Evicted, Homeless & Suicidal

[PlanB]

Re: Evicted, Homeless & Suicidal

now as for the compensation claim, which will be in excess of £35,000 she wants to get 25% of that and I'm not sure if thats the standard charge or what but I'm willing to change solicitors for the compensation claim.

:faint:

Nice to hear from you George. Hold fire and I'll be back tomorrow with a suggestion. The site owner works for a law firm so let's see if we can get you mates rates :wink:

[MissFM]

Re: Evicted, Homeless & Suicidal

Hi George

Like many others here I've been following your thread in awe and silent support.

Wonderful to hear more of your story and that you continue to triumph over all these adversities - like everyone else here I'm rooting for you even if I can't add much to the wise counsel you are receiving from those much more knowledgeable.

Forgive me if it's already been mentioned but have you thought of getting some (free) advice and support from Toynbee Hall? http://www.toynbeehall.org.uk/legal-advice Even if it's just to review your legal choices/get further ideas and help you find the best representation they do seem to be a genuinely altruistic resource.

With continued thanks for the inspiration your Odyssey gives x

[PlanB]

Re: Evicted, Homeless & Suicidal

Hello George. Can you tell me a good time to call you tomorrow (Friday) or Saturday (better for me). I have your mobile number unless it's changed in which case can you PM me your new number :cell:

[PlanB]

Re: Evicted, Homeless & Suicidal

Hello George. Can you tell me a good time to call you tomorrow (Friday) or Saturday (better for me). I have your mobile number unless it's changed in which case can you PM me your new number :cell:

Text message failed so you must have a new number. I'll PM you now

[PlanB]

Re: Evicted, Homeless & Suicidal

Text message failed so you must have a new number. I'll PM you now

Well that worked :high5:

George and I have exchanged emails and updated phone numbers. Let the conversation begin.

[George Smiley]

Re: Evicted, Homeless & Suicidal

Hello LBfam,

Apologies, I've been absent but this is due to reasons beyond me as I never anticipated some of the events but the pain is still with me and I'm trying to cope with it in the best way I can even though my capacity to cope is diminishing as time goes by, I'm not sure if I will ever fully recover as it has been disruptive even though I finished my therapy 3 weeks ago. I guess perhaps adaptive capabilities are so severely assaulted and ability to cope is so critically injured that functioning is seriously impaired and I cant tell you how much I feel overwhelmed with extreme feelings of bewilderment, anxiety, self approach and depression and to be honest at this stage I feel unable to continue normal life but on the other hand I feel like I have to move on no matter how hard it might be.


So far the following has happened:

1. Finished my therapy with local IAPT therapist.

2. The council has refused to respond to the letters written to them by my solicitor (Sept 2013) in regards to my tenancy agreement.

3. The council has refused to give me a bidding number, everyone in my flat is moving out as its about to be decanted. The council says they cant give me a bidding number since I have a new tenancy agreement (I've lived in the flat for 10 years) and have lost all the privileges of a tenant (the council never gave me any document which states my right as a tenant in 10 years ago and sept last year)

4. Went to see the barrister at Chancery Lane in regards to compensation and by the look of things he did not read my case properly and when we (I went with my lawyer) it became evident when he confessed that he only got the docs in the morning. My lawyer says she sent the docs around 3 weeks ago

5. The barrister said that he needs time to study the case before he writes his opinion on the subject even though he insisted that I forfeited my rights when I did not apply for the cessation of the execution for eviction. When I asked him why did the council pay my legal costs, Bed and breakfast costs, and re instated me back to my flat, he read the ''MEDICAL REASONS'' as stated by the council lawyers.

6. I told the barrister that if the council felt they were right then they could have fought the case in the courts but they asked for out of court settlement. Obviously they were smart enough not to state anything that would incriminate them later on.

7. He said that I cannot open a compensation claim on the grounds of:

a) unlawful eviction
b) abuse of process

But he thinks the oppression on execution might fit the bill.

8. He has requested 2/3 weeks to write a legal opinion on the subject even though he indicated that it might cost me if I lose to the council.



I can post you the skeleton argument as written by the previous barrister:

INTRODUCTION
1. This is a post eviction injunction application by the Applicant, Mr. xxxxxxx, against the Respondent, the xxxxxxxxxxxx (“council”), seeking the Court to stay or suspend the warrant for possession, and an Order for re-entry of the property at xxxxxxxxxxxx (“ the property”), on the grounds that the execution of the warrant amounts to an abuse of process or oppression; and for the Respondent to pay the costs of this application.

FACTUAL BACKGROUND
2. The factual background leading to this application is as contained in the Applicant’s statement dated......., together with exhibits, in its entirety, in support of this application, and I therefore do not intend to repeat it here save to say that reference will be respectfully made to relevant paragraphs in support of specific points raised in this skeleton argument.

