Eviction notice served

mumoftwins

Have emailed Adam Fullwood -Barrister and rung and emailed previous GP again and stressed the urgency of speaking to him.

Now off to DD's class assembly then appt with MIND at 10.45am.

ampersand

michelle43uk wrote: »

Hi
MY repossession order was served yesterday. the court wasnt that bad the build up is the worst i think
the court people were very nice almost too nice!!

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Dear michelle43uk,
You see us all here for mot and I know we will all be welcoming you to the site, too.
You may want to start your own thread if issues arise that need our all-powerful support!
WE ARE THE DEUS EX MACHINA AGAINST INJUSTICE!
Bless you for coming on board.
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A pertinent postscript:
Nurse loaned me her copy of Tim Harford's 'The Undercover Economist' yesterday - thoroughly recommend to all msers.

Dill

I think it’s outrageous the way MoT is being treated.:mad:

The problem seems to be made worse by the council using an external company to make the decision. I’m guessing this company are employed by central/local government with the purpose of getting people off their books so that the statistics look better..

ampersand

Hello mot -
Have been digging into your area's proceedings on the Intentionally Homeless front:
http://www.dacorum.gov.uk/pdf/10-04-06-agenda.pdf
You needn't say here - but you may recognise some names therein.
Secondly, you'll see that no evidence is ever produced, let alone anything which would show grounds for any decision.
I'm off to do more digging, but am entirely convinced that LA will fold when required to produce same.
Back later.
May I just highlight the following section? -

APPENDIX D
PROCEDURE FOR THE HOUSING APPEALS COMMITTEE
1. The Chairman will introduce herself/himself and the other members of the
Committee and the Clerk to the Committee.
2. The Chairman will take appearances from the Housing Department
Representative and the Appellant’s Representative who will both state their
name and position and the names and positions of the witnesses they intend to
call.
3. Witnesses shall be present only when giving evidence unless both sides agree
otherwise. The Appellant’s and the Housing Department Representative will
however be present throughout the presentation of the case.
4. The Housing Department Representative will summarise the Department’s
case and identify the issues.
5. The Housing Department Representative may call witnesses. Each witness in
turn:
(a) Gives evidence.
(b) May be questioned by the Appellant’s Representative (the Appellant’s
Representative does not, at this stage, make statements or comments.
The opportunity to do so comes later).
(c) May be questioned by members of the Committee.
(d) May, if necessary, be re-questioned by the Housing Department
Representative.
6. The Appellant’s Representative summarises his/her case.
7. The Appellant’s Representative may call the Appellant and any other
witnesses. Each witness in turn:
(a) Gives evidence.
(b) May be questioned by the Housing Department Representative.
(c) May be questioned by members of the Committee.
(d) May, if necessary, be re-questioned by the Appellant’s Representative.
8. The Housing Representative sums up the Department’s case.
9. The Appellant’s Representative sums up the Appellant’s case.
10. Members of the Committee may ask the parties or any witnesses for any
additional information or clarification required.
11. The parties, their Representatives and witnesses withdraw.
12. The Committee will deliberate in private and recall the parties, their
Representatives and witnesses to announce their decision.
13. The Committee’s decision and the reasons for reaching such a decision will be
confirmed in writing by the Solicitor to the Council within seven working days of

the meeting.
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Bated breath while we await their reasons. Yes, I see the Solicitor confirms said 'reasons' to Council. mot and - let us be positive, Adam Fullwood - would also like to see these. I cannot see that an elected body CAN keep such material from the person it most affects, the person who is, in effect, the Proceedings' raison d'être!

Gforce_2

Dill wrote: »

I think it’s outrageous the way MoT is being treated.:mad:

The problem seems to be made worse by the council using an external company to make the decision. I’m guessing this company are employed by central/local government with the purpose of getting people off their books so that the statistics look better..

