Housing Association Eviction via Council

[PhoenixLaw]

Good Afternoon All.

 

I was really looking for some advice on way's I can move forward with the following situation:

 

My partner, son and I live in a housing association property and pay £870 per month for a 2 bedroom house.

 

As of February 2013 I had to change jobs due to my previous company making redundancies

and jumped into the next suitable job for financial security purposes etc.

 

I went from a 30k a year salary to 23k per year and my partner takes home roughly £650 per month

as she works part-time due to being the primary carer for our son.

 

Unfortunately as we both have bad poor credit scores we need to use payday loans to help us get throught the month

but now are in a situation where we are taking them out to help with living and the cost of rent!

 

Each month we are needing to pay back the previous loan

and take out another one and the amount with interest has gradually increased

as we have needed slightly more each month as we are loosing a lot of money in interest.

 

The problem we have now is that the maximum loan I can take out just about covers the rent

but we'll have nothing else to live off of for the month.

 

I'm not too sure what to do with this one,

I don't want to get into rent arrears or have a payday loan we can't pay back,

especially as I can't imagine them being that flexible.

 

Is there any support or advice out there to help manage housing association rental arrears

as I don't see any other solution to get us through the month then to pay less on the rent?

 

Unfortunatly there isn't anyone we could ask to burrow the money from.

 

Thank you for your time.

[fkofilee]

Glad you came to us at the right time.

 

Have you discussed payment plans with the companies concerned?

Who are they as well?

 

While a company may ask for an Income & Expenditure info, you are not legally obliged to provide this info, however I would suggest you sit down and analyse what's coming in and out and if you have money to the side, use it to pay it off.

If you do slip on the Payment, its not necessarily a bad thing.

Yes you'll end up with a default / Late payment markers, but would you be willing to pay back in instalments?

[PhoenixLaw]

Hi, Thanks fkofilee. We have been using the Cheque Centre for instant cash loans.

 

I'm confident with an income and expendature showing our inability to pay the amount back but if I default they are likely to contact me at my place of employment which can't happen or attempt to take funds out of our account anyway.

 

If we could have some form of rent relief or something for a month then we could potentially get back on track.

 

Thanks

[renegadeimp]

Good advice there by fkofilee.

 

You need to secure your finances and your bank accounts then start negotiatibg with pdls.

 

It is relatively easy to do but some pdls will make you tear your hair out in frustration with some of the unlawful things they get up to.

[fkofilee]

I would suggest cancelling the debit card linked to the PDL... That way they shouldn't be able to clear the bank account out.

 

This puts you in control plus you can get another one reasonably quick. Plus you can order them to not contact you at work however if they are a good company then they should know by the OFT debt collection guidelines they shouldn't be ringing your work.

Also because the Cheque Centre is on the high street, you could just turn up to pay them in a payment plan

 

So no standing order crap

 

Trust me, if the CC send you to Motormile Finance... Thats a different kettle of fish.

[PhoenixLaw]

Thank you for your help, much appreciated. The problem is they'll probably only accept high amounts as a repayment plan which may result in the account being sold to Motormile anyway. Is it not better to see if there is any flexibility on the rent and see if that can be spead across future payments etc.

[dx100uk]

NO

 

your rent comes FIRST

 

stuff the PDL's companies.

 

cancelling the card wont help either.

 

you need to cancel the Continuous Payment Authority

 

do it NOW with you bank.

 

drop ALL the PDL stuff down to a tiny level so you can PAY your priority bills

 

rent/ctax/elec/gas.

 

the rest can go swivel and get £5 for 6mts or so.

 

the ROOF over your head comes FIRST.

 

We have been telling people to put a letter into their bank instructing

them not to make any payments under any circumstances to these companies

.

http://whatconsumer.co.uk/visa-debit-chargeback/- it works!

.

.

banks MUST follow written intructions from their customers !

remember..cancelling your card ..IS NOT THE ANSWER..cancel the CPA

.

This fsa [now the FCA] 11:24 31/05/2013 guide has now been updated:

.

http://www.fsa.gov.uk/pubs/consumer_...ghts_guide.pdf

.

Here's the text:

.

Cancelling a regular

card payment:

.

When you give your credit or debit card details to a company and authorise them to take regular payments from your account,

such as for a gym membership or magazine subscription,

it is known as a ‘recurring transaction’ or ‘continuous payment authority’.

These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.

In most cases, regular payments can be cancelled by telling the company taking the payments.

.

However,

you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments.

Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.

Be aware, though, that you will still be responsible for paying any money that you owe.

