• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Lies in court...

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Lies in court...

    7th March 2019
    I'm prety sure it's too late but I've had to revisit saved paperwork recently. I come across an Order for Possession that was heard in County Court.
    It says... Upon hearing Mr. *** representing Council,
    and Upon hearing Mrs. ***(me) in person
    This order has been made on discretionary grounds and the court orders that
    1.The defendant give the claimant possession of *** on or before 4 April 2019.

    ​​​​​​And it is adjudged that
    The claimant recover against the defendant the sum of £578.00 for debt and interest to date of judgement and £325.00 for costs amounting together to the sum of £903.00 paid in full by 4th April 2019.

    The problem being I never went to court. I am Agarophobic, I don't go out at all.
    The reason I'm looking at paperwork is because of a dispute with the council at the moment. They did evict me after 28 years at property, but not until July 29th 2019. They knew I had several health and mental health issues including I can't open mail, or use a phone, contact in general is hard. I did have floating support for 1st time in 20 odd years but when I moved out the support finished, despite me explaining that I was afraid that after the trauma caused being Agarophobic, not going out, not being able to leave room at times, then having to move after all them years, I knew my mental health would spiral. I did reach out a month later explaining by email again but I have ended up in council tax arrears & council applying for order for sale.
    So when I saw that the possession order was given on a lie. I'm a little evil to be fair. There is a lot more to story but I've rambled enough sorry.

    Tags: None

  • #2
    Were you living in a council property? Did the council have to house you after eviction?

    Comment


    • #3
      Yes I was in a council property, I had lived there 28 years. No they didn't rehouse me. I inherited a house but I couldn't bring myself to move so considered selling the house I inherited and buy the council property. I was grieving the loss of my dad as well as long term depression, PTSD, undiagnosed neurodivergence (adhd/add/odd) I haven't been able to go out, use phone or open mail for years & trying deal with probate that the solicitor dragged on for almost 3 years. Thats how the rent and council tax went into arrears, I was receiving benefits & didn't even think to change circumstances, my head was scrambled but it really was not intentional, just a million things to do and I was overwhelmed.
      The council suspended the right to buy, two years in so that decided my fate and by then I knew about the arrears, my benefits stopped and I had paid the arrears but had nothing left to pay rent. So when it got back to court there were arrears of £900 odd but £650 were court costs. £325 for a hearing that the council said I spoke in person, and possession was granted, I 100% didn't due to Agarophobia. £325 for a hearing that the council asked to withdraw because I had paid the debt, but asked that I pay court costs.
      It's a long and very confusing explanation I know, sorry.

      Comment


      • #4
        I am unsure of what to advise - I doubt that the error would make a difference - perhaps atticus would have a view?

        Comment


        • #5
          No view, other than that you appear to have left it much too late.

          Also, I think it more likely to have been an error in drawing up the order than lies.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Guides and handbooks for Litigants in Person - :

          https://legalbeagles.info/forums/for...60#post1701560

          Comment


          • #6
            I agree. My advice is to contact you local councillor who may be able to work with the council to sort out repayment over a longer term and avoid a forced sale due to your health conditions.

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
            Working...
            X