Lost Section 21 accelerated possession claim - want help with set aside and counterclaim

[Hunter779]

Ok, I will have to bury my head in the sand for now then regarding the car and the current active visits from bailiffs & HCEOS for other debts. 

 

Yes more than 1/3 of car finance paid for, but possible they could have more recently sent court papers to previous address and I have no knowledge of. My car insurance is with the same company that the car finance is with, so I assume they have my current address.

 

I am more concerned with the immediate current threats and visits regarding other debts. 

 

Yes is a private landlord claiming possession. I was unable to attend the hearing yesterday due to ill health. I filed a N244 asking adjournment and more time. I have not received any correspondence yet from the court as to the outcome of that

[Ethel Street]

39 minutes ago, Hunter779 said:

My car insurance is with the same company that the car finance is with, so I assume they have my current address.

 

Don't assume the loan part of the company knows your current address just because the insurance part of it does

 

They will be different subsidiaries of the company and data protection law usually prevents one subsidiary passing information to another subsidiary without expressly asking your permission.

 

If you want the loan part to know your address write to them and tell them. Don't rely on the insurance part telling them.

[Hunter779]

The car insurance is through a third party broker. My current main priorities are dealing with the current debt collectors visiting the address, and ideally preventing them taking my car and obviously the possession claim.

 

If the finance company were imminently planning to seize the car from current address, then I would have received either a letter, or a visit to address from them.

 

I need to focus on the immediate current threats only, which is challenging enough already

[dx100uk]

check your credit file re the status of the car finance.....what address is it listed against? 

 

listen forget about the bailiffs and the poss implications for your car just keep it on your drive whilst you are not out in it. there are no examples here of a bailiff after a ctax lo nor an hceo after a rent arrears ccj, clamping cars

 

right on to this repo.

 

so what original paperwork did you get and fill in and return to this court? 

is this simply a section 21, and the landlord trying to evict you from his property he rented out to you?

 

why is this an accelerated possession claim.? what makes it special?

 

 

[Hunter779]

I will check credit file when I am able to. Any simple task right now is taking me a long time and I cannot deal right now with checking credit file. I do know it is bad.

 

I believe I have several CCJs and I think default on the car finance happened about 2 years ago. The finance was registered at an address 3-4 home moves ago. I haven't received any correspondence about it for quite a while. I would prefer not to contact them at the moment, because I don't have the time or energy and struggling to cope with more urgent matters. And also don't really want to draw attention to the debt, as it may trigger another immediate visit from another debt collector.

 

If there is any way I can stop the current active visits from HCEO / Bailiff, such as a letter, or applying for restraining order, I would like to do that, as I expect they will be back again soon, and it really is affecting my health very badly and would be a huge weight off my shoulders to stop them somehow, as dealing with the possession and other matters is stressful enough. Any advice appreciated?

 

The possession is a bit of a long story. To sum up, I was served S21 eviction notice solely because I was too ill with Covid and various other physical and mental health conditions to accommodate a property inspection on their demand. There is also a lot more to the story. They then filed an accelerated possession claim. I filed a defence and counterclaim and there are many issues in dispute. A hearing was ordered, which took place yesterday. I filed a last minute N244 application to adjourn and for extension of time, as I was not able to attend on health grounds. I have not received any contact from the court since then

[dx100uk]

forget the car finance stuff - not important

 

forget the 2 bailiff actions not important... THERE IS NO WAY FOR YOU TO STOP BAILIFF ACTIONS.. PERIOD END OF...other than paying which you cannot....they'll go away.just  ignore them.

 

sorry but you are not listening to us..

 

thank you for telling use it is a section 21.

 

you do realise if they win hceo's like you see on ch5 can and will force entry to evict you?

have you family, children?

 

 

 

 

 

[Hunter779]

Yes I obviously realise that, which is why I am fighting for my life to try and stop or delay the eviction, to give me enough time to secure alternative accommodation, to avoid being on a park bench at Christmas. I have pets. 

 

I assumed you would know it was S21, as accelerated possession can only be S21. 