.

see: http://www.consumeractiongroup.co.uk/forum/showthread.php?336569-How-to-remove-a-lender-s-continuous-payment-authority(2-Viewing)-nbsp

.

http://www.fsa.gov.uk/pages/consumerinformation/product_news/banking/know_your_rights/solving/index.shtml

and

Attach the following to your claim and in the interim period write to your bank and attach the following (Keep a copy)

Regulation 55 of The Payment Services Regulations 2009:

55.—(1) A payment transaction is to be regarded as having been authorised by the payer for the purposes of this Part only if the payer has given its consent to—

(a)the execution of the payment transaction; or .

(b)the execution of a series of payment transactions of which that payment transaction forms part. .

(2) Such consent—

(a)may be given before or, if agreed between the payer and its payment service provider, after the execution of the payment transaction; and .

(b)must be given in the form, and in accordance with the procedure, agreed between the payer and its payment service provider. .

(3) The payer may withdraw its consent to a payment transaction at any time before the point at which the payment order can no longer be revoked under regulation 67.

(4) Subject to regulation 67(3) to (5), the payer may withdraw its consent to the execution of a series of payment transactions at any time with the effect that any future payment transactions are not regarded as authorised for the purposes of this Part.

This means that you can simply ask your bank to refuse the payments, it is also good practice to let the lender know too.

So, if you would like your creditor to stop trying to take a payment all you need to do, in theory, is to inform them that you remove their authority. It's probably better to do this in writing and via recorded delivery - if possible.

You can learn more about your rights via the following fsa guide :

Ending recurring payments from credit cards

57 Recurring payments, is the term used to describe transactions for which a client has granted written permission for her/his credit or debit card to be debited for recurring goods or services, for example, club membership subscriptions, insurance cover or payday loansicon. The card may be debited annually, monthly or at other regular intervals.

.

58 In most cases, recurring payments can be cancelled by telling the trader taking the payments. However, a client has the right to withdraw consent by simply telling whoever issued the card (the bank, building society or credit card company) that s/he does not want a payment to be made. S/he can tell the card issuer by phone, email or letter.

.

59 The card issuer has no right to insist that the client ask the trader to stop taking the payment first. The card issuer has to stop the payments if the client has asked them to. The client could point out to the card issuer that they should follow the FSA guidance available in the FSA know your rightsicon booklet which is available on the FSA website at www.fsa.gov.uk.

.

59a If money is still taken from the client's account, it will be deemed to be an unauthorised transaction, and the card issuer must give her/him an immediate refund. The card issuer will have to cancel any interest and charges added to the her/his account because the payment was taken. It is not up to the client to prove that s/he told the card issuer to stop taking payments. Instead, the card issuer would have to prove that s/he did not tell them to stop making payments.

.

60 The client should make a complaint to the Financial Ombudsman Service when all the internal complaints systems within the company issuing the card have been exhausted.

I hope this information is of assistance

 

New june 2013

 

Regulator orders Banks and mutuals to review complaints about not cancelling recurring payments from November 2009.

Consumers who have set up a regular payment from their account will now be able to successfully cancel that arrangement

by contacting their card provider, the Financial Conduct Authority said.

The FCA has been examining how easy it is for customers to cancel Continuous Payment Authorities (CPAs)

due either to payday lendersicon or for other regular payments such as subscriptions or gymicon memberships.

 

CPAs, which are also commonly called recurring transactions or recurring payments,

are relatively easy to set up but can be hard to cancel, causing problems for consumers trying to manage their finances,the FCA said.

 

Now, following the FCA review of how the largest high street banks and mutuals process requests to cancel CPAs, they have agreed that they will ensure that when a customer asks for a recurring payment to end, that will be sufficient to cancel the arrangement. They have also confirmed that should a payment go through by mistake following cancellation by a customer the customer will be refunded immediately.

 

In addition to securing this commitment, the largest banks and mutuals have agreed to review every individual complaint they have received about the non-cancellation of a CPA and to pay redress where payments have continued to be made despite the customer cancelling the arrangement. This applies to all complaints since November 2009 when the Financial Services Authority, the FCA’s predecessor, began regulating banking conduct.

 

Clive Adamson, the FCA’s director of supervision, said: “It’s important that consumers are confident that banks are meeting their everyday banking needs. Today customers can be confident that when they ask for a Continuous Payment Authority to be cancelled – it will be cancelled - and that it can be done easily.

 

“We recognise that historically this is an area where some customers have struggled but the banks and mutuals have responded positively to our work on this issue. From now on we expect them to be getting this right. In addition, they have committed to review past complaints.”

