Evicted, Homeless & Suicidal

[PlanB]

Re: Evicted, Homeless & Suicidal

Apologies....my posts tend to be long and i dont meant to tire readers any way shape or form

Why not just start a new post each time a thought comes into your head. No need to go back and edit an old post. We're following your story on here as it unwinds

[PlanB]

Re: Evicted, Homeless & Suicidal

The council lawyers maintain that I was lawfully evicted and the court has no jurisdiction to award me any compensation. However they've stated bluntly that if my lawyers maintain that I was lawfully evicted and wish to commence a separate claim for compensation, they (the council) will ''VIGOROUSLY'' resist such application.

Well they would say that wouldn't they :rolleyes2:

They can *vigorously* resist all they like because you will *robustly* claim. May the best man win and I think I know who that will be

Haven't the Council considered that allowing you back into your property might suggest that they got the eviction wrong in the first place :doh:

[Celestine]

Re: Evicted, Homeless & Suicidal

Hello Family, Hello George



Since the council has agreed to let me back in, my lawyers notified the council lawyers that I shall open a separate case demanding compensation by end of this week. So they drew up something called CONSENT ORDER with the county court which has the following points:

i. I'm allowed to re-enter my flat
ii. My application dated 26th July 2013 be vacated
iii. Hearing of 3rd of September2013 (Today) be vacated
iv. The Claimant (the council) agree to pay me reasonable costs the claim, to be assessed on a standard basis if not agreed. That means they will pay all your lawyers fees incurred in this battle.

Question to LB family:

1. I have the copy of the consent order which my lawyer signed (not sure if the council lawyers signed their part (they will have done) and if not, since I vacated today's hearing, does that mean I've forfeited my right to be compensated? No, your lawyers have indicated that will be dealt with under a separate claim. (Have they discussed how this will happen with you and how it will be funded? The consent order was only applicable to your eviction challenge.

2. The council removals company will bring back my possessions tomorrow, what if the refuse to return the items into the flat and fix everything as they found them (Well they carried them out of your flat, so they need to return the items to where you direct they belong. (Im assuming they you will be present?) Do you have video on your phone? If they are difficult, film their conduct in a calm manner)

3. I'm meeting the homeless team member but as it is, I'm still staying at the B&B since my flat in-habitable. What if he forces me to move out tomorrow while my flat isn't even ready yet? Don't know, I guess it will depend on how inhabitable your flat is.

4. The council lawyers maintain that I was lawfully evicted and the court has no jurisdiction to award me any compensation. However they've stated bluntly that if my lawyers maintain that I was lawfully evicted and wish to commence a separate claim for compensation, they (the council) will ''VIGOROUSLY'' resist such application. Any thoughts on this? Normal pre action lawyer BS, they're hardly going to warmly invite you to sue them!

5. Health-wise I'm not well at all so my employer says I should at take it easy she is willing to let retain me on 16 hrs a week basis until I get better. On the one hand I'm glad that she's concerned with my well being but on the other-hand, I'm not sure how I will handle the bills that will be waiting for me considering I want to stay sane and get on with life and be productive. Any suggestions? Are you entitled to any top up benefits? Others will better advise on benefits.

Well done on surviving this dreadful experience, we'll try and help you as best we can with the next steps xxxx

[labman]

Re: Evicted, Homeless & Suicidal

Read HERE for information on benefits and hours worked. It will be worth your while using a benefits calculator to work out whether a 16 hour contract would be more beneficial than one of 15 hours 59 minutes or less.

THIS is the benefits calculator used by most Housing Associations.

[Bill-K]

Re: Evicted, Homeless & Suicidal

B100dy well done, George - many congratulations !!! I note that your earlier post begins "Hello Family," and I'm sure that the "Family" you have had here to help you in what has been a cold and lonely time will appreciate that. A hearty 'Well Done' from me to your "Family," too !!!

”Coming home from very lonely places, some of us go a little mad: whether from great personal success, or just an all-night drive, we are the sole survivors of a world no one else has ever seen.”
― John le Carré

I feel sure that your family here will help you get decent recompense for what has been done, and many of the bills that you are worrying about right now can probably be claimed under this. Further compensation for distress, loss, damage, etc., should help to deal with other outstanding bills.

With regard to the new tenancy - I thoroughly agree that you should question this. It already appears to have been badly drafted, and if done so 2 days after your eviction date, then that seems to imply that the council were aware at that time that your eviction was unlawful, and they were already busy trying to cover their @$$es.

