Urgent advice needed PLS.

[Aburo200]

Good morning all,

 

Have been living in a Housing Association on a short hold tenancy agreement since 2011 and experienced financial difficulties in 2013. All of 2013 I was only able to get contract/temp jobs which resulted in me falling behind on rent. Entered repayment plan with HA september 2013 but after 5 months defaulted again due to unemployment. I made small payments adhoc and recently started another full time job which I informed HA about but all fall on deaf ears. They dont want to enter any agreements and as of 11th April sent a notice of repossession which I never received but was told it was sent.

What can I do now? I'm very scared at this point as the Officers at my HA refuse to liase with me and the only advice I get is to speak to CAB.

By the way...all conversations have been over the phone.

Edited June 6, 2014 by Aburo200
Forgot information

[rebel11]

Hi ABURO200

 

Welcome to CAG

 

The guys will advise as soon as they are available.

Thread moved to correct forum.

[fletch70]

Just a quick question

Have you been able to apply for HB during your time of unemployment?

 

What reasons are they giving for repossession, is it for rent arrears ?

 

I thought that in general HA tenancies are starter tenancies for the first 12 months then changed to safer tenancies after that

 

Have you been in touch with Shelter ?

[raydetinu]

defo contact shelter, and get confirmation of any court claim or S8 notice in writing from the HA.

[Aburo200]

thank you for your replies fletch 70 and raydetinu.

I never applied for HB during unemployment but received a loan from family and also used my emergency savings but It wasn't enough.

I believe their reason for repossession is rent arrears but not too certain as I didn't receive the letter they sent out on April 11th. I contacted shelter this morning and was referred to another legal advice agency. I spoke to a legal advisor and she said she has dealt with my housing association before and would speak to them. however we got cut off and now I have to wait until Monday to speak with her again.

I also rang my HA and was told the notice of repossession was sent April 11 but when I called back again I was told it was sent September last year. September was the first time I entered a payment plan with them and I stuck to it until February/March before I defaulted. Are they saying that my notice has been going on since September? I'm so confused and worried.

[fletch70]

If you are not working or on a low income you really must apply for all the benefits you can. If you can get the regular payments sorted and assuming that the order has not already been made then hopefully all will be ok.

 

Often I believe they will send out notices at the start of a plan to protect themselves but only act on it if they need to.

 

Good luck

[Aburo200]

how do I go about getting confirmation of any court order or S8 notice. Any templates or will a simple letter suffice?

[mariner51]

Write letter/email to HA, requesting copy of all correspondence sent sinceJan 2013 pertaining to yout T and a copy of your rent statement for full period of tenancy.

Even if s8 or Court repo Order was lost in post, they could rely on Interpretion Act for 'deemed service'.

If the repayment plan was Court approved, they can prob move straight to bailiff eviction.

Where is your HA property?

Shelter advises all rent is a priority debt

[mariner51]

Write letter/email to HA, requesting copy of all correspondence sent sinceJan 2013 pertaining to yout T and a copy of your rent statement for full period of tenancy.

Even if s8 or Court repo Order was lost in post, they could rely on Interpretion Act for 'deemed service'.

If the repayment plan was Court approved, they can prob move straight to bailiff eviction.

Where is your HA property?

Shelter advises all rent is a priority debt

[Aburo200]

Write letter/email to HA, requesting copy of all correspondence sent sinceJan 2013 pertaining to yout T and a copy of your rent statement for full period of tenancy.

Even if s8 or Court repo Order was lost in post, they could rely on Interpretion Act for 'deemed service'.

If the repayment plan was Court approved, they can prob move straight to bailiff eviction.

Where is your HA property?

Shelter advises all rent is a priority debt

 

thank you. My HA is in London. At the moment they are not interested in anything I have to say and refused to agree on a repayment plan. They urged me to get advice from CAB, clear my arrears in full and act fast.

[raydetinu]

they cant evict you without a court order, you need to get confirmation if they have applied for one.

you must try to clear any debt for rent asap and try to get it under two months owing.

Your shelter legal eagle will help no doubt.

[Aburo200]

Hi everyone

Quick update: After all the back anf forth between shelter and my HA, I decided to just let go and move in back with a family friend until i can secure a permanent job. This situation has caused me anxiety and sleepless nights as my HA refuses to agree on any payment plan-seems they just want me out.

I have asked the lady at shelter whether my HA would agree on a payment plan to clear the arrears once i move out but she said she cant advice me on that for now as she is not sure.

 

Does anyone here have any advice on what to do next? I plan on writing an email to my Housing officer to let her know that I will be moving out and ready to hand over my keys.

[raydetinu]

before you can agree any payment plan you must sort out what you can afford; do an income/expenditure sheet ( one on here somewhere ) or get from CAB.

If you know the debt, suggest you contact CAB they will negotiate with the HA or advise you once you have got your finances sorted.

You could wait and go to court when they apply for an eviction order and judge will impose repayment plan ( hopefully? ).

[Aburo200]

Thanks for that! My debt at the moment is a little over 2k which is 3 months rent. Next rent is due on the 1st of August so I want to come to an agreement with the HA before then. I will send an income/expenditure sheet recorded delivery tomorrow. It is very difficult to get an appointment with my local CAB; I hope with the help on this forum I can sort it out.

 

Is there any other document I should add to my expenditure sheet. Thanks for your help.

[mariner51]

Somhow much of £2K+ arrears do you intend offering as repayment plam? Weekly or monthly?

HA has no resp to agree repayment plan with you. Money is owed and due in full on demand.

Indeed, they are basr advised to let Court agree repayment plan, then as soon as you miss one payment, full amount becomes due without further Court claim.