Jump to content


  • Tweets

  • Posts

    • Thing is, how do you prove a conversation  
    • So I have gone through the two CCA documents, scanned them, transferred them into PDF's but am still unable to attach them as they are too big.   So I have to give up on attaching the docs.  One is 6.73 MB, one is 5.86 MB and the other is 24.3 MB.  I am not technically minded and find it frustrating that I cannot attach them given the fact it's taken me hours to try to undertake this task, neither do I know how to reduce them, also I don't really have much spare time to get my head around tech issues.   Anyway, my elderly friend is getting more and more upset due to the high pressure of harassment he is experiencing from the two creditors in the way of tree loads of letters and daily phone calls - the calls are blocked, but I looked at his phone and one day he had 22 phone calls.    He does have mental health issues and is due to see his Mental Health provider next month.  B/Card have sent him a form and asked him to ask his psychiatrist if he will complete it.  I've had a look at this form 'Debt and Mental Health Evidence Form' and if he can get it completed it can be copied and sent to all creditors along with an I/E form, then B/Card have said they will decide what direction they will take.  The Evidence Form is not specific to any particular creditor which is great if he can get it completed.   Bearing in mind, his appointment is not until mid December, then we have Christmas and New Year, I don't think the Evidence Form and I/E will get looked at until the New Year.  I have got time before Christmas to help him complete an Income and Expenditure form, or I can ask the family to help him out, but they are more 'hands on' with dealing with his disabilities, medication and health complications, so I don't mind spending a couple of hours going through an I/E with him, also he tends to open up to me more than his family.   Should I help him complete an I/E and send it to his two creditors, or should he wait and send the Evidence Form and I/E together.  I personally think it's better to send them both together, but it's the threatening letters he keeps receiving and phone calls which are making his mental health worse.  I do my best to reassure him and would welcome opinions on what I have suggested in this post.   Thanks for all your advice.    
    • should have done that a month ago.   dx  
    • Thank you for your response BankFodder.   First of all her employer is a care home and she is a Part Time Carer.  I do not know what the company is called but would prefer not to publish it here even if I knew.   Having read through the link you provided I would tend to agree with your opinion regarding the Estoppel standard of proof especially as she is getting 50% more than she should of been expecting.  Having said that she has had this from the very start and knowing her as I do it is possible she thought this was her monthly wages!    In her everyday life she goes from hand to mouth so there is no improvement in lifestyle unless you consider her absence from Foodbanks an improvement!   I think the solution is for her to repay at the low figure that seems to be in place but to disregard the contract requiring her to pay it back before or on leaving.  Should she give notice and work four weeks how can we stop them from witholding her last months wages?    
    • Hey,   so just received an email from CRS. Saying I have to prove I cancelled...yawn. Bearing in mind this is way over a month ago I sent them a letter! shall I just block them now? Not even respond?   this is regarding gymetc and I joined their gym online...   thanks!
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 762 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi,

 

I don't know if I'm posting this in the right place but I need help.

 

My daughters boyfriend has just received an eviction notice, stating the eviction will take pkace a week on Thursday. I'm currently sketchy on the details but it's all due to problems with housing benefits etc.

 

Hes had a nightmare of a couple f years, he was persuaded to take a 16 hour a week job because he was on DLA and could claim working tax credits, he also kept his housing benefit. He then lost his claim to DLA when he had to change to pip and so lost his working tax credits. He also lost his housing benefit but that was reinstated.

 

Currently he has a total income of £120 per week and is supposed to be paying towards his rent as his housing benefit doesn't cover it all.

 

Now he's buried his head in the sand, my daughter had just phoned me to say that he's being evicted and the eviction notice was delivered on Saturday morning.

 

He has tried to contact the council today to see if there is any way he can stop the eviction and they have said no not unless he pays all of the arrears.

I don't know if the amount they are wanting includes all of the costs that will have been added to the debt outstanding.

 

Is there anything at all that can be done to help him keep his home or are we looking at a lost cause?

Share this post


Link to post
Share on other sites

I'm trying to find information, can somebody point me in the right direction for help

Share this post


Link to post
Share on other sites

Ok more information.

 

My daughters boyfriend didn't receive any court order, they didn't lodge a defence or attend the court because there was no knowledge of it, would it be possible to apply to the court to get another hearing?