No they're not and no they don't. They're usually paid on a set fee per case basis regardless of the decision given, the external assessors will not make the final decision anyway (and won't care either), it's the LHO who does that. I deal with external assessors all the time and all they look at are the facts put before them.

MOT can I ask on the income & expenditure form did you end up with a negative balance? FWIW My LA wouldn't consider you as having financial hardship if you had money left over even if it was just pennies. Did you show your lack of sufficient income at the time that the arrears started? From the information you've provided on the decision it appears that the LHO think that you had enough incomings to cover the shortfall in your hsg benefit as well as the rest of your primary payments, is that correct?
Have Shelter asked for a copy of your housing file?

mumoftwins

Hi Gforce,

Yes I did end up with a negative balance and it would have been more so if I had paid the rent! I will be doing a further I&E form again to put forward at the appeal.

Floss, I don't think any of you are bullying or pushing me - I need your support, but must admit to finding it really hard at the moment so any 'bullying' or 'pushing' me in the right direction is what I need.

Went to MIND today and have been confirmed as suffering from depression - she told me to list all the times that something has happened and how I coped ie: when I went to the supermarket did I forget why I was there?

After the appt I-T took me for lunch then wanted me to shop with him for a new rug but he took one look at me and packed me off back to the flat to go to bed and sleep.

Feel terribly mixed up - just wish I could get the strength back again to start the preperation for the appeal.

Gforce_2

MOT you have 21 days to lodge this appeal, please don't try to do so much all at once that you make yourself ill.

rog2

I must agree with Gforce - try and take a couple of days away from your problems, to re-charge your batteries. Things WILL look better after some quiet reflection.
There is no point in worrying yourself to an early grave.

teeni

hi MOT

A case recently went through the court of appeal re medical evidence from outside agencies in particular now medical which is used by a lot of authorities. if it contradicts the applicants own doctors the local authority can not rely upon it unless the applicant has been examined by the outside doctor. (Shala v Birmingham CC). You need to see your housing file to see exactly how much notice the authority have taken of this opinion especially if your gp states that you are unable to cope with day to day affairs. Did there medical opinion differ from your own doctor.

You also need to check the housing/homeless file to make sure they have investigated everything you have said, e.g if you have said you had help from joe bloggs to look at bills because you could not cope with sorting them your self and the local authority has not considered this or looked into it, you have a challenge to the validity of the decision.

In connection with the intentionally homeless break down all your expences You need to show that if you had paid the rent you would not have been able to pay council tax, gas electricity, food (including school dinners), clothes any fines (not saying you have any) tv licence or other priority debts, They wont include credit debts or non priority costs .

If you have had support from anybody, family friends and i dont mean financial help but support to cope on a daily basis you need to have letters from them confirming how they have helped you cope with daily life.

The law says that you must have done or failed to have done something the result of which is that you have lost accommodation that would have been available to you.

You need to evidence that you r health meant that you could not cope in the same way that someone who did not have your health problems could and therfore have not failed to pay your rent for the hell of it but simply could not cope with finances because
a) you had insufficent money and
b) You needed support that you were not getting.

Often dep and anxiety result in clients not being able to make simple decisions that would be obvious to you if you were fit and well

Did the guy from the housing benefit department come and check your claim before you vacated the property, If so was your benefit correct, if it was not because it should have been higher then you have the argument that you were receving less than the minimum the government allows you to exist on and therefore not intentionally homeless.

Oh and by the way you said the housing officer said that because of her dealings with you over the last month she feels that you are able to cope. This is not relevant , what is relevant is how you were able to cope during your tenancy, If you are receiving medical attention it is hoped that you will begin to get better. Thsi needs to be pointed out as well.

Keep your chin up
They have about 8 weeks to process the review and provide a decision, if that is adverse, they would then have to give you a further reasonable period usually 28 days

Teeni

Mollymop5

Hi Mot, I don't have anything to add apart from my support from afar.Please try to take others advice and don't try to do everything at once.
Love and best wishes being sentyour way