 

http://www.ftadviser.com/2013/06/28/regulation/regulators/fca-banks-have-to-cancel-recurring-payments-if-requested-UxbeHUuYQIy0SEYbGRE4tJ/article.html

 

 

as for payments to the pdl's

TELL [dont ask] them they are only going to get £xxPCM for xx mts

as a goodwill gesture

and as a reciprocal GOGW they must freeze int & refrain from levying PENALTY charges.

if they wont

drop them to £1PCM for life.

.

as an example>

LETTER 1

.

I am currently in financial difficulties and not able to meet my normal monthly repayments.

to show my goodwill, i am going to pay £5 for 6 mts.

 

i will update you in 6mts time or before, should my situation change.

could you please as a reciprocal goodwill guesture,

refrain from levying any penalty charges & freeze the interest on my account.?

Should you fail to assist me during a period of financial difficulty, contrary to all the guidelines and codes

issued by the relevent bodies and authorities that govern you and the way you conduct yourselves.

i shall have no alternative but to reduce my offer to £1PCM for the rest of the life of the account,

as your actions would do nothing to help me.

i thank you for your time.

signed

.

then pay by your internet banking site

.

and get reclaiming

.

TAKE CONTROL

.

if you have sent the above and they refuse

then write back........

.

.LETTER 2

 

i'm sorry, but you have failed to assist me during a period of financial difficulty,

against all the guidelines and codes issued by the relevent bodies and authorities

that govern you and the way you conduct yourselves.

i repeat again, the contents of my letter dated dd/mm/yyyy, for want of clarification:

to show my goodwill, i am going to pay £XX for XX mts

could you please as a reciprocal goodwill guesture, refraining from levying any penalty charges

& freeze the interest on my account.

i will update you in 6mts time or before, should my situation chance.

should you fail to help by refraining from levying unlawful PENALTY charges & freeze my interest,

i shall have no alternative but to reduce my offer to £1PCM for the rest of the life of the account,

as your actions are doing nothing to help me.

This is contrary to the rules you should operate under.

disgruntled account holder

dx

[fkofilee]

DX is right, Maybe its best to cancel the CPA... But in the past i have cancelled my card to stop unauthorised payments... Usually from experience but the guys know better here

Use the letters here . these should sort it out.

[renegadeimp]

First thing you ALWAYS do when it comes to PDL's and repayments, is secure your bank account. THEN start negotiation with them.

[suemumof3]

Absolutely right, your rent is PRIORITY!!!!

 

Call your bank and cancel the Continuous Payment Authority (CPA) with your bank, do this by telephone AND letter into your local/nearest branch, when doing this also stress that they companies involved no longer have any authority from you to access your account.

 

My experience indicated that once they realise they cannot take anything from your account, they are more inclined to start listening to your proposals. Do take a look at the Govan Law post, fantastic tips in there!!!

[PhoenixLaw]

Good Afternoon

 

My partner and I have lived in a housing association property now for 3 years.

 

I wanted to see if there is anything we can do the query the amount of rent they charge us per month.

 

We live in a small 2 bedroom house with 1 child and pay £870 per calender month.

 

Has anyone queried this type of thing before? Sometimes it feels like people are paying quite a bit less for the same, if not more then we have.

 

Thank you

[Minkiesmum]

Wow, that does sound pretty excessive unless you're living in London. I love on a one bedroom place we near Salisbury and pay £98 a week.

Any neighbours you can ask for a comparison ? That sounds more like private rent prices to me !

 

Lynda~

[PhoenixLaw]

Thank's Minkiesmum, yeah it does feel that way sometimes.

 

We live in Surrey which is quite pricey but still it just feels that incomparison to other people I know they pay less. Some may live in "Council" properties but I thought Housing Association places are supposed to be affordable housing.

[Minkiesmum]

Exactly. I was paying £143 a week for a one bedroom with private rent (£575 a month). The only difference I've found is that the housing association charges weekly too so some months they're getting more than others which is a bit naughty.

A 2 bedroomed house in Hampshire would usually be around £650 a month and we're a pricey county too although maybe not as bad as Surrey. However, we're not over £200 a month different ! I'd certainly query it. I sat on a list almost 5 years to land the housing association place with the affordable rent and it is, now, but yours isn't in the least.

 

Lynda~

[stu007]

Hi PhoenixLaw

 

As this is to do with Housing Association I will move your thread to Residential and Commercial Lettings as you my get better advice their.

 

Its administrative so nothing for you to do and I will leave a short redirect.

 

Now what the Housing Association will have is a Policy on how they set their rents normally called:

 

Rent Setting Policy so I would write to HA and request a copy of that policy.

