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25th March 2008, 09:53:AM #1
Disputed Debt - Goods Being Sold
Can anyone help?
1. Local authority property.
2. Court Orders stipulate property to be repaired/adapted.
3. In 2006 contacted local authority to arrange storage.
4. Local authority contacted removal company to make arrangements.
5. Boxes etc.. supplied following request by local authority.
6. Discussions took place between local authority/removal company.
7. Arrangements made to put household contents in storage.
8. On 31.07.06 household contents went into storage, removal company
presented me with a document to sign, being under duress, signed document,
in order that I was seen to comply to Court Orders.
9. Terms and Conditions were not supplied until March 2008.
10. Local authority refuse to accept responsibility, that this is their debt.
11. In February 2008, removal company contacted me and stated unless bill
bill paid in full, they will dispose of household items and seek further monies
should there be a shortfall.
12. Contacted local law centre, unfortunately person dealing with matter, took
ill and could not represent me.
13. Advised removal company, who had been contacting law centre.
14. Contacted C.A.B.
15. Advised removal company, have sought assistance from C.A.B.
16. Removal company advised that they will not extend date 31.03.08 in order
for C.A.B. to intervene to offer help and assistance.
17. C.A.B. not able to visit until 04.04.08.
18. Offered a payment plan but removal company have not responded.
19. What can I do, any ideas?
25th March 2008, 10:22:AM #2
Re: Disputed Debt - Goods Being Sold
Do you have documentation to back up points 2,3,4,5,6, If so go to the storage dept with copies and demand they take notice. if they proceed to sell off your goods then go to the police as this would be theft.
Send a a letter to the head of your local authority and demand they sort this shambles out.
Hod.Borrow money from a pessimist -- they don't expect it back.
25th March 2008, 11:18:AM #3
Re: Disputed Debt - Goods Being Sold
Good Morning Hod,
Thank you for your speedy response.
Enclosed is copy of letter dated 17.03.08. sent to C.E.O. of local authority, as yet, there has been no response. The name of authority has been removed for legal purposes. Also enclosed is copy of correspondence to removal company.
I think the following fully explains our situation. However, todate, no response has been received from the local authority. As far as I am concerned, they are waiting until the deal is done with regard to household contents. Do I expect a reply, not really. If this local authority had it's way, they would have us out of the house, in order that they dont have to adapt/repair, hence since 2003 this property has not been repaired/adapted, since the commencing of legal proceedings. Do we feel aggrieved and outraged at our position, indeed, yes but it falls on deaf ears. Many solicitors are aversed at taking on local authorities and this is also hindered by the fact of constraints by legal aid board.
I welcome any comments, advice, help and assistance in this 'nightmare'!!!! You will note that the removal company, wont even allow four days in order to seek help and assistance, bizarre to say least, especially if they want to be paid, for days, is neither here nor their!!!!
----- Original Message -----
Sent: Saturday, March 15, 2008 10:29 AM
Thank you for your email 13/03/08 regarding C A B.
I regret that ........cannot extend your deadline to settle your outstanding account as previous email 12/03/08.
Balance at 15/03/08 .... your balance will however increase while your goods remain to storage.
----- Original Message -----
Sent: Saturday, March 15, 2008 1:57 PM
Subject: Re: Storage
Thank you for your email.
I am sorry to hear that will not extend the deadline for a matter of 4 days, in order that I may seek help and assistance on a professional level, to resolve this matter amicably.
From the outset, even before these goods were taken into storage, confirmed by emails, telephone conversations etc..., that this always has been a disputed debt.
I would refer you to ;http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf, whereby this is a disputed debt and ........... not allowing grace and favour to resolve this matter, it could be seen as 'bad business practices'.
Therefore, I will reiterate my previous stance on this matter, that as this is a disputed debt and have always maintained, that I do not genuinely believe, that I am responsible to pay it, the fact, that I have offered to pay it, albeit against my will, an offer has been made.
Under these circumstances, it would be erroneous of ...... to dispose of household contents, when an application could be made to the Court for this debt, whereby a counterclaim would be lodged and ultimately the Court would decide, taking into account the circumstances, as to how and why this debt accrued etc.
I am of the firm belief and knowledge that should this matter come before the Court, that I will not be held responsible for this debt and that damages would be awarded for all the distress etc... associated with this matter.
I would advise that I am sending a copy of this email to Mr...... Chief Executive, Council, as this matter is part of my complaint, which I have already lodged, for a full and thorough investigation.
I look forward to an early response.
