do not have to let him in, deny him a levy and he is powerless, so keep him out, all doors and windows locked, move any car a good walk away.

 

for reference, here is the part about vulnerability from the National Standards:

Vulnerable situations

 

 Enforcement agents/agencies and creditors must recognise that

they each have a role in ensuring that the vulnerable and socially

excluded are protected and that the recovery process includes

procedures agreed between the agent/agency and creditor about

how such situations should be dealt with. The appropriate use of

discretion is essential in every case and no amount of guidance

could cover every situation, therefore the agent has a duty to

contact the creditor and report the circumstances in situations

where there is evidence of a potential cause for concern. If

necessary, the enforcement agent will advise the creditor if further

action is appropriate. The exercise of appropriate discretion is

needed, not only to protect the debtor, but also the enforcement

agent who should avoid taking action which could lead to

accusations of inappropriate behaviour.

 

 Enforcement agents must withdraw from domestic premises if the

only person present is, or appears to be, under the age of 18; they

can ask when the debtor will be home - if appropriate.

 

 Enforcement agents must withdraw without making enquiries if the

only persons present are children who appear to be under the age

of 12.

 

 Wherever possible, enforcement agents should have

arrangements in place for rapidly accessing translation services

when these are needed, and provide on request information in

large print or in Braille for debtors with impaired sight.

 

 Those who might be potentially vulnerable include:

 the elderly;

 people with a disability;

 the seriously ill;

 the recently bereaved;

 single parent families;

 pregnant women;

 unemployed people; and,

 those who have obvious difficulty in understanding, speaking or

reading English.

[ploddertom]

Do you still have the eviction notices from your ex-landlord? Was it done through a lettings agency? Was there a record of any deposit with the TDS or similar?

[kregrs]

No, I have nothing, there was no letting agent involved, I rented direct from the landlord, he evicted on the back of a previous notice which had been settled 4 months previous. I'm hoping the police may still have a record of the events, otherwise I'm at a loss as to how I prove I wasn't resident when they say I was.

[sgtbush]

where did you move too when you were evicted??

have you proof that you lived at the new address, letters from DWP? council tax bills etc

[kregrs]

I moved to a friends, I was staying on his sofa, for 6 weeks, then I moved into a bedsit at the beginning of June. Unfortunately I can't remember the name of the landlord of the bedsit, I was working at the time so no involvement with the DWP. If I can use absolutely anything as proof, I changed the address on my licence at some point in July or August, along with applying for my digital tachograph card so hopefully the lovely people at the DVLA could provide some proof?

[sgtbush]

you dont have any bank statements or credit card statements or the like

they will be dated and addressed so that may prove you were not there and the landlord is lying

[tomtubby]

The most important point right now is to ensure that you do not allow the bailiff to entry into you present property and you must ENSURE that you do not have a car outside of your home.

 

Next try to get through to the police to see if there are any records with them regarding assisting the landlord to gain entry. I would be most surprised if they said that there is no record.

 

The ex landlord will not be at all helpful because, if you can prove that you had moved then the landlord would be liable for payment ( unless of course he had another tenant in occupation).

 

It is important to ensure that you put a detailed letter together for the council and DO NOT rely upon phone conversations. Mark your letter as Formal Complaint. If possible, hand delivery a copy to the council.

[kregrs]

I have some issues relating to a council tax debt from 4yrs ago. I was illegally evicted from the property on 18th April 2008, and subsequently moved to a different property. A few months ago I started receiving letters from a debt collector about some unpaid council tax on the property, to the tune of £900. The council in question have a liability order for that amount, having been told by the landlord that I was still resident in the property until 1/2009. I've been able to get some proof that I was living elsewhere dated 10/2008, and am working on getting more proof to show I did leave the property in the April, and the council have agreed to reduce the amount owed once proof has been shown.

So, this liability order, does it need to be changed? And if so, how? The first I knew about it was when the debt collector letters started arriving, any correspondance, including letters from the council, had been sent to the propery I was evicted from, so I didn't receive them, but if all goes to plan and I can prove I left the property on 18th April 2008, then my liability drops considerably.

[kregrs]

Anyone?

[ss002d6252]

The liability order does not amended as such , all that needs to happen is the council will reduce the outstanding balance once you can prove your not liable for the entire period of charge.