3. It is the Applicant’s contention that, though accepting that since the commencement of his tenancy in 2005, there had been some periods when he fell into arrears through no faults on his part, he was nevertheless able to clear all the arrears which accrued at such times (paras. xxxxx of his statement).

4. It is also the Applicant’s contention that following the Order for Possession made in favour of the Respondent for the sum of £950:00, he immediately made arrangement to clear the arrears which in fact he did on the 22 July 2013, as shown in the attached exhibit 2 to his statement and informed the Respondent about the payment made.(para.xxxx of his statement).


5. The Applicant confirms that the Notice of Eviction dated 2 July 2013 stated that eviction would take place on the 25 July 2013 at 8:00am.

6. The Applicant maintains that having cleared the arrears on the 22 July 2013, he notified the Housing Officer (“xxxx”) who informed him that if the rent officer confirmed that the arrears had been cleared she would have no problem in allowing him into the property..In addition, the Applicant was asked by the Respondent to pay the costs of the warrant of £100:00 which he also paid.

7. The Respondent nevertheless carried out the eviction on 25 July 2013. The Applicant immediately made application for stay of the warrant and re-entry on the same day.

8. The Position of the Applicant is that payment of arrears had been made and received by the Respondent before the execution of the warrant. Consequently, the Respondent’s conduct in executing the warrant was an abuse of process or oppressive.

THE RELEVANT LEGAL FRAMEWORK

9. It is submitted that for the consideration of this application, the following legal provisions are relevant:
S. 36(2) of the Administration of Justice Act 1970 (“AJA 1970”) (as amended) provides that the Court:
(a). May adjourn the proceedings; or
(b). On giving judgment, or making an order, for delivery of possession..., or at any time before execution of such judgment or order, may:

(1). Stay or suspend execution of the judgment or order; or
(2). Postpone the date for delivery of possession for such period or periods as the Court thinks reasonable.
10. The established legal principle is that the Court’s power in section 36 of the AJA 1970, to stay or suspend execution comes to an end when the warrant is executed (Cheltenham & Gloucester v Obi (1996) 28 HLR 22; where the Court stated that “Once the warrant for possession has been executed, the statutory jurisdiction ceases to be exercisable”. The Court can therefore only act under its inherent jurisdiction if either the judgment on which the warrant is based is set aside, or the execution of the warrant amounts to an abuse of process or oppression.
11. SUBMISSIONS
11.1. It is the Applicant’s contention that he had been deprived of an opportunity to exercise his right under the provisions of S.36 AJA 1970 (as amended) for a stay of execution when the Respondent visited his property with the Baillif and was tricked by the Respondent to leave the property as the Baillif had not at that time given quiet possession to the Respondent.(Royal Bank of Scotland v Bray, Halifax County Court, 25 November, 2011.
11.2 Further it is the Applicant’s contention that he was assured by the Respondent that if he could clear the arrears before the date of eviction, they would have no problem about him living in the property.
11.3 In the premises, it is submitted that such conduct by the Respondent amounted to oppression (see: Hammersmith & Fulham LBC v Lemeh (2003) 33 HLR where the Court of Appeal held that oppression “ought to include any state of affairs which is oppressive to the tenant”; (see also: Lambeth LBC v Hughes (2003) 33 HLR; Jephson Homes v Moisejevs (2001) where the Court of Appeal’s decisions substantially extended the circumstances in which oppression may be established and Simon Brown LJ went further, holding that the phrase “any state of affairs which is oppressive to the tenant was to be interpreted as meaning only that where an individual’s conduct is not in itself oppressive – for example when an individual unintentionally provides misleading information – it may nevertheless be oppressive in its effect on the tenant.
11.4. It is submitted that the Applicant was entitled to believe that the Respondent would not execute the warrant and deprive him of his property after he had cleared the arrears before the date of the execution of the warrant.


11.5. ART.8 HUMAN RIGHTS CONSIDERATION
11.5(a). The Act makes it unlawful for a public authority to act, or fail to act in a way which is incompatible with the Convention Rights ( see: McCann v UK App No 19009/04, 13 May 2008, (2008) HLR 40) where the ECtHR found a breach of Art 8 saying
The loss of one’s home is a most extreme form of interference with the right to respect for the home. Any person at risk of an interference of this magnitude should in principle be able to have the proportionality of the measure determined by an independent tribunal (para 50).
(see also: Birmingham City Council v Doherty (2008) UKHL 57, 30 July 2008); cf: Lambeth LBC v Kay; Harrow LBC v Qazi (2003) UKHL 43).
11.5(b) It is submitted that there is an arguable case for saying that the Convention Rights of the Applicant, namely, Art, 8 and Art 1 of the First Protocol are engaged with respect to paras. 2- 11(incl) herein.
12. I so respectfully submit.
13. CONCLUSION
For all the above reasons, I respectfully request this Honourable Court to grant the Applicant the Orders sought under para.1 of this Skeleton Argument.