----- Original Message -----
Sent: Monday, March 17, 2008 11:40 AM
Dear Ms ,
With reference to my last email and the enclosed letter from ..... it would appear that unless the household sign what is essentially a 'temporary prohibition order', not to access the property, the next step would be for ..... to make an application to the Magistrates' Court for an Emergency Prohibition Notices and Orders (and other Immediate Actions) as subterfuge, that the Tenant is refusing access for repairs. Also in making an application of this nature, ....... would seek once again a Repossession Order. I would request that this letter, in anticipation of this course of action, this email is an appeal of that decision and that the Tenant and household members, are informed, in order that they can defend any action. ........ cannot enforce home owners/occupiers, to refrain from their own property, therefore, the same applies here and one wonders, what is the real reason, to enforce strict sanctions upon this household, which are in direct contravention of our Human Rights Act and Tenancy? Without input of the two disabled occupants, for whom the disabled facilities grant has been awarded, who is to say the works carried out, are appropriate to their needs? The Tenant and household members, do not need an appointment to view their own home, albeit there will be instances it is not viable, that is not to say all of the time. This would seem to suggest that ....., by excluding the Tenant, household members and family, some of whom are qualified under Health & Safety Regulations, that they do not want to completely remove the floor, just a quick fix!!! As it would be inconceivable to carry out repairs to the foundations at this property, without those of the adjoining property, something which is not be carried out, either by ....., or the owner.?
Once again ......, are thwarting every attempt by this household to have repairs/adaptations carried out to the property. ......, have total disregard for the health and well being of this household, by their flagrant and belligerent failure to comply to Court Orders. It is incongruous of ......., to state that no access to the property, under the auspices of Health and Safety.
Furthermore ......, are criminally liable under the Health & Safety Act by refusing to repair/adapt the property in accordance with Court Orders, The Housing Act 2004, Part 1, by failing to comply to HHSRS and the criterion of numerous hazards this household has/is being exposed to, on a day to day basis i.e. dampness, excess cold, pollutants, lack of space, security, poor hygiene, sanitation etc. this without numerous access to goods and services from the Social Services Department, due to structural defects and refusal to carry out adaptations.
The behaviour and conduct of .... is totally incompatible to what they have done and doing and constant failure to resolve this situation, after all, household contents have been in storage since 2006 and this household is being billed, something which is disputed by the fact, it would not be necessary for household contents to be in storage, if the property was not defective. I have been advised ......, unless this bill is paid in full by 31st March 2008, that they will dispose of household goods and are considering court action, should there be a shortfall. I would strongly suggest that ...., act immediately to stop this course of action, as this household holds them directly responsible; owing to the fact it was ....., who initiated the process of storing household contents.
I would also refer to the following, which are classic examples of others receiving preferential treatment in relation to access to goods and services, yet this household, having two disabled residents and the continuous discrimination.
1. No. 7 - sister of Councillor Hunter
2. No. 8 - ex grandmother-in-law of ex Housing Manager's son
3. No. 14 - ex mother-in-law of Housing Manager's son.
Under the regeneration for this area, all the above have had central heating etc... installed, yet this household cant even get repairs, also due to the fact that No. 9, my son's home, where there is an 18th month baby, cannot be deemed any other, than discrimination. As previously stated and reiterated again to save confusion, that this household is not aversed to other tenants/home owners/occupiers, having repairs/upgrades/grants carried out but as is clearly seen, day in, day out, others receive a better service than this household!!!.
This household has made three applications for Appeals under ....., Appeals and Complaints procedure, each one has been dismissed. However, in the last appeal, it is stated by ......, that their Appeals have been upheld by the High Court, this is infact is incorrect and has been misleading. I would refer Mr. .... to the fact that His Honour Justice ...., dismissed the case, this does not mean ..... case was upheld. Quite the contrary, to what ....., have stated, that this household has made vexatious applications or complaints; it is this household that have had their complaints, albeit in part upheld by the Ombudswoman. Further, since 2000, the High Courts have ruled and adjudged that this property has /does have structural defects and it is ....., who has continuously ignored something that was brought to their attention since 1987, which in turn has had a knock-on effect with adaptations.
In accordance with the Corporate Complaints Procedure, this household will seek redress, something that no one within ......, have advised, is available, whether it being a disturbance allowance etc… This household has/is suffering insurmountable financial loss, year in, year out because of .... continued maladministration.
The Tenant and household members are seeking verification, that in light that ...., are failing to carry out repairs/adaptations to the property, that they have the right to have these works carried out and the bill to be sent to ...... The Tenant and household members will not be dismissed in any way or form, "Justice must not only be done, but must be seen to be done"
The enclosed document is a prime example of 'abuse of power and position', something this household has been subjected too, for many years and still continues today.
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