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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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