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billybellfoot

Being evicted made homeless for seeking help with domestic violence

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Hello i require help advice with a housing related issue

 

i was domestically abused by the tenancy holder kn the property we cohabited for over 10 years (21/22 in total)

i requested to take over the tenancy after the safeguardimg team got involved for which I have a crime ref number

 

i contacted the housing assc to explain i am agoraphobic unable to leave due to ill health and was beimg domestically abused by rhe tenamcy holder (my father) who had to leave due to safeguarding issue

 

thos was 8th sep 17 i have since made several requests to pay rent and be granted a tenancy here to set up rent payment etc. I had no choice in abuse and was unable to leave due to ill health some related to abuse of 30 years and ahoraphobia 10+ years

 

ive been unab.e to escape i sought help when my GP discovered signs of abuse

 

during home visit first responders told me a sjpport worker and councillimg and assesments for my known violent father were not in budget and tjat i should cope wirh abuse a little longer until my dad died

 

this lack of help lead to safeguardimg then housing issues.

 

I waish to stay as any dom abuse victim (non tenant) in same situation are granted tenamcy in these situations

 

i payed my rent up to termination amd made every effort to continue to do so while i sought help for dom abuse its effects and my existing mental and physical health issues and get help to locate and identify a suitable property to move to in a structured safe way rather than in a crisis and incurrrimg court costs etc adding tonmy mental health issues and suicidal feelings.

 

I can provide any info needed to assist, crime ref evidence of lack of help prrof of payment and requests for tenancy dated etc.

 

I hope u can help as im very desperate court hearing in weeks.

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Your post is a little garbled and difficult to understand. Are you able to proof read it and break it into coherent sentences and paragraphs?

 

Then the experts will be able to clearly understand your predicament and offer advice....

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I agree that your post is very difficult to read. I have tidied it up a bit and I hope it now makes more sense and is easier for others to navigate.

 

However, in your future posts, please could you try to space and punctuate your text. It is very difficult for people to follow when it is all one lump of text and it discourages people from helping.


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Yes i apologise my mental health not great given current situation.

 

The current place i live is a home i shared with my father (tenancy holder) who was abusive 30 years.

 

i sought help for this abuse via GP during home visit when she saw signs of abuse, she contacted crisis team as i was being abused but that i had no way to leave.

 

However i was told by first responders (crisis team) that i needed a support worker councilling for abuse assessments of my father but that they where not in the budget.

 

i asked what i was meant to do and was told to wait for my dad to die for abuse to cease and left to cope with it

 

I continued to ask for help up to july last year when the safeguarding incident happened for which i have a crime ref number and the safeguarding team involvement caused my father to leave

 

following this i requested to take over tenancy of the property as due to ill health (agoraphobia and physical issues) i could not leave and sighted reasons of domestic abuse this request was ignored in september 17.

 

my father was not allowed to return to property for my safety and left to seek alternative accommodation so had to give up tenancy to take a new one on this was months after my request to take over tenancy due to medical reasons and domestic abuse. However im told i cant as notice to quit was already handed in so mynfather could not transfer this was nov/dec 17

 

However as I explain my request was prior to that notice being handed in by my father i have evidence to support all matters crime ref prrof of lack of help innapropriate actions and lack of care by the teams involved.

 

 

hope that helps explain more

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This is not at all my area of experience but I think that there are some basic actions that you can take to start improving your position. How much of this is in writing? Have you written any letters to anyone? Have they written to you confirming any of the things that you have told us above?

 

I think that we need to start helping you put together a paper trail once you have answered the questions I have just put.

 

Secondly, I think it would be a good idea to send SARs to the abuse team and also to the housing association. When you refer to an abuse team what exactly are you referring to?

 

Have the police been involved at all?

 

You refer to a court hearing but you don't tell us anything about it. Please can you explain what it is, where it is, when it is and what it is about. Thanks


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Hello thanks for reply i appreciate that and the faft you offered to help regardless much appreciated.

 

Most contact via e,mail i didn't want to over load the post and after contactimg the site i was instructed not to share personal info but i can certainly give more detail on the points you raise,

 

i have contacted housing assc to request tenancy date 8 sep 17 i have evidence of this i also have evidence of further contact and requests to pay rent take on tenancy to do so etc.

 

I have also contacted them to complain formally and contacyed ombudsman in case the response is unsatisfatory or in case of no response i contact ombudsman to say so.

 

I have some paper work regarding this including a court date

 

I alos have a email (evidence) that i have been failed/let down by local services incolved last year more than once such as being told to wait for abuser to die rather than provide support condoning abuse dodgy care needs assesments performed and redone etc.

 

Im not sure who SARS is ? Sorry.

 

No sorry a safeguarding team, to clarify first responders NHS crisis team identified need for support worker councilling etc then one month later followed up to say it wasnt in budget and to wait for dad to die.

 

Then safeguarding team was involved where i continued my request of assesmnets for my violent dangerous father and help in areas that had previously been identified support worker councilling etc and made complaint regarding previous team.

