Need help again please, just want to give up.

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Comments

  • WhenIam64
    WhenIam64 Posts: 1,052 Forumite
    The relationship between him and the HA is contractual, so it will depend on what is in the contract.

    You mentioned him signing something
    When he moved out, he went to the housing association office to advise them that he was moving out and he said that they got him to sign something, but he can't remember what it said and he was never given a copy - after all this time he wouldn't have kept it even if he had.

    So you are attempting to track down the basis of the contract and they appear to be resisting this. All of it points to a complaint further down the line. He needs the information to understand his legal position. That is all he wants so get them to understand this is a clarification issue and not a payment issue.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.

    The law is like an ocean - have a swim but don't drown.
  • Ok so we need to write back and say that he will not be providing any further contact information, as we only wish to deal with this in writing - however they still have to process the request using the information that we have already given?

    Another spanner to add into the works is that it now looks like we are going to have to move house.....so another question.....with this going on, do we have to inform this HA of the move when it happens? I'd hate to move with this still unresolved and find that they have taken action without our knowledge.

    I will be organising a mail re-direct anyway (for 12 months to be safe) and just wondered what to do - would advising them of the new address mean acknowledging the debt in some way?
  • HampshireH
    HampshireH Posts: 4,477 Forumite
    First Anniversary Name Dropper First Post
    Has your other half called the HA to see if he is still listed as a tenant?

    The tenancy agreement will state he is because he would have signed it when he moved in. They won't provide any that doesn't have his name on.

    The deed of assignment it sounds like he thinks he signed has to be signed by both tenants to be valid.

    If he never heard back it sounds like it was never signed by his ex and therefore not administered.

    This is well within the HA rights as legally they cannot put a tenancy into a sole name without that person's consent to accept it.

    The advice above is all good. But having read the thread I haven't been able to establish if the basics were covered.

    Could your OH not just book an appt with the HA rather than delays things with hand written letters. He could walk in and evidence his ID there and then and get things moving. He wouldn't need to provide contact details but rather than dancing around things could have it all laid out on the table and explained to him

    If he is still a tenant then yes they can add rent and any court costs to the account if they are being accrued. He would also still remain jointly liable regardless of whether he still lives there.

    He would be jointly liable for any debts incurred after he moved out also if the full process to remove his name from the tenancy wasn't completed.

    If there were arrears or debt at the time of the paperwork being done its also likely to have been rejected and they only remove a tenant when an account is clear from any monies owed.

    HAs cannot just add random costs. Any costs they do add would need to comply with their policies and procedures. HAs represent in court all the time and know what they need to evidence to get their money back. Added and unjustified costs would be identified immediately by the judge.
  • He hasn't called them no, because all of the advice always says to keep everything in writing.

    The tenancy has definitey ended and they have confirmed this in writing - what we are trying to establish is why they think he is liable for the rent after he left the property a good couple of years before then. He visited their offices at the time and completed the paperwork that they asked him to complete.

    I understand that the tenancy needs to be ended properly, but by completing the paperwork that they asked him to, he thought that he had done what he needed to for that to happen.

    They seem to be resisting giving any type of contract or tenancy information and also this paperwork that he signed when he left (whatever it was) instead sending reams of statements that mean nothing to him because he was not living there.

    As I've said further up the thread, the statements show that nothing was owed (actually it was in credit) for months during 2016 and then out of nowhere in 2017, a charge of £100 appears and the arrears begin again. The £100 just says "costs" but on what? When the balance clearly shows as being in credit.
  • CurlySue2017
    CurlySue2017 Posts: 463 Forumite
    First Anniversary Name Dropper First Post
    edited 17 September 2019 at 4:21PM
    To be honest I am considering paying this debt whether he owes it or not.

    I'm tired of fighting and just want to be able move on with our lives. This is really getting me down, I've had enough.
  • HampshireH
    HampshireH Posts: 4,477 Forumite
    First Anniversary Name Dropper First Post
    Hey

    Do you know when the tenancy ended?

    £100 sounds about right for a gas court order - thats a possibility. Injunction costs to allow access for an annual service?

    Not saying it is that but its a possibility. They would be applied regardless of the account having stayed in good order.

    I appreciate he thought he took his name off but the factors I mentioned above are reasons why it may not have happened.

    I can understand why would to just clear it for him.

    I also completely understand why you have put everything into writing. I just find that when dealing with this sort of thing from a housing perspective speaking to someone face to face and walking away with the paperwork there and then sometimes makes things easier and quicker. Though I would then follow it up in writing but at least he would have the basics to work with.

    If he shows ID and he is in their offices the easiest option for them is to produce the info relating to the debt and the tenancy.

    The data request is still valid in the background
  • HampshireH wrote: »
    Hey

    Do you know when the tenancy ended?

    £100 sounds about right for a gas court order - thats a possibility. Injunction costs to allow access for an annual service?

    Not saying it is that but its a possibility. They would be applied regardless of the account having stayed in good order.

    I appreciate he thought he took his name off but the factors I mentioned above are reasons why it may not have happened.

    I can understand why would to just clear it for him.

    I also completely understand why you have put everything into writing. I just find that when dealing with this sort of thing from a housing perspective speaking to someone face to face and walking away with the paperwork there and then sometimes makes things easier and quicker. Though I would then follow it up in writing but at least he would have the basics to work with.

    If he shows ID and he is in their offices the easiest option for them is to produce the info relating to the debt and the tenancy.

    The data request is still valid in the background


    Thank you, I appreciate your help.



    Once again, I have got myself quite upset thinking about this so I will post a reply tomorrow once I have pulled myself together.....I can't think straight and will start to ramble.



    Thank you again.
  • To be honest I am considering paying this debt whether he owes it or not.

    I'm tired of fighting and just want to be able move on with our lives. This is really getting me down, I've had enough.
    Once again, I have got myself quite upset thinking about this so I will post a reply tomorrow once I have pulled myself together.....I can't think straight and will start to ramble.
    On the other hand, you may find it therapeutic to get all your thoughts down in your thread. Ain't no-one going to judge you. :)


    For what it is worth, I think you are best off doing everything in writing. The letters kind of become legal documents and will be your paper trail to success. This can be sorted. It just requires a bit of perseverance and patience.
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
  • Thank you for your comments I'm just finding this very tough. We've had a lot going on aside from his past debt issues that we've had to deal with and life just seems to be an endless spiral of lurching from one problem to the next.

    It's no longer living, it's simply existing and I'm struggling. I can't remember what normal life feels like....you know, simple things like not having a panic attack every time the post lands incase it's more bad news. Not having to count every single penny, being able to enjoy a meal out now and again.

    Sorry, this is not the place for this kind of post and I know that others are probably worse off than us....it just seems never ending.
  • It's EXACTLY the place for that sort of post Sue - and there is no need to compare yourself with others either, that's not helpful. Sure there are probably people out there who are tens of thousands of pounds in debt but don't give a stuff about it - there are others who feel uncomfortable about having to stick their car MoT Test on a card because they don't have the money in the bank - it's a very individual thing though.

    Do you need to find tiny treats you can factor in here and there to reward particular milestones? Could be as simple as taking an hour to yourselves to sit in a cafe with a cuppa, nothing big, but just stuff that means that for a while you feel a bit more like you're doing the things that "normal" people can do? We've long said on here - if you're in debt clearing for the long term you definitely need to factor in some fun stuff as well as the slog.
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    Balance as at 01/09/23 = £115,000.00
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