EVICTION

[graham74]

My girlfriend has recently spoken via telephone to an agent representing the housing association regarding rent arrears. The woman on the other end of the line said that she is ‘coming for the house’, which was rather sweet of her especially as we have a 5 month old baby and an 8 year old that had been pointed out to her. My partner had tried pleading mercy with promise to settle the arrears at a faster rate prior to that witch’s stated intent of seeing us out on the flooded streets under the dreaded polar vortex. I have only recently moved in myself and was unaware of this problem. I’ve only just found out tonight and my partner also tells me that she’s being taken to court this Friday. Well it’s Thursday now so…tomorrow. Anyway, from what little I’ve managed to ascertain from my distraught damsel, this matter is already the subject of a previous court ruling. She wasn’t present and apparently some kind of ‘agreement’ was made in her absence. She admits to being overwhelmed and burying her head in the sand and being in arrears for some time- approximately a year. She also doesn’t know where any paperwork regarding this matter is or what the court decided that she’d ‘agreed’ to do. Though I would guess it was to pay off the arrears probably at a certain rate/within a certain time. I have read as much as I could find on the subject (along with just about every post on this site over the years) and this is where I’m still left wanting...

The 1988 Housing Act says that a section 8 notice to quit must be served before an order for possession from the court can be obtained/applied for. She has had no such notice but would that still stand considering the landlord (agent) has already been to court? I want to try and prepare her for this court hearing on Friday. Is she likely to be served with an eviction notice or are they likely to review this ‘agreement’? Will they even take into consideration that she was not present at the first hearing a year ago and therefore not even in a position to agree with whatever payment plan was proposed? I think the debt currently stands at around £2100- certainly more than eight weeks worth, and she has repeatedly been late/in arrears (though I’m quite sure the land grabbing private housing scheme aren’t struggling to make ends meet themselves) She managed to pay off £700 last week and another £100 in the morning. Is the wicked agent likely to get her way and take the house or are the courts sympathetic? Dunno why I even ask, as I’m sure they all scratch each other’s backs and just want more broken/homeless families. As a friend said of wars, ‘They don’t just serve the agenda 21 cull but think of all the children they get to harvest.’ Shudder.

To add to all of this she had a bailiff let himself in on the one day I worked last week (probably for the best, else I’d be up on serious charges if I was at home) after council tax. She was upstairs bathing our baby and some rather imposing 6’4” thug was snooping around downstairs looking for valuables. He was there for two hours! Even while she nursed our son. Eventually she had a relative pay £600 off over the phone and he left. My blood is boiling as I write this.

Back to the potential eviction. If that is ordered by the court, what chance do we stand of barricading the door? Heard that squatting is now illegal. Though surely any attempt to enter the house would be an act of outright violence?

Anyway, any input would be most appreciated.

[Freeman Stephen]

goodf deals alot with evictions.

[musashi]

My girlfriend has recently spoken via telephone to an agent representing the housing association regarding rent arrears. The woman on the other end of the line said that she is ‘coming for the house’, which was rather sweet of her especially as we have a 5 month old baby and an 8 year old that had been pointed out to her. My partner had tried pleading mercy with promise to settle the arrears at a faster rate prior to that witch’s stated intent of seeing us out on the flooded streets under the dreaded polar vortex. I have only recently moved in myself and was unaware of this problem. I’ve only just found out tonight and my partner also tells me that she’s being taken to court this Friday. Well it’s Thursday now so…tomorrow. Anyway, from what little I’ve managed to ascertain from my distraught damsel, this matter is already the subject of a previous court ruling. She wasn’t present and apparently some kind of ‘agreement’ was made in her absence. She admits to being overwhelmed and burying her head in the sand and being in arrears for some time- approximately a year. She also doesn’t know where any paperwork regarding this matter is or what the court decided that she’d ‘agreed’ to do. Though I would guess it was to pay off the arrears probably at a certain rate/within a certain time. I have read as much as I could find on the subject (along with just about every post on this site over the years) and this is where I’m still left wanting...

The 1988 Housing Act says that a section 8 notice to quit must be served before an order for possession from the court can be obtained/applied for. She has had no such notice but would that still stand considering the landlord (agent) has already been to court? I want to try and prepare her for this court hearing on Friday. Is she likely to be served with an eviction notice or are they likely to review this ‘agreement’? Will they even take into consideration that she was not present at the first hearing a year ago and therefore not even in a position to agree with whatever payment plan was proposed? I think the debt currently stands at around £2100- certainly more than eight weeks worth, and she has repeatedly been late/in arrears (though I’m quite sure the land grabbing private housing scheme aren’t struggling to make ends meet themselves) She managed to pay off £700 last week and another £100 in the morning. Is the wicked agent likely to get her way and take the house or are the courts sympathetic? Dunno why I even ask, as I’m sure they all scratch each other’s backs and just want more broken/homeless families. As a friend said of wars, ‘They don’t just serve the agenda 21 cull but think of all the children they get to harvest.’ Shudder.

To add to all of this she had a bailiff let himself in on the one day I worked last week (probably for the best, else I’d be up on serious charges if I was at home) after council tax. She was upstairs bathing our baby and some rather imposing 6’4” thug was snooping around downstairs looking for valuables. He was there for two hours! Even while she nursed our son. Eventually she had a relative pay £600 off over the phone and he left. My blood is boiling as I write this.

Back to the potential eviction. If that is ordered by the court, what chance do we stand of barricading the door? Heard that squatting is now illegal. Though surely any attempt to enter the house would be an act of outright violence?

Anyway, any input would be most appreciated.

Your thug committed a crime if the door was closed - even if not locked.
Download the OFT guidelines I posted up on this site and you will find plenty to help you.
Look at the bailiff rules.
Read my bailiffs fees scam revealed post and it will help.
The housing association is responsible for reimbursing illegal levy fees - not the bailiff company.
There is a bailiff register online and you can find the court which issued his certificate from it. Make your complaint to that court.
There are many sites which give hugely helpful info on bailiff actions and the law. Big up on this then make a claim. By the sound of it you have them by the balls and also the issuing authority they worked under. You have a claim against the bailiff, the company and the court by the sound of it, but you must do a bit of study to get there. I am swamped with work right now so can help no more than with this post.

Kind regards, Musashi.

[musashi]

An update on my last post here.

Any claim you may make here must be against the authority they were working under - not the bailffs themselves. If you get a payout then the authority would have to claim on the bailiff's bond - which is usually only for ten thousand quid.
A late bit of research for my own about-to-be-launched claim against a bailiff company confirms this. There is only one claim, not two or three as I had been operating on - and that is against the authority they were working under. In my case - a council. If it works out well then the whole thing will be posted up here on this site.

Musashi.