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    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
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Council tax for new home with possession order for old home


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Hi all im looking for advice when it comes to council tax liability for a new home if an eviction is started for our old home but then suspended due to court error and pandemic causes further delay in proceedings.

 

The short story is i'm a disabled carer getting legacy ESA and carers allowance who has lived in his own home for nearly 20 years with mortgage as leaseholder. (SMI loan helps with mortgage interest). Also terrified of the UC migration that a change of circumstance will cause so dragging my feet tbh.

 

Just before the Pandemic the freeholder of our "old home" obtained a dubious possession order and we received notice of eviction before the pandemic so signed a tenancy for a "new home" that we where grateful to be accepted for in a new local authority district. As a result we stopped paying the bit of mortgage interest we needed to pay in our old home in favour of paying the rent for the new home out of our own pocket but before we could move into the new home proper and tell the DWP about a change of circumstance to get the rent paid (natural migration to UC?) the pandemic locked us in our old home!

 

Now we still haven't moved because the possession order was set aside when the courts re opend post first lockdown because of court error but possession proceedings are still ongoing with the added bonus the mortgage company is now involved and there legal fee's alone have been added to our mortgage balance effectively consuming all equity that was left in the property, thus our long term plan to sell, settle debts and move into rental is destroyed. 

 

The new home awaits us and we spend a couple of days a week there, we have been able to put cheapest carpets in and blinds and moved some stuff in. We pay the rent out of our small income for security to avoid homelessness but we cant abandon the old home yet because thats likely a bankruptcy for certain if we just hand it to the mortgage company..

 

Believe it or not this is still a council tax question because the council where the new home is want there council tax and have demanded hundreds but obv we cant claim CTR yet as we havent formally had a change of circumstance due to the delay in eviction and im not sure they will like whay i have to tell them.

 

 So the primary question is will the council be able or even willing to reduce or cancel the liability for the new home under these circumstances until we actually get evicted formally from the old home?

 

I think when you have title to a property you cant claim help with rent on another property and rightly so even in times like this...

 

We also worried about losing the new flat because being housing association we supposed to live there as our main home but have been delayed moving as described, its pretty certain we are getting evicted in the new year one way or another then insolvency might follow that depending how it occures we are just trying to find a path to avoid insolvency, benefit fraud and homelessness and deal with the council tax in the new home to! Not a small task during a pandemic! Its a tricky customer this any help welcome...

 

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