Council/Posession Order and Me

RAS

Anne

Would you be entitled to support from Community Legal Advice Telephone: 0845 345 4 345

I think they will only help if you are entitled to legal aid (low income) but surely that would inlude your

Also do you have a CMH worker? And try shelter?

Depth_Charge

fermi wrote: »

That is this one I think?

Harlow District Council v Hall [2006] EWCA Civ 156 (28 February 2006)

Hi Fermi,

Yes, thats the one.

DC

shadowdragon

Fermi what does that mean then, that Annie can be evicted even with receipts or that the council dont have a leg to stand on? Could make head nor tail of that document!!!

fermi

shadowdragon wrote: »

Fermi what does that mean then, that Annie can be evicted even with receipts or that the council dont have a leg to stand on? Could make head nor tail of that document!!!

Sorry. Going off on a slight tangent there.:o

This is the summary of the consequences of that case from the OR's guidance.

In a recent unreported Court of Appeal hearing,[note12] the Court of Appeal held that the right of a landlord to recover his/her property from a defaulting tenant, irrespective of whether the landlord does or does not require a court order to do so, is not affected by bankruptcy.

The Court of Appeal case concerned the situation where a possession order had been obtained against a tenant in respect of rent arrears by the relevant District Council. The possession order was then suspended when the tenant agreed to pay current rent plus an amount to discharge the arrears. Subsequently the tenant was declared bankrupt and the Court of Appeal did not dispute that rent arrears outstanding at the date of bankruptcy became a provable debt in the bankruptcy proceedings.

However, the Court of Appeal determined that the possession order was not a remedy against the property or person of the bankrupt and therefore was not restricted by the provisions of the Insolvency Act section 285 (3) (with reference to earlier cases of Ezekial v Orakpo [1977] QB 260 [note 13] and Razzaq v Pala [1997] BPIR 726 [note 14]). The Court of Appeal made it clear that the local authority might have sought possession of the property both before and after the date of the bankruptcy order.

The consequence of this is, where a possession order is made in respect of rent arrears, the court may suspend that order on the condition that the rent arrears will be discharged over a period of time. Where the individual concerned is an undischarged bankrupt then it is anticipated that any amount ordered by the court to discharge the rent arrears would be taken in to consideration when assessing the individual's ability to make payments under an income payments agreement/order.

Basically the rent arrears are a bankruptcy debt, but where there is a suspended possession order in place the OR will normally still allow the BR to pay this back and allow for it in the I&E.

If Anne has not missed any of the payments, then going for repossession is a joke. :mad:

shadowdragon

haa ok thanks for clearing that up i got a bit confused!!!

AnnesWitterings

Hi have calmed down now...

Right first step tommorow is to lodge an appeal and have my day in court, these receipts have taken on the power of a winning lottery ticket:rotfl: :rotfl: :rotfl: . I cant rant too loudly as I got myself in this mess in the first place by not paying my rent:o but Ive done all in my power to sort it out , the rent and other debts....my main bone of contention is I have done everything asked of me and my payments have been paid dutifully and on time ..so let them bring it on...they will have to drag me out kicking and screaming though I dont think it will go that far, Ms Rottweiler has a reputation for not backing down ..well she aint met me in full fighting mode yet.
She had the cheek to say to me that what did I expect as Id gone Bankrupt and other non kindly things...my likkle tape machine was whirring away all the time..got her lovley saying some quite provocactive things.:D but I didnt bite just kept saying over and over again I thought she had made a mistake till she lost her temper and bawled I Dont Make Mistakes....yes you do missis cause shouting at me was a BIG one.
Am printing of the Harlow Decision, Im still angry but revenge is a dish best served with full facts:D . Was nice to see handsome bailiff again,,,,muststop meeting him this way :rolleyes: :rolleyes: .
My local councillor is coming to see me tommorow afternoon so its CAB in the morning and him in the afternoon.

Have called CLS they were brill and helped me fight off the CSA and Tax Credits peeps so now its the councils turn...and will get my useless CPN nurse of his butt to push my medical side, I have plenty of ammunition...and am not the easy target my sister was as Ive got backbone thanks to this site:T :T :T :T :T and my brains in gear s let em bring it on...time the little man in the street fought back:j :j :j .

Phew feel better now

Thanks for your support...times like these it is nice to know your not alone, never thought Id be referring to my own bit at bottom of my post

Anne

Rylynn

Sorry Fermi like Shadow I do not understand legal jargon very well so not sure what that means at all.

Annie, I am so sorry to read this tonight, all I can say is, do not give this up, which I know you won't. I also think you should see your doctor Annie, NO I don't think you are insane, I think you need his/her support in this matter. A letter from your doctor stating the stress this is now causing you can be taken to court with you so please go and see her/him. Use every weapon available to you, and the press if you have to as well Annie... let them show these b*sards up.

Keep your chin up my new friend, thinking about you. Take care

RL

Rylynn

Keep it up Annie, these people cannot be allowed to get away with this, and when you win, make sure the press know about the dire treatment you and your poor sister have suffered at the hands of these people. Ms R may never be wrong but maybe she will be sacked! that would be good! incompetent !!!!!.

Revenge is a dish best served cold so the saying goes, and the colder the better, and you are doing it all by the book, so just keep doing that!

Well done.

AnnesWitterings

Thanks all


Will get appeal lodged tommorow first thing then take it from there, Rylynn Im ok this isnt going to get me down.. the tablets work:D , but yes I see where the stress could have led me...

BR and Living With It and MSE are the best form of medication, Im where I am today thanks to the support Ive had in the past and will continue to draw from the kindness, strength and info given to me freely and without judgement.

Whats worrying is that I have information at my fingertips and know where to access it thanks to BR forum and MSE, its the folk who are frightened by this so called government council official and her attitude and the disgusting lack of humanity thats annoyed me, where and to whom do they turn to.

Im going to have my tea now and will check in later

Once again thank you all

Anne x

shadowdragon

hehe annie once they loose there temper you have won. least you are on track to sort it out which is GREAT!!!

Keep going and keep us informed, Im sure I speak for all when I say were thinking of you.

"Ah, Kirk, my old friend, do you know the Klingon proverb that tells us revenge is a dish that is best served cold? It is very cold in space."

sorry, what can I say im a Geek and love Star trek and Starwars, and that quote jumped to mind.