Claim for Possession sorted - onto the next Chapter :)

MissConfused_2 · 28 December 2008 at 10:08PM

Hi Guys,
Great start to the NY this is gonna be! Right, basically, I am in quite a lot of debt, have made a resolution to get everything in order, have contacted Pay Plan but have to go through my credit files before they can help, but right now I have a slightly more urgent issue. I have recently received a Claim for Possession form from the Court, via my landlord. It was issued at the start of December saying I owed £785 in rent arrears. I have made a payment arrangement with them of £85 a week, which is the rent plus £15 off the arrears. I have been paying this since 14th November, and I have also made additional payments when I can, so the arrears are now £513. They aren't willing to cancel the court hearing because they sent me a Notice Seeking Possession in February this year, and due to one thing and another, mainly work problems, I defaulted on the agreement. The court date is 6th January and I am very worried. I am a single parent, and I work full time, yet I'm hopeless with money, hence this situation I am in now. I wondered if anybody knew what was likely to happen in Court and whether the Court will grant possession back to the Landlord due to my erratic payments previously. I am hoping to pay another £400 off the arrears, but I don't get paid again until the 9th Jan. Any advice appreciated, as Im currently very worried (I realise it's my fault I'm in this situation though, I just want to now do something about it). I don't want another year of feeling scared each time the phone rings, or the door goes.
Thanks

To_be_Free · 28 December 2008 at 10:43PM

Hi sorry cant help but didnt want to read and run I am sure someone with more knowledge of these things will come along soon.

angelflower_2 · 28 December 2008 at 11:03PM

have you been to see your local council. This is an absolute priority because as long as all the paperwork is in order, it is likely the court will order posession. This might be awful to think of but might be better in the long run. Only thing that concerns me is your rent currently seems to be quite low already so perhaps you are already in social housing?

If this is the case and you have been making payments as per your latest agreement and have in fact paid more, the judge may be more understanding. You need representation or specific housing advice asap. Talk to your local housing advice place too and ensure you take all your paperwork so they can work on your behal.

Hope that helps

MissConfused_2 · 28 December 2008 at 11:21PM

angelflower wrote: »

Only thing that concerns me is your rent currently seems to be quite low already so perhaps you are already in social housing?Hope that helps

Hi Angelflower, yes I am currently in Social Housing. I rent from BPHA, on the whole they are very good, but I am getting frustrated as they won't accept a payment arrangement, but I guess it is their call. I am going to make a phone call tomorrow to a Solicitor and hopefully get some advice, I have also been advised to attempt to postpone the hearing date to get things in order - would you know how I go about this? I am a total novice, I apoligise, I am hoping there are people on here, that know more about it than I.
Thanks in advance.

mummytofour · 28 December 2008 at 11:37PM

Give shelter a call, hopefully they will be able to advise you.
I wish you luck :-)

Fire_Fox · 28 December 2008 at 11:55PM

It seems to me you must show your landlord and the court that this time is different to previous occasions when you have been unable to keep up with a repayment plan. It may be that having Pay Plan involved is the reassurance the other party needs: how far have you got with this?

MissConfused_2 · 29 December 2008 at 12:06AM

Hiya,
My last contact with PayPlan was a conversation on the phone, with them talking to me about my debts. They need details on what amounts I owe to whom, before they can come up with a repayment Plan I guess. She said they don't reopen until the 5th, so i will have to have everything in place for then, so I can proceed. I definately need some help, because I am useless with money, and obviously I'm not going to get any better if I keep up the way i am now.
Would you advise getting a Solicitor? I realise I've left it a little late now, with it being Christmas/New Year. I'm just hoping I can sort something out.

angelflower_2 · 29 December 2008 at 12:25AM

A solicitor will cost you. Approach shelter first. They are sometimes able to represent people or can give you the right advice on getting this sorted out.

If you look at your notice for possession, what are the grounds they used to get you out? I only really know the scottish law but if it is the same and they have used rent arrears as the grounds, it is unlikely the court will grant the reposession if you have kept up with your payment plan since November and you are now under 3 months arrears. There are only some of the grounds that give an automatic right for possession - not sure if BPHA will come under social housing in the same way as a council as dont know who they are but our local council cannot terminate if rent arrears are under 3 months and a payment plan is being kept up to.

This paperwork may have been served as a stark reminder to keep up your payment plan.

Are you able to borrow any money from family to make a larger payment towards the arrears?

Can you get all your paperwork together and put up your statement of affairs on here prior to contacting payplan? That way we may be able to help you before your date and work out ways you can bring in/save money to pay to your rent.

If you could use the sticky at the top of the dfw page, (makesenseofcards.com ) it produces in a standard format which makes it easier for people to see exactly where you can alter things. Fill this in as fully as possible and include any interest rates you will find on your paperwork.

Trollfever · 29 December 2008 at 12:33AM

If you are unable to contact Shelter:

Be first in the queue at the doors of the court on repo day.
Take with you a list of income/expenditure and assets/liabilities.
Ask to speak to the duty solicitor and/or the CAB court desk.

http://www.shelter.org.uk/

MissConfused_2 · 29 December 2008 at 12:35AM

angelflower wrote: »

A solicitor will cost you. Approach shelter first. They are sometimes able to represent people or can give you the right advice on getting this sorted out..

Hello again, Ok, I will phone Shelter tomorrow morning, I just didn't want to appear in court by myself thats all.

angelflower wrote: »

If you look at your notice for possession, what are the grounds they used to get you out? I only really know the scottish law but if it is the same and they have used rent arrears as the grounds, it is unlikely the court will grant the reposession if you have kept up with your payment plan since November and you are now under 3 months arrears. ..

I have just looked at it, and it is Section 8, ground 10 - which is rent arrears, and yes I have kept up with it since November, and I have paid lump sums in addition to what I agreed to pay also. It is currently sitting at £513, so under 3 months, as my rent is 68.05 a week, so just under £280 a month.

No, I don't want to ask my family or friends for the cash, but I will be able to make an additional payment of £350-£400 on Wedsnesday this week, I won't know how much exactly until tomorrow evenings, so that should help also.

I will definately have a look at that statement of affairs, I really need some help with all things financial, so any assistance you guys can give, would be greatly appreciated.

I have been advised elsewhere to write a letter to the court (if I can't appear), as it will be looked upon favourably? Does that help do you know? I was just planning on writing something along the lines of an apology, listing how much I'd paid since the claim was issued, stating I'm a working single parent etc...but i didn't want it to sound like an excuse....

angelflower_2 · 29 December 2008 at 12:47AM

well it does sound like you will have grounds to contest it so yes, speak to shelter and see what they say. They can help you write up your letter too if you dont want to attend. If you can attend though, this might be best.

Look forward to seeing your soa tomorrow (as off to bed now)

Well done on taking the first step in getting this sorted out....try have a decent sleep tonight as tomorrow sounds like it will be busy!

Claim for Possession sorted - onto the next Chapter :)

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