 

Its easy to say ignore them and I expect people might not be too bothered by them. For me personally it is utterly terrorising and severely distressing. 

 

Are there not any laws or regulations preventing enforcement action or harassment from DCA/HCEO/Bailiffs against vulnerable people with mental health conditions or disability?

Edited December 6, 2022 by Hunter779

[dx100uk]

40 minutes ago, Hunter779 said:

Yes I obviously realise that, which is why I am fighting for my life to try and stop or delay the eviction, to give me enough time to secure alternative accommodation, to avoid being on a park bench at Christmas. I have pets. 

 

so lone person but have pets?? no children no other persons living with you?

 

40 minutes ago, Hunter779 said:

Are there not any laws or regulations preventing enforcement action or harassment from DCA/HCEO/Bailiffs against vulnerable people with mental health conditions or disability?

 

have you actually informed the CLAIMANTS of these judgements ever in WRITING with documented EVIDENCE of your perceived vulnerability status?

 

 

[Hunter779]

Yes just single person and pets.

 

Yes I have informed them in writing, although clearly not sufficiently enough.

 

The formal complaints don't seem to do much good either.

 

Is there any appropriate letter template for this kind of situation that I can send to them all?

 

Before the HCEO visit yesterday, they previously sent me a warning letter of impending visit.

I contacted them to try and prevent them visiting my address and stated that I have mental health conditions and their contact is severely exacerbating my health conditions.

 

Their response was to make a false, malicious 999 call to Police to do an emergency welfare check.

 

I then had the Police turn up harassing me.

 

They are utterly terrorising me and making me ill.

 

Then the HCEO made a visit yesterday and he was nasty & aggressive, even from outside the property.

 

My GP could write a letter on my behalf. The problem is it is literally impossible to get even an emergency doctors appointment at the moment, so that could take weeks to get a letter.

[dx100uk]

20 minutes ago, Hunter779 said:

Yes just single person and pets.

 

thank you for confirming there is no others living with you.

 

21 minutes ago, Hunter779 said:

Yes I have informed them in writing, although clearly not sufficiently enough.

 

whom did you write too?

you need to write to the claimant with evidence of your condition from a doctor or a hospital consultant.

 

22 minutes ago, Hunter779 said:

The formal complaints don't seem to do much good either.

 

nope because you don't have one unless you have already done the above .

 

23 minutes ago, Hunter779 said:

Is there any appropriate letter template for this kind of situation that I can send to them all?

 

nope, follow the route as detailed above.

 

24 minutes ago, Hunter779 said:

I contacted them to try and prevent them visiting my address and stated that I have mental health conditions

 

totally useless unless you had already carried out the advice above.

 

25 minutes ago, Hunter779 said:

Their response was to make a false, malicious 999 call to Police to do an emergency welfare check.

 

good exactly what they should have done, sadly this only underlines what i've already advised above

 

26 minutes ago, Hunter779 said:

My GP could write a letter on my behalf.

 

opps so you've never felt the need to get this in writing before from anyone? 

 

you are very articulate, you are very clever, but you are hoping your mental health issues will continue be used as a cure all excuse for your actions or in-actions to date and everyone will simply accept your perceived issues.... that is not the case unless you do things properly.

 

i am but a few words typed on an anon forum by an anon person, but p'haps the only way you will accept such..,

 

i can assure you after 30yrs of pers experience and some 17yrs of this forum......

 

if you want help.

we can give it.

and you'll get it

 

 

we have all the experts free here under the sun.

 

the repo is your top priority.

forget everything else.

 

we need the full details of the section 21 

and a full scan of all documents in/out to date from bothsides, suitably redacted to ONE MASS PDF FILE ONLY

 

read upload

get that done.

we will win this for you.

 

your call.

 

dx

 

 

 

 

 

[Hunter779]

 

you need to write to the claimant with evidence of your condition from a doctor or a hospital consultant.

The claimant was sent evidence of this in writing from doctor before it even got to court stage and also throughout court process. 