 

I will post further information as I get it

Share this post


Link to post
Share on other sites

Hi

 

I posted a similar thread in homelessness as I didn't know where to post.

 

I need help if at all possible.

 

My daughters boyfriend rents a flat from the local council. With problems with benefits being stopped and other problems he has run up rent arrears. He does now get housing benefit and pays towards the rent. He works 16 hours a week and has a weekly income of £120. This is the only money he gets per week.

 

On Saturday morning he received an eviction notice for a week on Thursday. He hasn't received anything else. I've asked him about court hearing documents and filing a defence but he's said he didn't receive anything else just the eviction Notice.

 

I haven't the figure of the arrears, but he's been in a mess since his DLA was stopped as he was supposed to transfer to pip and that claim was not allowed and he lost his working tax credits because he no longer got either DLA or pip.

 

I need to know if there is anything at all we can do? Can we try to go back to court to get some kind f arrangement or s it all too late, the problem is is that he will loose his job if he looses his flat and it becomes a nightmare of a situation. I wouldn't see him homeless, but I live 45 miles away from where he works and there is no way for him to get to work for 4 hrs a day if he has to move in with me.

 

Any help or advice would be greatly appreciated,

Share this post


Link to post
Share on other sites

Hi

 

We would really need to know what was written in the eviction notice letter the council sent. (Check this link: https://www.gov.uk/council-housing-association-evictions)

 

Have they had any other previous letter from council about rent arrears?

 

Due to the issues you mention did they let they council housing know of these issues and was a Payment Plan set up to pay arrears? (if a payment plan was set up did they miss any payments?)


How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

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

Share this post


Link to post
Share on other sites

Hi thanks for your reply

 

I'm working semi blind n this matter at the moment, from what I've been told the eviction will take place a week on Thursday, it's all ready been to court although, there were no court papers sent to my daughters boyfriend.

 

I honestly don't know if there was a payment plan set up, from what I've been told he's been paying the part of the rent that he owes weekly

 

I've read the information on the link you sent, I'm going to have to talk to them in the morning, you might be able to tell I can't sleep I'm that worried.

 

Today when they phoned they were told that there was no negotiation now either pay what's owed or they were out.

 

I know the details are sketchy, but it's all I have to work on at the moment until I'm told more.

 

Is there anyway we can get it back to court to see if a repayment plan can be set up? Or is it now too late to do anything

Share this post


Link to post
Share on other sites

Hi

 

I've talked to shelter this morning, and we are going to have to move fast. They said to contact civil legal advice as should be entitled to legal aid and they might be able to help.

 

I still need advice if anyone has any and the civil advice team can't help

Share this post


Link to post
Share on other sites

Hello there. I've flagged your thread for the team to see if anyone can help.

 

I've also merged both your threads into a single one in the repos forum, it's best to keep to one thread per problem.

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites
Hello there. I've flagged your thread for the team to see if anyone can help.

 

I've also merged both your threads into a single one in the repos forum, it's best to keep to one thread per problem.

 

HB

Thanks honeybee

 

I posted again because the first thread wasn't getting any replies.

 

Got a bit of an update

 

I finally managed to get through to my daughters boyfriend that there was a slight chance he might keep his home if he acted fast. He was about to go to work but managed to call the civil legal advice line.

 

The good news is that it looks like he's entitled to legal aid and was passed over to their legal team. They have given him a list of things that they need him to do, they also said because of his low income he should have applied for a disgressionary payment to help with his rent from the council and told him to apply for that now, also he should be able to get help in the form of tax credits and have given him a number to ring yo get help with that.

 

They also said that it was extremely likely that he would be seen by another judge and once he had the information from him they would submit the relevant documents into the court.

 

I' still need help to know what's going to happen, because if I have some idea then I can explain it to him and hopefully get him to actually get what needs to be done done

Share this post


Link to post
Share on other sites

Hi, if the legal representative makes an application to court to have the eviction stopped - it is more than likely they will get it stopped due to the circumstances around his benefits claims/payments. He will have to make an offer to catch up with the arrears payments, but I'm pretty sure he'll be OK.


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

Hi honeybee.

