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    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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we have been bidding on properties for over 3 years with this housing association, but in band d, after having shelter involved as environmental health say out property is not safe to live in.

 

Shelter sent the reports and our sons report about his disabilities, we have been bidding with no problems for 3 years, then all of a sudden i couldn't log on to there system, after calling them, i was told the application was deleted due to rent arrears on a old property, of which we had paid off, but still want 1500 in charges from us!!

 

i not happy, Environmental health have said this house is not safe, but the local housing is run by this housing association, who have now told us we can no longer bid or be with us.

 

I've asked why they have done this after shelter got involved! they are refusing to answer us.

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you will need to explain a little more about these £1500 charges and how the HA got wind of them. You may have to send a SAR to several places to get to the bottom of it unless you can show the charges unlawfully or improperly applied.

Keep on at Shelter and send a formal complaint to the trustees of the HA, preferably to their home addresses as the mail sent via the office always gets intercepted.

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Hi stuggling

 

I do hope what you were told during that call was also put in writing to you by the HA.

 

Now you mention rent arrears for an old property (do you know the dates are they correct?)

 

You also mention £1500 in charges (or rent) for what dates?

 

Formal Complaint time to the Housing Association (from now all communication should be in writing only ensuring to keep copies of all letters and get free proof of posting from post office)

 

Title the letter Formal Complaint and in the letter refer to both the rent arrears for the old property and the £1500 Charges and that you require copies of the following:

 

1. Complaints Policy.

2. Customer Care Standards/Policy.

3. Full Rent Statement copies from XX/XX/XXXX to XX/XX/XXXX the Rent Arrears claimed for old property.

4. Copies of the letters sent by HA to tenant of a rent arrears issue.

5. Full Statements of the £1500 charges.

6. Rent and Service Charge Policy.

7. Allocations Policy.

8. Equality Policy.

 

IMPORTANT follow the Housing Associations complaints procedure to the final stage and once completed if you are still unsatisfied with the outcome/response you can then go to the Housing Ombudsman.

 

Have the HA taken any action at all to rectify the unsafe condition of the property by EVH? (if non I would speak to EVH again).

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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The charges are rent arrears of which I've been paying £10 a week on its less then that now I know it is, it's at least 940,

 

It's a private landlord we rent off, HA are sending it in writing and I'm gonna take further.

 

The problem I now have is that EVH need us to move ASAP but this HA run the property's for our local council! So they won't help!

 

I'm at a loss what to do, we can't move out of area or it means me losing my job and children moving school, not easy with an ASD Child

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Hi stuggling

 

So you were previously in a housing association property before renting privately but still have rent arrears for the previous HA property which is being paid off. (If I am wrong please correct me)

 

What make this difficult is 2 areas.

 

1. You are no longer a Tenant of the Housing Association.

2. You are renting Privately from a Private Landlord.

 

Sorry to ask but are you fully up to date with the private landlords rent?

 

Did you end your Tenancy with the Housing Association as per there Termination process?

 

You need to challenge the arrears amounts as I mentioned in post#3 but it seems that they are now using the arrears against you to stop you being able to bid on properties

(I am surprised with rent arrears that you were allowed to bid on HA properties for the length of time mentioned and they only pick it up now one word is coming to mind "Maladministration" but you need the evidence by doing what i suggested)

 

Is your deposit protected?

 

Has the Private Landlord taken any action to rectify what EVH have picked up?

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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No missed payments,

 

We left HA as we got offered a house near family, with an a child with ASD and both of us working full time at the time it was a huge help.

 

We are fully upto date with current landlord didn't pay a deposit just 8 weeks rent in advance .

 

All the landlord has done is measure Windows 2 weeks ago! EVH says the kitchen is in urgent need of repair!

 

We asked HA, why now but they won't give a reason just tell me I can go back on the list in a year

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  • 2 weeks later...

A Health and Welfare assessment was carried out on the 18th March 2016 and as part of this the application was reviewed and it was noted that in April 2015 the applicant had declared that they owed rent arrears from a former tenancy at , which ended on 08.01.12.

 

I have investigated the three rent accounts for this property and would advise you that there are former tenant arrears amounting to £3163.61. These amounts are made up of rent arrears of £1662.51, property recharges of £1401.00 and court costs of £100.00. I am aware that Miss & Mr were in dispute over the rechargeable arrears however payments were made on the rent arrears account as recently as January 2015.

 

Cont/………..

 

 

 

 

 

Section 3.2.4 of the current Property Pool Plus policy states;

 

3.2.4 Housing related debt

3.2.4.1 Housing related debts owed to a landlord equivalent to 8 weeks gross rent or greater will lead to a new or already registered application being disqualified from the Scheme. The application will be disqualified until such time as the applicant can provide evidence of having adhered to a repayment plan for a minimum of 52 weeks or having reduced the debt to below the equivalent of 8 weeks gross rent.

 

In order to become eligible to register on the scheme Miss & Mr will be required to reduce the outstanding debt to below 8 weeks gross rent (£669.04) or make a repayment plan and adhere to payments for 52 weeks. They will then be awarded a Band F (reduced preference) priority. Alternatively if they reduce the outstanding amount to below (£334.52) and they will be awarded a band award dependent on their circumstances at that time, at which point we would carry out a further Health & Welfare assessment.

 

 

The response, thing is I refuse to pay the 1401 as they won't give a breakdown as to what it's for! I've asked and asked it nothing, I was paying £10 pw till they demanded more

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