 

 

good exactly what they should have done, sadly this only underlines what i've already advised above

No, that is absolutely NOT what they should have done and was done solely to harass with intent to cause distress. They lied to the Police. I subsequently made a formal complaint to the HCEO company and a SAR, which included their telephone transcripts/notes of telephone conversation with me, which is totally inaccurate and does not reflect the actual conversation that took place at all. There was absolutely nothing said that would warrant calling the Police for an emergency welfare check. I do have the actual telephone recorded. If they had any genuine concern, they would not have subsequently sent their HCEO to the address.

 

 

opps so you've never felt the need to get this in writing before from anyone? 

Yes there have been previous letters from doctor and also fit notes as evidence.

 

you are very articulate, you are very clever, but you are hoping your mental health issues will continue be used as a cure all excuse for your actions or in-actions to date and everyone will simply accept your perceived issues.... that is not the case unless you do things properly.

No, my health conditions are caused by the actions of others. There are no "perceived issues", and there is nothing more infuriating than people who dismiss mental health conditions as "imagined" simply because they don't understand or suffer from the same conditions themselves. It is pure ignorance. These are very real, and very serious clinically diagnosed chronic health conditions and people who refuse to take mental health conditions seriously are pig ignorant and reckless. Please stop insulting, judging me and berating me like a child, because I cannot tolerate it and that is clearly NOT going to help me. Stop it. 

 

 

the repo is your top priority.

forget everything else.

Yes it is, however I would also like to take any steps possible to stop the current debt enforcement action, due to the very severe impact it is having on my health. I read on another thread something about an N245 to stop enforcement and although I would prefer not to have to deal with this on top of everything else I am trying to cope with, I feel I need to do that.

 

 

we need the full details of the section 21 

and a full scan of all documents in/out to date from bothsides, suitably redacted to ONE MASS PDF FILE ONLY

 

Yes I would very much appreciate help with the possession. I am sorry but I do not have a scanner and there are hundreds of pages and documents and I do not see how I could possibly provide you with that. I can explain as best I can and provide you with as much detailed information as I can, if that would be sufficient? 

 

The current situation is that I filed a last minute N244 asking the judge for adjournment and more time, as I was not able to attend the hearing on Monday due to ill health.

 

I do not yet know the outcome of the hearing, and can only hope that the judge has ordered a later hearing, so that I can provide adequate evidence and properly pleaded documents and more time to secure alternative accommodation. 

 

 

[dx100uk]

an n245 costs money is not always guaranteed to suspend any warrants.

an N244 is twice the price too..

 

dx

 

 

[Hunter779]

I would obviously prefer to not have to deal with this right now, but would like to do anything possible to stop the current enforcement action against me. 

 

If I could have any help with that also, I would appreciate.

 

I think I mentioned in earlier post that I currently receive Universal Credit, so would be applying for help with fees as well.

 

What do you think my chances might be that the judge has granted another hearing at a later date / extension of time to file defence and evidence?

 

In the event of possession order being made, do I have any option to appeal it or set aside?

[dx100uk]

you need to have contacted the court and the claimant and both must have agreed to a postponement, you need to ring the course and ask what happened.

 

we still do not know where you are in the stages of things regarding the repo. we need a time line from day one, just brief bullet points of what has happened since on what date, since the section 21 1st arrived, 

 

you've been too fixated on the bailiffs issues. both n245/n244 cost money, yes you might get remission of fees, but that doesnt remove the fact you cant pay anything toward the arrears , an i&E sheet shows proof of your offer of £pcm going fwd, are parts of the process of both forms,

 

each form will take a good 10 days ++ to get processed and quash the warrants, by the time they get done and the bailiffs would be done and gone, leaving just added fees. and even if you are successful you'll fail again  making the situation 10 times worse and restart the enforcement process again.

 

your situation is IMHO too complex for want of a different word for a forum. goto shelter, they can help much better than we can.  , going by the fact 99% of our experts have not joined in to date speaks volumes .

 

 

 

 

[Hunter779]

Going to shelter or anywhere else would be a million times more difficult for me. I will have to do it myself and if can possibly have some help from forum to draft properly pleaded documents and help with court procedures, that would be very helpful and much appreciated.

 

As for the bailiff / HCEO issues, I dispute both of those debts.

