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council house being re-posessed any advice?

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  • thanks for all your replies, just to give a bit more info - the CSA have taken such large payments as they had backdated it. they have now as of this month reduced the amount but this does not help with the imediate problem as they have to pay the rent owed in full by friday. The council and the CAB are saying that as she has defaulted on 2 court agreements (payment plans) she will not be able to set up another or postpone payment to installments at all. She has to either pay up in full or lose the house.
  • Running_Horse
    Running_Horse Posts: 11,809 Forumite
    Part of the Furniture Combo Breaker
    emmafifema wrote: »
    the CSA have taken such large payments as they had backdated it.
    Thanks for the clarification. I know we shouldn't get too judgemental about such things, but speaking as someone who is about to do five 12 hour nightshifts in a row to support his own family, it annoys me some people try to avoid their responsibilities, and expect my taxes will suipport their children. Its a shame this woman and her four children will suffer because her husband is so !!!!less. Anyway, right wing rant over, I hope she gets the help needed from the debt free forum.
    Been away for a while.
  • They will have to try to get a loan from somewhere. The DFW board willl be the best place perhaps, to give this advice?

    The husband will then have to go and do a second job to pay his debts. From what I have read on the marriages board, he will be paying very little towards his first children's upkeep as the CSA have to allow for the four new children he lives with, even if they aren't his children. The tax payer picks up the bill for the slack.
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.


  • Running_Horse
    Running_Horse Posts: 11,809 Forumite
    Part of the Furniture Combo Breaker
    !!!!less
    Since when is f-e-c-k-l-e-s-s a rude word in need of censoring?:confused:
    Been away for a while.
  • teeni
    teeni Posts: 1,193 Forumite
    Part of the Furniture Combo Breaker
    emmafifema wrote: »
    The council and the CAB are saying that as she has defaulted on 2 court agreements (payment plans) she will not be able to set up another or postpone payment to installments at all. She has to either pay up in full or lose the house.


    This is not the decison for the cab or the council to make ONLY a judge can grant an eviction warrant and only a JUDGE has the right to suspend one.

    Your friend needs to speak to her local Shelter/or a solicitor urgently on this matter.
    The relevant fact here is SHE was A SECURE TENANT, (How long before the first application to court was made had she held the tenancy.) if she isn't a secure tenant then why have previous arrangements been made, the court has no discretion where there is not a secure tenancy to supend a possession order, if this has been done previously WHY. OR ring Shelter helpline who will confirm what action she can take. 0808800444.
  • The CSA guidelines are 15% of take-home pay for one child; 20% for two and 25% for three.

    He will get significant reductions as he is living with 4 other children (regardless if they are his children or not).
    https://secureonline.dwp.gov.uk/csa/v2/en/calculate-maintenance.asp
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.


  • squeaky
    squeaky Posts: 14,129 Forumite
    10,000 Posts Combo Breaker
    Since when is f-e-c-k-l-e-s-s a rude word in need of censoring?:confused:

    Ever since people started using the first four letters as an alternative to the four letter word that definitely gets censored :)

    Which is a shame because it's a proper word in its own right:- see here
    Hi, I'm a Board Guide on the Old Style and the Consumer Rights boards which means I'm a volunteer to help the boards run smoothly and can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com. It is not part of my role to deal with reportable posts. Any views are mine and are not the official line of MoneySavingExpert.
    Never ascribe to malice that which is adequately explained by incompetence.
    DTFAC: Y.T.D = £5.20 Apr £0.50
  • Running_Horse
    Running_Horse Posts: 11,809 Forumite
    Part of the Furniture Combo Breaker
    squeaky wrote: »
    Ever since people started using the first four letters as an alternative to the four letter word that definitely gets censored :)

    Which is a shame because it's a proper word in its own right:- see here
    I blame Father Ted.
    Been away for a while.
  • Strapped
    Strapped Posts: 8,158 Forumite
    They will have to try to get a loan from somewhere. The DFW board willl be the best place perhaps, to give this advice?

    The husband will then have to go and do a second job to pay his debts. From what I have read on the marriages board, he will be paying very little towards his first children's upkeep as the CSA have to allow for the four new children he lives with, even if they aren't his children. The tax payer picks up the bill for the slack.

    Why don't you only try commenting on what you have direct experience of, or know something about? The CSA can take up to 40% of your wages.

    I suppose the OP's friend could kick out her husband and claim housing benefit?
    They deem him their worst enemy who tells them the truth. -- Plato
  • There is a lot of misinformation and misconceptions on this thread.

    The council will have applied for a baliffs warrant. Once your friend has a date for the eviction she needs to contact the court as already advised and make a stay application. The council will oppose this from what you have said so it is the judge's decision, she needs to make a case as to why it should be stayed given that this is the third stay application and her previous possession order was likely to be only for rent plus £5 per week.

    If she is evicted she would not be re-housed, she woudl be found intentionally homeless.

    From what you have said she is no longer a secure tenant. She is now what is know as a tolerated trespasser see http://nearlylegal.co.uk/blog/2006/06/tolerated-trespassers-the-aftermath/ for information on this. Its complex and will depend on the original order that was given, but as it has been breached her tenancy has ended and all of its rights including right to buy, exchange and right to have repairs completed.
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