Social housing dd mess up

DCulture

Hi there, I've been in a social housing for 7 years since me and my wife broke up and have paid my rent by direct debt the whole time. I have just found out that for one of those years they charged me less in direct debt costs then then should of done just for one year out of the 7 years and have just discovered their mistake after years of regular payments. This for just one year out of the seven and it was adjusted correctly the year after. Now they are treating to evict me for out arrears on the account despite the woman on the phone having no idea why they didn't notice or inform me sooner of this error. I can't afford to pay the arrears in a lumpsum and with increase costs over all expenses I'm unsure if I will be able to afford the extra £100 a month they are demanding, I have asked if I can pay this in smaller amounts over a longer period of time but they have said that because this has been owed for over such a long period of time they won't take less than that amount. Is there anything I can do even more so with it being the mistake on their end and them amending the direct debt the following year and not informing me of the mistake made or any arrears owed for years later 

theartfullodger

What formal notice , if any, to do with eviction, have you been served please? Anything yet from court?

What sort of tenancy do you have, please?  Recognise that for most types there will be grounds under which landlord (council or housing association) may apply to court for eviction, even if only 1p is underpaid just one day.

Is this council or housing association?

Suggest follow the formal complaints process 

Also suggest you immediately start paying some each week or month to show you take things seriously and are trying to sort matters.  Rent is paid weekly, monthly... please?

What things you pay for could you cut back on?  Life is going to be hard enough with gas/electric going up, food going up in price.

Be polite, calm, helpful.  Put everything in writing/email and keep copies.

You owe rent shortfall (if increased correctly) even if landlord doesn't remind you.  

DCulture

Nothing from the court just the housing association I have spoken to them on the phone for over an hour as I just received the letter today, I offered to pay £30 a month extra on top of the full rent amount but they want it paying off within the next financial year but I've cut back as much as I could possibly cut back on to the point I've halved my food costs and put a flexible working contract request in at work enabling me to work for home for an extra 6 months to help save on travel expenses. I don't mind paying the arrears back but I just want some flexibility since they have even admitted it was a mistake on their end 

TBagpuss

How much is the debt? 

You mention an extra £100 a month - is that he amount that they are suggesting you pay per, in addition to your normal rent,  month to clear the arrears? 

Clearly they made a mistake in not spotting this or informing you sooner, and it is definitely worth you looking at their policies and complaints process to see whether there are options you can explore. 
Did they tell you of the change to the rent? If they told you of the increase, but didn't adjust your direct debit, then it's your mistake as much as it is theirs, and while that doesn't make it right that they failed to spot it, it may make it harder for you to argue that this is entirely their fault and that they should not pursue you or should accept a lower payment to clear the arrears. 

If they didn't tell you, then it may be worth looking into whether it would have changed anything if they had - for instance, if you would have been entitled to any help with the rent at the time 

HOWEVER , if you can possibly do so, in order o ensure that you maintain your secure , affordable home (renting in the private sector would be less secure and almost certainly significantly more expensive) it is likely to be in your best interests to do everything you possibly can to avoid eviction.  Is there any chance that you could get a temporary, part time job to cover the extra until the debt is paid off? 

Have you had anything in writing from them and have you responded in writing? Someone on the phone isn't the same as having a written trail setting out what you have asked / been told.

I think this is one where it may make sense for you to see if you can get help - check whether there is a local legal clinic (sometimes run my university law departments) or if CAB can help you put together a letter, setting out clearly the fact that you were not notified, that the error was theirs and they have not previously raised it (check - have you still got the other letters they sent you and if any of them mention the arrears - if they didn't, this suggests that the error was in their system and you could not have known, if they showed the arrears but they were not pursued then gain, it is partly down to you that you didn't query it) 

DCulture

They did inform me of the rent increase and did increase my direct debit that's why I didn't notice it myself but apparently they meant to increase it by more that they did. The total amount of debt is under £500 but they won't budge on the £100 a month on top of the full rent amount. It's more frustrating that they have increased my rent every year for 4 years since and even then they still missed the mistake and failed to notify me of any arrears. If they hadn't increased the direct debit I would of noticed it but because they did, I didn't realise that the amount was incorrect. I've received the letter informing me of it today stating that they have increased my rent and I noticed my dd had increased by over 26.4% that's why I called to see why the increase was so large and they worked it out and couldn't figure out where such a large increase had come from so they transferred me to a different department and that's where they discovered the arrears from 5 year ago and that was where they figured out it had extra had come from. I have emailed their repayments as well as their complaints departments but just wanted to see if there was I could do as I was getting the impression it was just more of the person on the phone being to pushy to get the money rather than they actually looking into it correctly 

mahharg

Hi 
I hope you got this sorted out. Before I start, I'm not qualified to give legal advice but here's my take on it. I will try and go from the most important.
1) The only way an eviction can be served is by a court.
2) The demand for £100 extra in rent is unreasonable, even more so because it was their error.
3) You are entitled to have a certain amount of money for essentials by law. This is for food, heating, cleaning clothes. check out stepchange for this. 
4)  It was their error and it's been a long time ago. I would look into what rights they have to claim it back. I remember something about if councils make errors on rent/Housing benefit etc a long time ago that they can ask for it back not demand it back. That'll be something that you would need legal advice on.

If I were you I would look at what you can reasonably pay back so not as to leave yourself short and tell them (not ask) that this is what you can afford to pay and pay it. If you are honest about this and they did go to court to apply for an eviction, the courts would almost certainly be on your side. 

Communicate via email if possible so you have records of communication.

Remember that the housing association is not the law and any terms and conditions don't supersede the law.



I wish you well in your quest and hope you sort it soon

TripleH

Did they ever send a letter telling you what your new rent each month / week would be and by how much the direct debit would increase?

This in case they throw it back at you and say 'we sent a letter saying direct debit was changing to £487/month' but only changed it to £457/ month. Their argument would be that you should have spotted the amount was wrong and let them know.

The above is their excuse for coming down hard on you for their mistake.

Is the council involved in this arrangement? I ask in that getting a local councillor on board might be a good option. You acknowledge the mistake exists (that they made) and are trying to fix their problem but they appear to ride heavy handed to fix it.

Personally I suspect a shortfall has been discovered and they are bum covering their mistake to avoid a roasting.

Chandler85

It is everyone involves fault, they should have done the direct debit right, you should have checked it was right.  No one did and now you owe money.

I suspect the reason for wanting it paid this financial year is because it becomes a 6 year old debt otherwise which is harder for them to claim.

It April now, and you owe them £500, ask them to split it to £50 a month for 10 months, then it is paid off by the end of this financial year.  I highly doubt they will evict over £500 that's being paid back slower then they want, where I work certainly wouldn't, there are much worse cases out there!

molerat

OP was last active when they posted this in March.  No point replying as they have not been back since.