 

The council tax I should have been eligible for CT discount/relief at the time, so I don't believe I owe that debt.

 

The HCEO for past rent arrears I fully dispute and had a counterclaim against the claimant.

 

The court process went on for several months and I was struggling to present evidence and written statements to the court and it got to a point where I couldn't cope with it, due to health problems and was also by then having to deal with more priority problems with current landlord, so that took precedence

 

I failed to file my evidence and witness statement in time, or attend the final hearing, so judgement was then automatically awarded to the claimant. I am not sure if there is any option for me to set aside the judgment at all. I am very clueless with court matters.

 

As for the possession, there are now hundreds of pages of documents, I will go through them properly when I can and provide exact dates if you need them.

 

• The S21 notice was served in May.
• I didn't move out within the timeframe
• Rent arrears accrued after the S21 was served
• I then received S8 notice
• I received accelerated possession court papers in September
• I filed a defence and counterclaim
• A hearing was ordered for 5 December
• I didn't receive claimants reply to my defence until 28 November
• I filed N244 application and help with fees application on the morning of the hearing
•  

I didn't send N244 to the claimant, as with previously filed documents the court said they would send them to the claimant on my behalf, and it asks on the N244 application who it should be served to, and I ticked claimant, so presume they were provided with a copy. 

 

I will email the court tomorrow to ask what happened.

 

I will need to tell you the entire story of the tenancy to help you understand all of the disputes. I will do that as soon as I can, as it might take a while to write.

 

 

 

 

 

 

 

 

[dx100uk]

28 minutes ago, Hunter779 said:

didn't receive claimants reply to my defence until 28 November

what date did the court order state this should have happened by?

 

32 minutes ago, Hunter779 said:

The council tax I should have been eligible for CT discount/relief at the time, so I don't believe I owe that debt

 

send them an sar .....prove it

i will guess you paid them something as you would not be entitled to 100% relief?

 

[Hunter779]

what date did the court order state this should have happened by?

It didn't, it was just a notice of hearing giving time and date of hearing.

 

send them an sar .....prove it

i will guess you paid them something as you would not be entitled to 100% relief?

Ok I will do. I was paying up to a point and then defaulted on everything. I had a problem claiming universal credit and it took them many months to sort out UC claim. I think I applied to the council for council tax assistance but they wouldn't help. 

[unclebulgaria67]

Council Tax reduction requires an application to be submitted to a Council for their consideration. It is not automatic based on benefits you are claiming from DWP.  The Council may be aware of DWP benefits, but they may not write to households asking them if they want to submit a Council Tax reduction application.

 

If you did not submit an application, then you need to submit one and the you will find the form on your Councils website. You must submit evidence to support backdating, which could be a Doctors letter describing how your health has stopped you from applying earlier. But Councils are restricted on backdating by legislation, so may not allow this.

 

As I have said before and dx suggests, you may feel that your health is stopping you getting local help and support, but it is the much better option for you.  Unfortunately, your current situation may have got to the stage where online support may not be in your best interests and could lead you to a much worse position than you are in.  Local support services often have very good levels of contact with Councils and other vital service providers. And they may be able to keep you in your property for longer and help keep the bailiffs away for longer. And eventually when you have to leave your property, they may be able to help you with new accommodation.

 

Do not just plough on without local help/support.

 

 

[Hunter779]

The council tax debt was from a previous address 2-3 years ago and a different local council.

 

What I meant was I think I did apply to that council for council tax support, but they refused any support because my UC claim had been wrongfully refused.

 

It took UC many months to sort out my claim, when I should have been in receipt of UC about 9 months sooner.

 

Sorry if that wasn't clear before, I am suffering from sleep deprivation.

 

Online support really is the easiest option for me regarding help with drafting court documents and forms.

[honeybee13]

I'm not sure it's easier for the people here who are trying to help.

 

What court documents and forms do you need help with please?

 

HB

[Hunter779]

I am not entirely sure what documents/forms at the moment. I guess it depends on what the outcome was of the hearing on 5 December? The judge might have either ordered another hearing, or granted a possession order.

