When you are living in an assisted living place (Beschermd wonen) and the assisted living place applies for the 'terugkeer naar zelfstandig wonen' there is nothing you can do about it as client. This has made me homeless and I also lost a court case because laws do not protect my rights on this part.
Woonzorgnet
In December 2018 Elselien Schippers from Woonzorgnet B.V. Who was at that time my personal mentor (against my will because we couldn't get along) applied for 'terugkeer naar zelfstandig wonen' at CAK on my behalf.
However, this was never communicated to me. In fact, I did not even know about this. Instead, after it was done they notified my parents somewhere during Christmas time 2018 and because I have great parents, they notified me. Because communication between me and Woonzorgnet had already been broken down entirely by this point, this was like adding fuel to the fire.
Even if it was communicated with me, I would have never agreed to it. Not now, not never. The reason is simple, if I would, it would give Woonzorgnet the proof they need to evict me because they were already searching for more than a year by now for a legal way to get rid of me. And nobody is going to be stupid enough to collaborate on (speeding up) their own eviction. It's also unreasonable to think otherwise because it kills your primary human need for shelter.
CAK
Somewhere begin January 2019 when the holidays were over I reached out by phone to CAK as earlier was not possible. I told them about the situation and they fully understood what went wrong, or so they say. So I demanded that the application sent by Woonzorgnet would be revoked, destroyed and anything done so far reversed. This would include any payments to me to be immediately stopped. To my nasty surprise, everything could be stopped except the payouts.
I was not accepting this and demanded that the payouts were also stopped. The argument between me and the customer service of CAK became so heated that the CAK yelled at me with: 'You should be happy to get the payouts, stop complaining or I will cut the phonecall!'. Because I don't take being threatened well I yelled back: 'Don't you dare to make the mistake of hanging up on me, I will sue CAK into destruction for this if you do not immediately stop the payouts!' And what did they do? Hanging up on me. Remember this, I will refer back to this phone call later in the story.
So as the payments start to come in I tried to be smart. Instead of paying the reduced amount as is defined by 'terugkeer naar zelfstandig wonen', I kept on paying the full amount as usual by bank transaction except to find out that CAK reimbursed me the excess 2 days later. This went on for 3 months and I was so fed up with it of being now technologically blockaded as well to pay the full amount I gave up. I heard nothing from them for 6 months until around July 2019.
In July 2019 they reached out to me, stating they have made a correction invoice (hence the title of the situation) which I had to pay an excess of 776 euros back. It couldn't have come at any worst time because this was the last month I would be at the assisted living place and every day went into fighting like hell to stop my illegal eviction scheduled for 1 August 2019.
Over the course of the next few months, I've explained to them the situation. 6 times in various ways. Phone calls, emails, letters, both by me and from Milan Ahoud which spent 2 hours per week as a de facto social worker (who at that point was still a volunteer). It was not enough to make CAK see the error in their ways which resulted in a rejection of my appeal.
Nationale Ombudsman
In the rejection of my appeal, CAK mentioned that if I was unhappy with the outcome I could go to the Nationale Ombudsman and so I did. However, 7 days after I've reached out to the Nationale Ombudsman with a request to look into my case, a letter from the court dropped in my inbox. I got sued by the debt collection agency GGN on behalf of CAK.
What bothers me is that it took the Nationale Ombudsman about 9 months from beginning till end to give an official verdict. They work tremendously slow that my court verdict was already in for a month.
Court
So I had to go to court. First a hearing, then a second hearing which was the actual process of my case. I had given the court all the written evidence I could gather. There was only one piece of the puzzle missing, that phone call I had with CAK at the beginning of January 2019. I am convinced CAK still has that phonecall in their logs but is not willing to make it public because it would prove my innocence. However, what bothers me is that I have requested the judge to use her powers to demand that phonecall to be heard and she was not willing to do that.
In addition, and this is only after I got the verdict. The judge never responded substantively to any of my 6 points given to plead my innocence. This is how I've lost the court case costing me 3000 euros.
Higher court
So of course I found the verdict utterly unfair and wanted to go to a higher court. However, finding a lawyer proves incredibly difficult. Out of the 40 I have reached out to, only 4 replied which eventually 1 was willing to pick up the case initially.