 

The letter was a warrant of eviction, to take place next Thursday

 

I asked if he had the judgement letter from the court or any other documentation and all he's had is the warrant. I haven't seen it yet, but I assume that they are mostly all the same.

Share this post


Link to post
Share on other sites

Hi Ell-enn

 

I'm just worrying that they won't be able to get it stopped, I went through similar 4 years ago and lost my house, but I tried to do it by myself and hopefully this time they might be able to stop it.

 

I'll keep everyone updated

Share this post


Link to post
Share on other sites

I thought I had posted again on here as I'm starting to panic again... I don't know where it's gone but can't see it.

 

Ok, daughters boyfriend contacted the civil legal people, he's done exactly what they have to,d him to do, he's been to see the housing benefit people and has been awarded the disgressionary payment to help with his rent, he's contacted his utility companies, he was and has been paying back a debt owed to them. One is finished in November and one still has at least six months to go. He's talked to his boss to see if there is any way they can increase his hours but was told not at the moment yo that question.

 

Now the reason for my panic, is the papers still haven't been filed with the court. I'm aware the clock is ticking and it's getting very close to deadline midnight. So is there still time to stop this? If it's not stopped will we be able to get back in to get his stuff out after Thursday, or is there any way we can try yo file the papers at court before Thursday and be seen?

 

I did hope I would have more information by now or at least he would have a court date.

Share this post


Link to post
Share on other sites

Has anyone any idea how the civil legal team works?

Share this post


Link to post
Share on other sites

Honey bee it was the phone number given to us by shelter, it's the national helpline

Share this post


Link to post
Share on other sites

They have a court date... 10am tomorrow.

 

The civic legal people didn't get the forms to them in time so the cab helped fill in the forms and they have a time now.

 

Now I'm worried about somebody going in with him, he really doesn't do well in situations like this

Share this post


Link to post
Share on other sites

Is there someone available from CAB to go with him ?


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

He's waiting for cab to call him back, they said they would phone him back today.

 

The hearing time and date was quicker than we expected, they said that this was the only one available before the eviction will take place....

 

I don't know enough to be able to help him though that's the problem.

Share this post


Link to post
Share on other sites

Ok,

 

The cabs been on the phone, they don't send out people to represent them, they are only offering advice. They said that they will email a letter for him to take with him

 

This is bad isn't it

Share this post


Link to post
Share on other sites

Well today didn't go as planned and it's been a total wash out.

 

We couldn't get a suspended possession order and so he needs to be out by Thursday at 1pm

 

It's been a complete cock up from start to finish. He's been paying the difference between his housing benefit about £35 per week religiously, yes he had arrears but thought that he was ok once his housing benefit was restarted. What they failed to tell him was that it wasn't backdated so he had arrears. Also added onto the arrears were all the legal costs etc which made the figures look worse than they were. The judge ignored the fact that the charges pushed up the arrears.

 

She also said that he had no way of affording the rent and that she could see that he was struggling to pay each month and didn't know how he could afford to pay the £35 per week that he's paying now to pay off the arrears as he was awarded the discretionary award that would make up his housing benefit. So the benefits would pay all of his rent and he pay the £35 per week that he was all ready paying

 

She also said that keeping his job was not good enough a reason to let him continue living in a flat that it was blatant that he could not afford.

 

So he's just lost his home and his only form of income in one fair swoop,

Share this post


Link to post
Share on other sites

I'm really sorry to hear that, bs0lth. It sounds as if the judge lottery didn't go his way.

 

Others who know more than me may have suggestions of what he can do now.

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

Hi honey bee

 

The judge didn't want to know, there was the evidence to prove that his total rent was covered until at least April and his payment record showed that he was paying £35 per week religiously. I can't help thinking just how unfair this has been

 

He was talked into taking a part time job, but lost his DLA when it became pip and because of it he lost his housing benefit because it also meant he lost his working tax credit because he was working to few hours to qualify. He was stuck in a part time job that he couldn't quit because he then would have had problems claiming jsa

 

It's been a vicious circle that ended today. What has me worried is that yes he can live here, he's not going to be homeless as such, but I live 45 miles away from where he works so it's going to be impossible for him to get to work, and the bus charges over £10 one way which means he's not going to be able to go to work.

 

Actually, would this be a good enough reason for him to claim jsa again? Or will they see it as intentionally quitting his job?

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...