 

I have seap advocacy complaint last year and have a final response to thst complaint (unsatisfactory the lady who said wait for dad to die no longer works here?) So is being raised whith ombudsman also.

 

Yes i have a crime ref number for the safeguarding incident in july (however police did not attend the report of dom abuse for 3 months due to a busy summer) yes i know basicslly anything that could go wrong did.

 

Yes the court hearing is to evict me (possession order) 7 march. However as stated i requested tenancy before tenancy ended to take over gave reasons health/abuse and again when notice to quit was handed in and since.

 

Sorry I know its complex its driving me insane.

 

Thanks for your time eforts and any help you can provide

 

Regards

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I'm still trying to untangle the whole story.

 

I'm especially interested to know if there is any written record of the abuse problem. I think this is important and that when you get to the court hearing, you would need to present this. You should give the claimant in the case an opportunity to see this evidence before you provide it to the court.

 

Please read up about SAR – Subject Access Request. Follow the link. This would oblige the various parties to disclose all the personal information they have about you and this might also provide some useful evidence.

 

Are you not entitled to legal aid at all for this?

 

Can you tell me precisely who it is that is applying for the order against you.


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Yes i know what you mean its driving me insane.

 

Yes safeguarding emails and police emails crime ref and reports of assault historic abuse etc

 

So you think send the info to places for people i kind of did in my formal complaint i explained my req of tenancy and on what grounds dom abuse and ill health so its on internal system and that it predates notice to quit.

 

Ok so how do i go about this SAR. who do indirect to etc. I have been shut in abused and suffering from ill health since 18/19 now 33/34 so dont kniw alot about anything outside these four walls. Sorry

 

Yes but this is limited and limits the scope of what they can cant get involved in time they can spend on a case etc.

 

Yes its the places for people homes (housing assc)

 

Thanks again for your help/advice.

 

 

Much appreciated

 

 

Regards

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You haven't told us who is applying for the court order against you.

 

Also, have you got a doctor's report about the abuse you have suffered and the effect on you?


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yes i answered in the order u asked to try to sve confusion.

 

places for people homes (housing associations) is who is taking me to court (possesssion order) to evict me.

 

i have a drs letter for my mental physical issues (which i have sent to places for people) and have seperte info i already mentioned that covers abuse. however GP is reffering for C-ptsd (complex post traumatic stress disorder) which is often caused by systematic abuse over long periods (mine 30 years) with elements of control manipulation financial abuse etc.

 

so i imagine my GP could write covering letter hard to ask them to do that as the current GP isnt the one who saw bruises (she retired just after bruises seen oct 16 she retired xmas 16) but i assume my new GP couls make contact i just meant curent GP isnt the one that sw bruises etc.

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I think it might be an idea to telephone the Bar Pro Bono unit on Monday. They need at least three weeks notice before any hearing date – and obviously you don't have that. You are just out of time. However, I would get things started with them if they can at all help you and it may be that you will need to try and asked for an adjournment of the case.

 

Please can you tell us exactly the name of the claimant. You seem to have referred to them only in very general terms. I'd like the name, address and telephone number.


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Hearing is 7 march? And currently have a legal aid solicitor (does that matter?)

 

Ok how do i do that pro bono? Also do you have more info on the sars matters you mentioned?

 

Oh sorry here,

Places for people homes

PO Box 2070, Preston, PR5 9BY

 

01772 667002

 

Thanks again

 

Yes thats the ones TY i cant post links yet just had to delete whole message thankyou.

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You are telling us that you have a legal aid solicitor? In that case you are being fully represented, not sure whether we can give you any help better than that which you are receiving already.

 

Are you coming to us simply because you're worried or because there is something going wrong in your representation?


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Yes i understand how it may seem that way but as i say i asked for help and she said she was limited in what she could do under the scope of legal aid. And often doesnt reply (prioritising paid cases i imagine).

 

I cant say im not worried of course but more to seek advice and maybe someone else (who isnt prioritising paid case over legal aid case) could offer insight or maybe has knowledge or experience with similar situation etc.

 

Sorry if you feel ive directed this in wrong place/way.

 

Thanks

 

E.g nobody nas mentioned sars for example.

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There is probably not much help we can give you here because you because you are being legally assisted and that is probably going to be better quality. I would only suggest that you make sure that she has got all the evidence of the abuse – including medical reports, police reports et cetera and that she explains to the court how unfair it would be that simply because your father has been excluded from the home that you should then also lose your own home and that in the circumstances it should be reasonable to recommend to the landlords that they give you your own tenancy agreement. I'm not sure that the court has power to force them to do this.

 

Additionally, I would like to your member of Parliament immediately and explain what is happening and the fact that you have been abused by your father to the extent that he has been excluded from the property and because the tenancy was in his name, the landlords who are meant to be a sort of social landlord, are now seeking to evict you – and you need some help.

 

I think that if you could get your member of Parliament involved quickly then the extra publicity would have an effect on the landlord.