But, IMVHO, I believe you should try and go for a complete re-instatement of the original tenancy with all original terms and conditions. We became Council tenants in 1999, and enjoyed a secure tenancy, along with the Right to Buy and other benefits. Around 2004, the Council Housing stock was sold to/taken over by a newly-formed Local Authority Housing Association, and all tenants were asked to sign new tenancy agreements - with free entry into a draw as an incentive to sign. I don't know how many were fooled into signing, but we didn't. The new agreements reduced many of our benefits and rights - and I daresay that your 'new agreement' will do the same - so do think long and hard before you consider signing away those benefits and rights.

Being realistic, I doubt very much if we will ever be able to buy our home and enjoy the RTB discount - but we still have that right, and if we ever get a lottery win, then we might still be able to enjoy it. There are also further benefits that our kids might enjoy, as the RTB may be transferred to them when we leave the planet.

So - do not be pressured into signing things, George.

[labman]

Re: Evicted, Homeless & Suicidal

Hear! Hear! Excellent post Bill. I too am very concerned about the new agreement and think you should fight hard to reinstate the original. They have no good excuse not to do so.

[Bill-K]

Re: Evicted, Homeless & Suicidal

Thank you, and I'm glad you agree, Labman. I believe Celestine may have similar concerns, and I suspect PlanB may have some wisdom in that respect, too.

[George Smiley]

Re: Evicted, Homeless & Suicidal

Hello Fam,

1. The homeless guy has postponed the meeting till tomorrow morning

2. The removals company will bring my possession in 1 hours time ( so will make my way to the flat)

3. So far not a word from the chair of the housing or MP regarding my situation. Not even an apology of how the council has treated me.

4. Is LEGAL BEAGLES a Charity? once this is over I would like to see how best I could support it. thoughts? ideas?

[PlanB]

Re: Evicted, Homeless & Suicidal

once this is over I would like to see how best I could support it. thoughts? ideas?

George

The best thing you can do once this horror is over is stick around here and help others We don't want to lose you now we've got to know you:faint:

[SpringerSpaniel]

Re: Evicted, Homeless & Suicidal

If you get some compensation, you could make a donation to the site's running costs

[labman]

Re: Evicted, Homeless & Suicidal

At the end of the day, we are all here to help people. We choose to be here, we don't have to be. We're here because we care.

What LB did for you, it would have done for absolutely anyone in your situation, and throughout the site in lots of other unpleasant situations.

Donations are always welcomed I would imagine, but nobody should feel they should donate. The help is there anyway. :beagle:

[PlanB]

Re: Evicted, Homeless & Suicidal

Nah. If George gets compensation for his ordeal he should spend it on a pint of lager and two packets of crisps. He deserves a celebration after everything he's been through.

[CleverClogs]

Re: Evicted, Homeless & Suicidal

a new tenancy agreement which has the following which caught my attention:

a) stated that I was born in 2013

I am unsure that a lawful contract could be made with someone so young. :rofl:

Some of my wardrobes were broken

Why?

2. The council removals company will bring back my possessions tomorrow, what if the refuse to return the items into the flat and fix everything as they found them ?

Sue them and/or get the buggers prosecuted for criminal damage and/or theft.

3. I'm meeting the homeless team member but as it is, I'm still staying at the B&B since my flat in-habitable. What if he forces me to move out tomorrow while my flat isn't even ready yet?

What if the Syrian tyrant launches a pre-emptive attack with Sarin gas on London? :grin:

4. The council lawyers maintain that I was lawfully evicted and the court has no jurisdiction to award me any compensation. However they've stated bluntly that if my lawyers maintain that I was lawfully evicted and wish to commence a separate claim for compensation, they (the council) will ''VIGOROUSLY'' resist such application. Any thoughts on this?

Yes.

They do seem quite determined to waste taxpayers' money, don't they?

[CleverClogs]

Re: Evicted, Homeless & Suicidal

may the council workers who made you go through this ROT IN HELL!

For them to putrefy, wouldn't the fires need to cool down?

[CleverClogs]

Re: Evicted, Homeless & Suicidal

Haven't the Council considered that allowing you back into your property might suggest that they got the eviction wrong in the first place :doh:

Certe, capita eorum in ano sunt.

(OK, it should be "Certe, capita eorum intus anis sunt." but Gurgle Translate can't cope with that.)