Need advice regarding against and eviction in court.

Barkatthemoon77
Barkatthemoon77 Online Community Member Posts: 2 Listener
edited February 2024 in Housing and independent living
England. North Lincolnshire.

Firstly let me explain the scene in detail up until now.

Last May I returned from hospital after 6 months to an eviction notice. I'd attempted suicide and had been in hospital, both for physical and mental treatment. The eviction notice was due to arrears made in this time as I had absolutely no way to pay from hospital.

The eviction notice was for the next day, so I contacted the court, got a same day hearing and went that afternoon. The judge suspended the possession order on compassionate grounds and arranged a payment plan.

I kept this payment plan till November, however my landlord has been pressuring for a long time for a full payment causing me great stress. In December I broke, and attempted to make it via Direct Debit. My bank immediately blocked it, and will not let me pay him via any means as they state "the account has previous flags and concerns", they won't divulge as to what that means. 

This is a social housing project, [Removed by moderator - Personal Information], so this is odd but they won't budge.

I've tried via bank card via the AllPay app they use, and via card on the phone. Both were blocked too.

As a result I have been repeatedly offering since to pay by cash, this is repeatedly refused and I cannot get them to budge on this.

Two weeks ago I attempted suicide, let them know about this and asked again for a cash arrangement, and I was told "they'd be escalating the eviction". This came through my door today after waiting.

It's obviously caused me insane stress, and I've unfortunately had thoughts of harming myself again. I have emailed the finance officer begging again for an arrangement, I know I'll either be ignored (this is common) or they'll refuse.

For context of the arguments I intend to make however these are.

• The above. I am going to argue I tried to make alternative arrangements using legal tender for a debt assigned by a court which was repeatedly refused. Does Legal Tender apply here?

• That allowances have not been made for my disability. I have repeatedly asked for help, and have repeatedly been turned down for basic needs regarding my MH. They also absolutely refuse to speak to my partner (whom is my full-time registered carer). They also refused to aid with a shower despite being social housing, meaning I'm having to bathe in a bath. My partner (who's pregnant btw) had to lift me (6'3 man who's quite heavy) from under the water while I was fitting to prevent me drowning.

• That the home is not fit for purpose. The home has damaged floor tiles in the bathroom they won't replace (this affects my disability I'll explain later. , a leaky toilet they refuse to replace, and mould caused by faulty insulation installation. 

• That the home is not safe. For reference my partner was attacked a few months ago as they won't fix the lights in their carpark. This was a random attack but still they've made our area a target as it's rural and dark. 
We also had a break in last June in which our door was damage. CSI recommended a full door replacement stating it wasn't safe. [Removed by moderator - Personal Information] came out, took one look and said "it's safe, forensics always say this". A month ago we had a 4am break-in again through the insecure door where stuff was stolen and I took losses of multiple games consoles. This was the end of November, I've been scared to live here ever so CE and we've been looking at moving as a result for our child. 
Thankfully the door is now fixed as they absolutely destroyed the handle. 

• That the landlord and [Removed by moderator - Personal Information] have not worked with me for a solution, and have tried intimidating me in to paying their way (which I cannot) with threats of eviction, even straight after a suicide attempt which hospitalised me this issue has caused. Within days of me informing them of this and begging for help actually.

• Lastly I intend to argue eviction would cause me to kill myself (it absolutely would), and leave my partner not only without a home but partner. I understand this is hypothetical however, but it is something that unfortunately would genuinely occur despite how awful and selfish I know that is.

I do hope all this is enough, and any advice would be amazing. Thankyou.

Comments

  • Barkatthemoon77
    Barkatthemoon77 Online Community Member Posts: 2 Listener
    I would also like to add that That intimidating techniques were used. Straight after my previous court judgement keeping me in my home, they immediately changed my Electric and Gas provider to their company. They refused to provide energy or power leaving me without. As a diabetic I was left with my mum driving 20 miles every day with insulin for three weeks while I sorted myself back to British Gas. When I asked for my £120 loss to be refunded, they refused, they also stayed it was not their problem I had no power and they wouldn't give company login details so I could tip up the smart meter. 
  • Community_Scope
    Community_Scope Posts: 1,842 Empowering
    Hello @Barkatthemoon77

    I have removed the name of the housing association from your post as it could be a piece of information that can identify you. I also wanted to reach out as we'll be popping an email over to you today. Please keep an eye out <3 
  • MW123
    MW123 Scope Member Posts: 1,220 Championing
    Barkatthemoon77 said:
    I would also like to add that That intimidating techniques were used. Straight after my previous court judgement keeping me in my home, they immediately changed my Electric and Gas provider to their company. They refused to provide energy or power leaving me without. As a diabetic I was left with my mum driving 20 miles every day with insulin for three weeks while I sorted myself back to British Gas. When I asked for my £120 loss to be refunded, they refused, they also stayed it was not their problem I had no power and they wouldn't give company login details so I could tip up the smart meter. 

    @Barkatthemoon77

    I understand that you are under considerable stress due to this situation. However, it is imperative to comply with court ordered payment plans, as failure to do so can result in significant legal consequences. Although transaction blocks by your bank are posing obstacles to fulfilling court directives, it's essential to demonstrate earnest efforts towards compliance. 

    Your mother's evident supportiveness presents a potential solution. One approach could involve providing her with the necessary funds, enabling her to facilitate rent payments through her own bank account. This method ensures compliance with both your rent obligations and the court order. 

    You urgently need to speak with your bank to understand why your transactions are being blocked.  If necessary, you might have to make a formal complaint to the bank to get it sorted out. 

    Landlords or housing associations are not legally obligated to accept cash payments for rent, they typically stipulate acceptable payment methods in their tenancy agreements. Many landlords prefer electronic payment methods for reasons of security and convenience. 

    Have you spoken with Shelter? They could provide valuable advice and support in dealing with this situation. I believe resolving this matter is achievable, as long as you maintain the court's sympathy

  • WhatThe
    WhatThe Online Community Member, Scope Member Posts: 3,988 Championing

    Hi, I agree with all of MW's advice. 
    SHELTER can offer free legal advice and representation for a hearing - ring or email them ASAP. 

    A suspended possession order means it can be granted if the agreed repayment terms are not met which is what your HA is asking the court to do now.
     
    Clear the arrears in full to stop any further action by the HA and to stay in your home. 


  • WhatThe
    WhatThe Online Community Member, Scope Member Posts: 3,988 Championing

    Hi again, I want to add that clearing the arrears in full means you won't have to attend court again or have any court fees to pay.  

    I hope SHELTER have been able to help and advise you on rent arrears and court procedures. They can also advise on making a complaint to the HA about the outstanding repairs and perhaps a transfer to more suitable accommodation. 


Categories