But we ended up in a quarrel because I got accused my case had very little chance of succeeding whereas I was convinced that I would only lose if judges take the liberty to decide what points I bring in as my defense is being processed. I demanded that all the points I bring in will get from the judge a substantive response to prevent losing the court battle.
But my lawyer was not willing to help me out securing guarantees and kept on complaining whilst I was pushing for stability and securities to ensure clear rules of engagement for a fair trial. Her refusal made me unable to pay her and things broke down. Due to the longevity of my search as well as everything broke down my timer for going to the higher court expired making this verdict permanent.
GGN
So as it stands right now I have to pay GGN 3000 euros. I told them they could get 10 euros per month. They demanded 25 euros per month. We got into a heated battle where they tell me I have no power to decide what the amount is going to be and I told them to 'f*ck off because you can't pluck a plucked chicken. It's 10 euros per month or none'. So GGN sends me a letter to write down all my income and expenses and so I did and now it's a waiting game.
Well, this is going to be a long one. But here we go.
Woonzorgnet
Pay me back 3000 euros for all the losses I have incurred due to the court case.
Elselien Schippers as well as Netty Roelofs (teamleader) should be fired for her participation in an illegal application for 'terugkeer naar zelfstandigheid' without my knowledge nor consent.
A heavy fine for the entire management equivalent to 50% of their annual salary for not stopping this illegal practice when they knew about it
The obligation that for the 'terugkeer naar zelfstandig wonen' or any other application a signature by the client is required before they are allowed to do anything on the client's behalf on the punishment of having their license as a Zorg In Natura (ZIN) institute revoked for 2 years per incident.
CAK
The obligation to place in their processes that for any application send by a Zorg In Natura institute a signature by the client is included. In fact, it must also be checked if this signature was placed out of free will or under the threat of being evicted otherwise.
The obligation that it becomes technically possible that stopping the application also automatically means stopping the payouts.
The obligation that CAK only has the time until the first payout happens to come back at her earlier decision. After the first payout happened CAK loses automatically the right to reclaim indefinitely.
The firing of Micheal <insert last name> for failing to prevent the situation from escalating further after having been explained the situation 6 times to him. This was blatant ignorism.
The firing of the person who was responsible for making the rejection of the appeal verdict to send me to the Nationale Ombudsman and sneakily also report me to their debt collection agency at the same time.
When CAK refers to the Nationale Ombudsman for the next step automatically being restricted to use the debt collection agency until a verdict from the Nationale Ombudsman is in. In case the verdict is taken to court, then to the higher court, and even to the European court. All of those steps must be done first before the debt collection agency is allowed to be utilized.
Nationale Ombudsman
The obligation that their verdict will not take longer than a month on the penalty that they have to hire private investigators to speed up the process if they can't make it in time.
A yet to be determined punishment for their involvement in not condoning the dangerous situation of power abuse where ZIN institutes can evict the clients they hate by applying for 'terugkeer naar zelfstandig wonen'.
Lawyers
Advocate for the creation of a system that would enable automatic lawyer allocation to the client with no chance for the lawyer to refuse
Court
The obligation that the judge has to go through all the points given by the involved parties and provide a substantively reply to each of them.
The obligation that before a verdict is given, the judge will outline how the current situation stands before a verdict has been given to allow involved parties to provide additional evidence to support their claim to sway the current situation in their favor.
The creation of a fund that will pay out automatically to people like me who are being victims of unjust (application) of laws if they lose (Difference between being right and getting right).
Higher Court
The removal of payment barriers
The removal of time limits to send in an appeal
GGN
Pay me 500 euros for harassment of knowingly unfair debt collection
The ability to refuse their clients to take on a debt collection if they know its based on an unfair ground
The obligation that what the indebtor can offer to pay back to be the amount that will be paid back, no quarrel about this!
This whole situation is like a waterfall of injustice, and all the systems have failed me. All these institutions should be hacked, bombed, and the people inside killed for their crimes against society. I will not commit those acts myself, but for those that are reading this and have the means to do it, I'm not going to stop you from unleashing the pain on these institutions. Make them suffer just like how they made me suffer!