 

Also is your property by any chance classed as 'New Build'.

 

Speak to your neighbours to see if they are paying the same rent

Edited November 7, 2013 by stu007

[Lea_HTH]

The rent you pay will depend on the type of tenancy you have. Even though you say you rent from a housing association, if it is temporary housing in any way, there is a likelihood the property has been rented by the HA and re-let to you - hence the higher rent. Social rents are subsidised, so should not be at that level, whatever area of the country you live in.

[caro]

I wonder if you're on an intermediate rent scheme which are more expensive than general HA rent. If so I'd have thought you'd be aware of it. http://m.england.shelter.org.uk/get_advice/finding_a_place_to_live/intermediate_renting

[PhoenixLaw]

Good Afternoon

 

I was looking to get some assistance with how to handle the following situation:

 

My Partner, Son and I have been renting the same housing association property for 4 years now. As of February 2013 I was at risk of redundancy so took a 4-5k pay cut and jumped into another position to safeguard my emplyment.

 

Throughout the last 17months or so its been tough in terms of keeping on top of bills, rent, childcare etc.

 

Unfortunately I now have £1,000 worth of rent owing which has slowly built up over this time.

 

I was notified by the Council(who manage the Housing Association properties) this week that I have 7 days to pay £640 or they take the matter to court.

 

I have just accepted an offer for a better paid job and start on Monday but its only 3k more then I'm on to start with.

 

I have obviously tried to re-negotiate a repayment plan with the council already but this increased my rent from £850 per month to £960 which was, in hindsight too ambitious.

 

My partner and I earn over the required amount to qualify for any benefitsand have poor credit so paying the £600 isn’t possible.

If anyone could give anyadvice that would be much appreciated.

Thank you for your time!

[Lea_HTH]

I can't imagine the HA taking you to court for what amounts to just over a month's worth of arrears - however, if you have made a previous agreement and failed to stick to it, that is the type of thing that would lead to them taking action against you.

 

Make another offer - one you can afford this time, and start paying it. You do not have to offer them a lump sum as they suggest, just make a monthly offer you can afford.

 

Put the offer in writing - include an income and expenditure form if possible, as this will show them that you are offering as much as you can afford.

 

If it goes to court, on arrears of just over a month, a judge is likely (at worst) to order a suspended possession order on terms (such terms being that you pay the current rent plus something towards the arrears) or (at best) an adjournment on terms (see previous parenthesis comment).

[PhoenixLaw]

Good Morning

On Saturday I received a N54 form from My local court regarding housing association rent arrears that have slowly built up over the last 12 months. The date of eviction I have been given is 10/12/2014 (9 days’ time!)

My standard monthly rent should be £850 but due to the amount outstanding I was required to pay £1,125 per month.

Unfortunately I was unable to keep to the previous CCJ repayments due to changes in employment for my partner and I amongst other reasons.

In October I paid £700.00 towards rent and a week ago for November’s payment I paid £900.00.

I know I need to complete a N244 form asap but wanted to see if anyone had any advice on how I should proceed or things to be aware of?

I would of gone to the CAB but with work commitment’s I am definitely not going to be able to spend time out of the office meeting with them etc. It will be a push to get time off to attend court as in the industry I work in it’s the busiest time of year.

Any advice would be much appreciated.

Thank you for your time!!

[PhoenixLaw]

Sorry, Just wanted to see if anyone has been through this or has any advice?

 

Thank you!!

[Ell-enn]

Hi there, how much are the arrears ? Are you actually able to afford the monthly rent plus something towards the arrears each month ?

[PhoenixLaw]

Hi Ell-enn.

 

 

Thanks for the message! I can yes, I have emailed the HA asking for the total arrears to date and asked if there is any flexibility in coming to another agreement rather then applying for a suspension. I am yet to hear back, sent the email yesterday but will chase this afternoon if no news.

 

 

I think it's around £1,000-£1,500 that's owed. Comfortably I can afford 100-150 per month on top of the rent.

 

 

This is what was previously agreed:

 

 

HA- "Your rent is £213.15 per week – Multiply by 52 weeks & divide by 12 monthly payments gives you a monthly total of £923.65 + the £100.00 per month off the arrears makes £1023.65".

When I moved into the property it was £852 per month as I get paid monthly but since living there the HA have been after more per month because they charge weekly. Funny how they said it was fine when we moved in then the goalposts changed.

Thanks again!

[PhoenixLaw]

Hi, is anyone able to help at all? Eviction date is next Tuesday.

 

Thank you!!