 

I have emailed the court and waiting for a reply. 

 

I have just received a copy of the order made from the hearing on 5 December and the judge has granted a possession order for me to leave the property before 6 January. 

 

A brief summary:

 

In my defence, I had pleaded for the accelerated possession order to be dismissed, as being evicted and homeless in this manner would cause me exceptional hardship and also severely exacerbate my various physical and mental health conditions. Or that in the event of a possession order being granted I asked for the maximum possible time of 42 days to secure alternative accommodation. 

 

My other arguments were that:

 

• The S21 notice was not valid, as I did not receive the prescribed information Right to rent document at the beginning of tenancy
• The S21 was malicious/retaliatory/unlawful eviction as it was served solely because I was too unwell with Covid and other health conditions to accommodate a property inspection on their demand.
• The agreement was for a long term let and I paid considerable expense to make required and agreed adaptions to the property, and would not have otherwise agreed to rent the property.
• The letting/managing agents have bullied and discriminated against me from before the tenancy even began and various breaches of tenancy agreement, including sending tradespeople to the address with no notice and breach of peaceful enjoyment of the property.
• The landlords have acted outrageously throughout the tenancy, stalking, harassing, spying and terrorising myself and pets. They have caused me substantive financial losses and interferred with my ability to work. Their harassment escalated as soon as the S21 notice was served, which included amongst other things the landlord trespassing on the property to threaten me.

I have ample evidence of all of the above including CCTV, emails, phone call recordings, photographs and various other evidence. 

 

Other than my written defence, the only evidence I have filed so far is fit notes from my GP. 

 

The claimant filed a reply to my defence, denying all of my allegations, and making various false allegations against me. They denied that a long-term let was ever agreed and claim it was for a 6 month fixed only. They also deny any breaches of tenancy agreement and have now falsely alleged I have made adaptions to the property without permission, which is absolutely false. They also claimed that I did receive the right to rent document. They also deny serving me eviction on any discrimination or disability grounds, however I have ample written evidence otherwise. 

 

I did not receive the reply to my defence until 28 November.

 

In my N244 application to the court, I applied for extension of time in order to fully address the allegations made in the claimants reply to my defence and more time to file all of my evidence, some of which is from third parties and is not yet available. And as a litigant in person, who is unrepresented, I asked for extension of time in the interests of fairness.

 

I have a number of health conditions and think this judgement is hugely unfair.  

 

Do I have any option to appeal this to allow more time to present my defence properly and allow more time to secure another property? What application if any can I now make to the court?

 

Would very much appreciate any help.

 

Can I appeal this judgement and request a different judge? 

 

If so, how do I do that and is there a time deadline to appeal?

 

Any guidance and help with this would be hugely appreciated

[honeybee13]

What are your grounds for appeal?

 

HB

[Hunter779]

As above in post no. 46.

 

And that the claimants have misled the judge and also being unable to attend the hearing due to ill health is beyond my control. 

 

I also provided the court with recent fit note.

 

I feel this has put me in an unfair disadvantage and that the judge has made considerable error in their judgement and fairness

 

Is there any specific application I can make to the court now to appeal this?  And is there any deadline to do that? 

 

It would be incredibly difficult to secure another property by 6 January and this is causing me such huge distress. I need more time.

 

Surely I should have a right to properly address the claimants false allegations made in their reply to my defence and file all of my evidence?

 

I would like the possession claim to be dismissed/struck out and need more time to secure another property, due to circumstances beyond my control.

 

Could anyone possibly help with this?

 

As I am clueless.

 

 

Edited December 8, 2022 by Hunter779

[honeybee13]

My understanding is that you would point out errors in the other side's defence and file your evidence before the hearing?

 

HB

 

 

[Hunter779]

Yes, do I have any option to ask for another hearing and time to file my evidence? I would appreciate any guidance with exactly what I can do to appeal this possession order?

 

I shouldn't have to suffer and fight like this, and the claimants are totally in the wrong.

 

I don't believe i've been given a fair chance and would like to appeal the order. Am I able to do that?

 

 

 

 

Edited December 8, 2022 by Hunter779