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    • Thanks DX.  I've ploughed through the pages and dug out what I feel are the relevant ones. Obviously, some of these are duplicates of what I've put up before.  Anyway, I would be hugely grateful if someone can look over and advise. Reading though other posts and on other cases that I've had help with from here, I don't think they have much of a case - given the weakness of much of their "evidence" - but obviously I would be grateful for some expert advice from the helpful souls on here.    Thank you.    B   Witness Oct19_redacted.pdf
    • You came here for advice, soem advice has been given adn you question the validity and source of that advice. We are all lay peopele, ie not giving professional advice but it is based on experience of the world and in some cases working in the field that advice is given on. Now you dont have to take our advice, we wont get the huff if you prefer to look elsewhere or do something else. when I asked what you think they would do with your NI number it is to prod you to think for yourself and question why they would ask for this when there is nothing legal they can do with the information so wouild you be wnating to give it to them knowing that they would want it to break the law if they processed it. Now you can take that up with the company at the top but TBH unless you want to spend money on a lawyer they will not answer the question or fob you off with some ridiculous answer anyway.   so for the moment read a lot about  RLP and similar situations to yours ans make particular note of what happened to the peopel in the end. You will find no threads theat ended by saying " thanks to you I gor sued by RLP and owe them a fortune". It isnt going to happen and the reasons why are explained in many threads. They rely on your feeling of guilt to get anywhere
    • you need to respond to their letter saying that you belive that you ahve been paid correctly ( or underpaid if you are due a small amount of accrued holiday pay etc) and demand that they show a full account of what you received, when and why and how they arrived at this figure. You then reconcile that with your P45 and use the figures to bat off any furhter demands if they still akke one. Come back if they dotn drop the matter and give us the full breakdown on hours worked, hourly rate, gross pay, tax paid  etc
    • @dx100ukI never got a response to my SAR from Octopus.   But I have just received a 'letter before court action' from one of their legal representatives, who have been "instructed to consider legal action against [me] if full payment, a settlement or your proposals to make suitable repayments arrangements are not received in the next 30 days."   I'm reading the threads now. Any advice on how to proceed? 
    • I would say let them do their worst, it will surely backfire on them. Now with restrictive contracts that stop you working fro competitors- these are notoriously vague so often not worth the paper they are written on. also they have to be fair so for example if there are only 2 companies in the UK that make a certain product your employer cant say you arent allowed to work for the other one. If you were for example trained as a hairdersser and you were going to open a salon in the next street to your ex employer then the restriction would apply if worded correctly. Dont panic about this, your new employer will be au fait with the situation and time spent worrying about a nastly letter will in their eyes take you eye off the ball so concentrate on the new job.
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Magpiemaggie

Local authority eviction - scotland

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Hi,

New here and hoping someone can help.

 

i have an assured tenancy with my local council.

I have been in the property for eight years.

 

When my daughter left school two years ago I informed the council that she would be a full time student after the summer.

Two months later I got a letter stating that there is an overpayment of housing benefit due to non dependent for summer months.

My daughter did not work/claim benefits during the summer as she was too ill to do so.

 

I questioned the overpayment of housing benefit as they were informed weeks before my daughter left school and told them that it’s their mistake ‘technical error’ that HB was overpaid.

 

i then got notice in nov 2017 that they would be seeking a court order for possession of the property.

They claim rent arrears of £123.

 

I repeated my stance on the matter that this is the fault of the council and that current housing guidelines state that overpayment of HB cannot be treated the same way as rent arrears I.e. they cannot evict.

 

the council ignored this and continued to send letters/turn up at my door etc.

 

I then got court papers for eviction proceedings for the about of £563.

This amount included the first summers non dependant rent plus the summer of 2018.

 

I pointed out to the council again that felt I did not owe for summer 2017 and summer 2018 was null and void as daughter was on a two year Full time course and therefore classed as a full time student.

 

I filled in the court papers saying I was defending the case and stating my reasons why, I also stated the amount claimed owed was wrong as the council was claiming my daughter was not a full time student.

 

I also put in a counter claim for the state of the property; mould caused by roof not being fixed by council etc. + harassment, the council hounded me + maladministration.

 

i could not attend court on the date of the hearing as I was receiving treatment for cancer,

the council were informed of my cancer diagnosis 3 months before the court case but didn’t stop them from hounding me.

I asked and received a sist from the court on these grounds but have yet to get a letter from the court confirming this.

 

i was rudely woken yesterday morning by someone battering my door,

by the time I got up and went downstairs they were gone but a postcard on the mat showed it was a rent officer from the council.

 

i called this morning to ask what was so important that they had to wake me up on a Sunday morning for = rent arrears

 

it appears the court sent back the court case for the council to investigate,

they now state that they have removed over £400 in rent arrears from my account as they made a mistake,

so the amount owed is now £300 and they want a payment plan from me.

 

i asked why were they dealing with this when it is a live court case, I told them I will still be defending my case etc.

 

sorry for the long story but I’m trying to find out if their court paperwork is still valid, giving that they now concede it states the wrong amount owed?

 

i also need to know if I can ask for another sist given that I have not been informed by the court of the next hearing date and 7 days notice is not enough time for me to prepare my case.

Edited by dx100uk
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I've moved your thread to p'haps a better suited forum.

 

can you not ring the sheriffs clerk and ask what is going on with the claim, and that the claimant has now revised its amount?

typically in most Scottish courts there are reps from various charities that help on all council rent cases for free

which court is this please?

 

they could have represented you in your absence on your last hearing esp as its such a small sum, now ever smaller, and you are going thru cancer treatment.

are the council aware of this?


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Thank you for your response.

I did see CAB advisor before my cancer diagnosis, at that time council claimed I owe £120, CAB advisor just laughed, said it was no big deal and was far more interested in the fact that I had been sanctioned by DWP for three years.

 

of course after my cancer diagnosis I was in no fit state to see to anything,

I informed the council months before they took court action,

I also informed my MP and local councillor.

 

i submitted written evidence to the court asking for an extension as I was receiving radiotherapy at the time and couldn’t attend.

I finished radiotherapy two weeks ago.

 

cant say I’m 100% and have further oncology appointments in the weeks ahead.

The case is to be heard in Hamilton but it’s not at the sherif court and I handed back all the paperwork to the court so I don’t know who to phone or what the case number even is.

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worth a read

https://scotslawthoughts.wordpress.com/tag/hamilton-sheriff-court/

 

I suggest you get in contact with the court ASAP.

find out what is still on the cards.

you should be retaining paperwork not handing it all back.

 

get back onto CAB too

they will help you.


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Hi thought I’d give an update in case anyone else is in the same position.

i went to court and contested the action. The court rep came to me after the initial hearing to offer his service. 

I now have the arrears written off against the state of the property mould etc.

and now have a repairs plan in place to bring the property up to an acceptable state. 

 

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well done!

can we mark this as resolved now?

 

glad to help

 

dx

 


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