money removed from rent account

[bazza-a]

Hi, sorry if I'm in the wrong forum but it all stems from a rent debt 

 

in April this year I was £1500 in arrears with wandle housing association, I cleared this and was in credit before it came to court,

I didn't realise the case was withdrawn until I used the duty solicitor on the day as wandle didn't inform me,

 

since then wandle have removed £325.00 from my rent account to pay the court costs, again without getting  in touch with me,

just wondered if this is legal as I  paid this money to my rent account which should have nothing to do with anything else, 

thanks

Barry

[dx100uk]

before it came to court?

what court?

they took you to county court for rent arears - via an N1 CCJ claimform or they issued eviction via a section 21 notice?

 

[bazza-a]

hi as I  said, it didn't get to county court the housing association withdrew the action as I'd repaid the arrears, my question concerns whether it's legal to remove money from my rent account to pay the court fees which all housing association's and councils charge, (possession order under ground 10 and ground 11) 

thanks

Barry

[stu007]

Hi bazza-a

 

So the Housing Association were taking you to court for the Rent Arrears to obtain a Possession Order for the Property under Grounds 10 & 11.

 

For then to take this action they have to follow a strict process and yes there will be Legal Fees involved  on their side during this process even though they have withdrawn the Case from the Court.

 

What is wrong is the Housing Association should have:

 

1. Informed you that they had Withdrawn the Case from Court.

2. Informed you that they had Legal Fess of £325.00 which they will recoup from your Rent Account.

3. What action they may take if you fall into rent Arears again. (the reason I say this is they have only withdrawn the case and if you get into rent arrears again they can go straight for the possession order to the court so you need then to clarify this)

 

I think you need to make a Formal Complaint and title it as such to them and you need clarification on the above and copies of the following:

 

Customer Service/Charter Policy (not the leaflet)

Rent & Service Charge Policy (not the leaflet)

Rent Arrears Policy (not the leaflet)

 

Also if you have not done so I would send the Housing Association a Subject Access Request specifically asking for ALL DATA that little phrase covers whatever format they hold that data in whether it be email, written, phone calls etc. They then have 30 calendar day to respond only once they have acknowledged receipt of your SAR Request and dont mess about asking to prove ID which can extend the time limit.

 

A Subject Access Request in now Free so no cost involved

 

 

[bazza-a]

Hi thanks for the reply, I  did realise there would be costs of £325.00 and I  made an offer of this at £5 per (20 per month) this is an extract from an email from my housing officer 

 

"hi olivia

this is from 30th March at 14.43, well it is showing on my main rent account and I will be formally complaining about it

sincerely

barry"

 

"Dear Mr XXXXXX,

 

Thank you for your email, I have attached rent statement from 1^st September 2020 for your kind attention. On the rent statement it shows a bulk payment of £1,472.96, that is inclusive of the £800.00 you paid on that day.

 

Secondly the court cost of £325 does not show on your main rent account, a sub-account is created for that. I look forward to hearing from you soon.

 

I hope this answers all your queries.

 

Kind Regards

 

Olivia Abroampa

Income Officer   Tel: 0300 2000 120 www.wandle.com

"

also what is a Subject access request and what would it be concerning, sorry just a bit confused, also I  wasn't informed they'd taken the money from my rent account it's only when I went online and noticed I was again heading for arrears, I was only in advance as I was starting a new job and wasn't sure when I'd be paid and wanted to avoid getting in arrears

many thanks

Barr

[stu007]

Hi to answer your last question first on a Subject Access Request (SAR) this helps you to obtain all the Information/Data no matter what format they hold it in. This will assist you  to see what actions the Housing Association took as well during this process.

 

Something is also conflicting as you state this £325 is showing in your Rent Account but their response is stating this £325 is showing in a sub-account. 

 

If what you state is correct make sure and take a screenshot of your rent account with that showing so you have proof just in case they decide to amend anything since you raised this.

 

Do Not play letter/email tennis with them make the Formal Complaint and title it as such and point out the above that you state it's showing in your rent account but XXX state in response dated XX/XX/2021 it is not showing in your rent account but showing in a sub-account and due to this you require full clarification as to this supposed sub-account and where you can access this sub account and why you to date have never been informed of this.

 

Also do what I said in my previous post.

 

I have also edited your last post to remove a part of your name so you remain anonymous on the forum

[bazza-a]

sorry Stu, should have made it clearer, the email mentioning the sub account was a while before they removed the money from my rent account,

this is from 06/08, after they removed the money

 

"Thank you for your email, pertaining to court cost, it is the tenant’s cost to bear once the matter is referred to court and this was clearly stated in all our letters that was sent to you before you received the court hearing documents from Wandle and the Courts. Even though you cleared the arrears, you are still liable for the court cost and that is the evidence we gave to the court duty solicitor advising of this. A separate account was created however when a credit becomes available on the main rent account this is debited for any sub accounts that has any arrears on there, if this is not done, anytime you fall behind in your rent account Wandle can reactivate the court case within 12 months without serving you another Notice of Seeking Possession documents due to the court cost on your account."

this wasn't said when the sub account was mentioned in the previous email, I  will be starting a formal complain this evening

thanks (again)

Barry 

 

 

[stu007]

Hi

 

No Problem so you are fully aware of these costs but the sub-account is a different matter and you are aware of what can happen if you fall into arrears again they can go straight to court and reactivate the action.

 

I assume from what you posted you have already made a Formal Complaint on this? please correct me if I am wrong

 

If you have make sure to ask for the policies that I mentioned in post#4 and do make sure and send them a Subject Access Request asking for ALL DATA

[bazza-a]

Hi Stu

yes I lodged the complaint yesterday evening, heres a copy of what I said (probably not the best)

 

Barry Bullard
address removed 
I wish to make a formal complaint about the following :-
1 On 26/07/2021 Wandle housing were taking me to court over rent arrears  however, the case was withdrawn as all rent was paid, I’m  not sure when it was withdrawn as the person didn’t contact me to inform me of this, this caused me ongoing stress and time wasted seeking legal advice.
2 Court Fees
I realised I  would incur court fees, however my housing officer decided to take these fees from the money I’d paid into my rent account, at that time I  was £410.56 in credit, the reason I  was in credit was because I’d just started a new job and wasn’t sure when I’d be paid, also my housing officer (Olivia Abroampa) didn’t inform me about the removal of this money and I wouldn’t have realised unless I checked my rent statement, this money was removed on 22/07/2021, before the court case was due to be heard, this is an excerpt from an email from Ms Abroampa on 30/03/221, 
Secondly the court cost of £325 does not show on your main rent account, a sub-account is created for that. I look forward to hearing from you soon.
 
I hope this answers all your queries.
 
Kind Regards
 
Olivia Abroampa
Income Officer

I’ve never seen a sub account on my rent statements so I’d like full clarification of this sub account 
I  would also like
Customer Service/Charter Policy (not the leaflet)
Rent & Service Charge Policy (not the leaflet)
Rent Arrears Policy (not the leaflet)
 

I also require an
SUBJECT ACCESS REQUEST (containing all data)

Yours sincerely
Barry Bullard 

[stu007]

Hi 

Just thought I would pop in to see how this is going?

 

in your last post you mention you asked then for a Subject Access Request. (this should have been done seperately and you really should have check the Housing Associations website as they may have this form for download to fill in and send back to them, bearin mind no matter what there form states when you fill it in to always specifically ask for 'ALL DATA')

[bazza-a]

hi Stu haven't heard anything yet, I'm going to send a separate printed subject access request

cheers

Barry