There it is.

I will try to answer as much questions as I can on the subject even though most of you are familiar with my plight.

[PlanB]

Re: Evicted, Homeless & Suicidal

Morning George

PM received with your new mobile number. I'll call you this afternoon :cell:

[atendoftether]

Re: Evicted, Homeless & Suicidal

You seem to have had a hell of time there is no limit to how many times a Posession Order can be suspended, especially with the precarious nature of employment these days. I presume you tried to present as homeless but were either classed as intentially homeless or not in prority need . I don't know what they were playing at but if you evict you do not clear the flat immediately and llegally there has to be a notice on the door clearly visible placed by the Baliffs I have done evictions and this was always the case even though unlike you the flats had been trashed and the tenants had been given numerous chances.Posessions are required to be stored for a reasonable amount of time at least 28 days. Anyway There is little you can do now except perhaps to ask for compensation. You can get a remission of some Court fees I assume you don't have loads of savings. I hope you don't think I am being patronising but I know there is a scheme in london wherby people can live I think rent free in homes of owners who need low levels of care, or even live in carers that would give you a roof over your head . I should really volunteer to help out with cases like yours as I feel that the behaviour of housing authorities and housing associations is getting totally unreasonable and morally questionable

[George Smiley]

Re: Evicted, Homeless & Suicidal

Hello Fam

Its been a while and I have a lot of updates. Not sure if its still relevant to post or?

Please advise.

[nemesis45]

Re: Evicted, Homeless & Suicidal

Hello Fam

Its been a while and I have a lot of updates. Not sure if its still relevant to post or?

Please advise.

Having read through parts of the thread I think posting again here is most relevant.


nem

[MissFM]

Re: Evicted, Homeless & Suicidal

Hi George ,

How lovely to hear from you!

Have been wondering how you were getting on.

I hope things are going much better for you now? :hug: xx

[George Smiley]

Re: Evicted, Homeless & Suicidal

Ok thanks will try to be as brief as possible.

I never got any questions since my last post but I will keep you guys updated.

1. The council gave me a new tenancy agreement with lots of errors as means of getting me back to my old flat. I signed it even though I've been a tenant for 10 years.

2. They brought back my possessions (some were lost and other s were damaged)

3. They paid for my legal costs to my lawyer (around £5,000) chunk of it went to the barrister, lawyer and few people that I owed.

4. After 3 months they moved me to a new accommodation as a decant tenant (they're knocking down the old tower block) and gave me another tenancy agreement

5. They paid out the decant allowance (I believe this is a standard procedure)

6. I went to see a new barrister in regards to my my intent for compensation claim. (This new barrister took almost 3 months to write a legal opinion and looks like he want familiar with my situation and didn't read properly what the previous counsel wrote and didn't even look at the grounds which the council had to let me back in) In his opinion I CANNOT CLAIM any compensation from the council. ( I could have posted the draft argument but no one responded to my the initial legal argument as stated by previous barrister).

7. I got back to work but its been impossible to get new permanent job after the event with the council.

8. The positive thing is I'm now registered as a self employed and have been getting few jobs as business consultant even though I still work part time. I'm looking forward for a much better contract.

9. I understand that I have statute limits (not sure how long) but I need to be sure on the grounds to sue for compensation.

10. My biggest good news is someone is willing to borrow me with downpayment towards my current flay. But my worry is the new flat. I'm not sure where I stand if I want to buy it considering now I have 3 tenancy agreements with my local authority.

The first is the 10 yrs which I had issues with and led me to LB
The second is the the one (which has lots of errors) they gave me to get me back to my same flat they possessed
The third is the one which I currently have after moving into the new flat.

Otherwise. Its always good to be back and I will see how I can assist others in here.

[George Smiley]

Re: Evicted, Homeless & Suicidal

Hi George ,

How lovely to hear from you!

Have been wondering how you were getting on.

I hope things are going much better for you now? :hug: xx

Not out of the woods yet but slowly getting there. Life has changed, in new flat but I'm fine. LB team has always been on my mind so...

[MissFM]

Re: Evicted, Homeless & Suicidal

That all sounds really positive - well done, George, I'm so very glad for you - you seem to have worked miracles.:yo:

If you do need any help with the legal nitty gritty there are many on here with relevant knowledge who would love to support in any way they can, as you know.

Then there's the rest of us who just wish you so well .....:wub: xxxx

[sphie roberts]

Re: Evicted, Homeless & Suicidal

Please hang on in there till the hearing. I am sure you will get a sympathetic ear from the judge. I am filled with shock and horror that you were tricked out of your home by your council officer. this must be reported to the complaints section of the Housing Office. You may want to go to your local church. they may be able to help you find somewhere to stay in the meantime. I wish you all the best. Let us know how you get on.