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I understand just seeking help where ever i can.

 

Ok i will fire off any evidence i havemt already she will have it mon morning then.

 

Yes it would be very unfair (unbiased view) that a victim of abuse seeks help ends up homeless evicted court costs etc?

 

Yes i contacted my mp he is lookimg into it i believe, but secretary said busy next two weeks when i contacted for update to my initial contacts dec/jan. She phoned crisos team at end of that call to get them to come out to me as she was worried (i got no contact days later still no contact.

 

Yes i do hope something clicks soon as im going out of my mind and agoraphobics worsed nightmare especially with severe anxiety cptsd and incontinence and bowel issues. Im at my witts end.

 

 

Thanks for taking tne time to help me today. Very much appreciated thank you

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Contact the MP again on Monday and tell them that you are now desperate because the court case is coming up in two weeks time.

 

Maybe your solicitor considers that she has enough information and doesn't need the results of an SAR.


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By the way, can you tell us if the abuse was only violence or if there was any sexual abuse as well?


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As far as i can say i know for sure, dom abuse conditioning control financial abuse physical and mental non sexual although some of the abuse particularly verbal sometimes had sexual element to the verbal abuse.

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Just saw the other message, i contacted last week but will try to contact monday, i have visits Monday which will be very stressfull but i will attempt to do this again and push the issue last week she said they busy and aaaiting a response from council. So she wont be please with Me.

 

Yes maybe the case as I've not heard of sars before and nobody has mentioned it.

 

 

Thanks again

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Hi billybellfoot

 

I am really sorry to hear the predicament you now find yourself in.

 

Could you please clarify the following:

 

1. What type of Tenancy Agreement did Father have with Housing Association?

 

2. Are you named on that Tenancy Agreement?

 

3. Father had to leave due to safeguarding but did they surrender Tenancy of Property back to Housing Asociation? (if not they are still legally the Tenancy Holder)

 

4. Are the Housing Association fully aware of your issues and safeguarding before the eviction threat?

 

5. I understand you are getting legal aid assistance and the eviction at court date is 7th March but what written notice did the Housing Association give before issuing court proceeding and I assume you got the court documents?

 

As Bankfodder has pointed out get a SAR into the Housing Association but also write to the Housing Association and specifically title your letter 'Formal Complaint' and ask for the following.

 

You require copies of the following:

 

1. Complaints Policy (not the leaflet which is a shortened version of the actual policy)

2. Customer Care Policy (not the leaflet which is a shortened version of the actual policy)

3. Domestic Abuse Policy (not the leaflet which is a shortened version of the actual policy)

4. Equality and Diversity Policy (not the leaflet which is a shortened version of the actual policy)

5. Eviction Policy (not the leaflet which is a shortened version of the actual policy)

 

Also have a look at this Shelter link: https://england.shelter.org.uk/housing_advice/eviction

I would also give them a call and see what they say as well.


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hello stu and thanks for reply and concerns.

 

i have not seen tenancy and know nothing of this sorry (however my neighbour identical property same block was given tenancy at 15 not legally allowed to succeed and single male in a 2 bed when his mum abandoned him). same housing associations landlord and same properties tenancy would be same.

 

i was not named as with the case i just gave above i moved in at 12 so wouldnt of been allowed to be on tenancy. however i did pay rent and and name as a non dependant was on bills etc.

father was made to leave safeguarding issue sought a prooerty else where then handed in notice to quit in.nov/dec 2017 (i requested tenancy on grounds of dom abuse and ill health in september 2 months prior)

 

yes teams involved also requested permission to stay prior and during notice period and beyond up to date, due in part to xmas period nobody available.

 

no there was a notice to wuit period but no doccuments served as yet however i am aware there are some (housing officer) and date is 7th march.

 

i am not certain on the sar procedure? however i did lodge formal complaint used a template letter given to me.by ombudsman of which places for people are a member. the ombudsman suggested insend that complaint and if no response or inadequate reaponse they will look at it but must do complaint first which i have done.

 

so how do i request those things you list? just email and request them?

 

i was in contact with shelter from.july/aug last year tjeybare ones wjonsuggestedni write to request tenancy handover and also suhgested i sight domestic absue and health reasons.

 

many thanks for your help and advice much apreciated

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BBF check your spelling before post

lots of your post have mistakes that even I cant correct/understand

send them an sar its a 100% MUSt

click sar.

 

dx


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Hi

 

As for the SAR

 

what I said to ask for simply write to housing association and refer to your formal complaint dated XX/XX/2018 further to this you also require the following:

(put the list here)

 

Just to clarify to date you have recieved no written notice of eviction nor court documents for eviction it is only a Housing Officer (possible visit) date for 7th March? could you please confirm this is correct.

 

Do please get back in contact with Shelter and update them on whats is now happening

 

Now the Housing Ombudsman the reason they have told you to complaint to the Housing Association is they will not deal with a comlaint until you have fully exhausted the Housing Associations Complaints Procedure then if still unhappy with final response off to Ombudsman.


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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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