*URGENT* Please help, i think i'm going to loose my home :(

I think what they are saying is that you have only been paying the arrears and not the additional £3? I would ring on Monday to clarify the situation and then get some legal advice via CAB or try shelter - link attached
http://england.shelter.org.uk/home/index.cfm
Hope that helps? Is there anyone (family etc) who could help you financially? Are you able to get more work or more regular work as this seems to be part of the problem? Places like tesco are very flexible on hours but I appreciate its hard as a single parent with childcare costs etc. Can you post your SOA to show whats what?

hi there, and first of all, take a deep breath, and get yourself a cup of tea. from the wording in the lettter they seem to want to first of all check that you think their calculations of rent arrears are correct, my advice would be to go in on monday and talk to the council. have you got enough money to pay the arrears on monday? or at least a payment as a gesture?

Hello melly
I agree with what's been written above - it sounds like they want to check you agree with them - and it sounds like you do - and importantly they're telling you you have the right to apply for a further postponement. It sounds really important that you keep on paying that £3 that's paying off the shortfall - it'd be awful to lose your home for £3 a week, really terrible. The rent and that £3 (and your council tax) are your priorities, really, as they keep the roof over your head.

I don't know much about this area of things, but I do know its hard. Keep calm, and keep your blood sugar even- it can sound odd, but it really helps to be able to think properly.

All the best

Hi Melly,

First off, don't panic!!!

In retrospect you should have contacted your Housing Officer when you had a problem making the payment 3 weeks ago and also to make sure you are paying enough each week. I know it's a pain to do but in cases where your wage fluctuates it is essential.

If you are only paying what the court order says plus what the HB website says are you taking into account that you *may* have an overpayment which is being deducted from your ongoing housing benefit resulting in your rent not being met - that is what I suspect has happened from the wording of the first paragraph (shortfall of housing benefit).

Reading the letter, yes it does sound like you will be referred to court even if you speak to your association. However, that in itself isn't a reason not to ring them! At this stage, yes there is a possibility that you will lose the property but it isn't a foregone conclusion. Without knowing what the exact court order itself says (ie the type of order given - posession postponed with date to be fixed, possession in x days suspended, adjourned etc) its hard to say what is going to happen next.

Looking at the letter I would guess it is postponed with a date to be fixed, which basically means that when you were taken to court in June the association weren't given a date to take possession of the property and as long as you maintained payments then they couldn't take possession. For them if payments haven't been made as they should have been this is the next step - applying for a fixed date for possession. When this is received if you don't move out they will then have to apply for an eviction warrant. This all takes time.

I think it is up to the judge whether to have a hearing for a date to be fixed - if he does then you obviously turn up at court on that date and put forward your case. I would also suggest if they do refer to court for a fixed date then see if you can ask at the court whether they will have a hearing to prevent the date from being fixed. If this can't be done and a fixed date is given you will have right of appeal when you receive your eviction date.

Obviously ideally you don't want it to get this far, but it's only fair to warn you what may happen. Ring them first thing tomorrow morning and speak to them and let them know what your situation is and ask if there is any way it can be stopped from referring to court. Depending on the level of arrears they may not refer it to court but from their side I would imagine they have been contacting you for some time about this as they have strict procedures to follow. If they can stop it and are willing to do so, look on it as lesson learned and keep in touch with them to make sure you are paying enough - honestly most people would prefer not to refer cases to court and would much rather talk to you regularly to stop this happening.

Don't offer more than £3 a week - if you can pay more than that pay it but the offer has to be affordable for you and if you are on benefits then £3 pw is all that the court would award.

Stop worrying about it today, there is nothing you can do. Call them tomorrow and PM if you need any help.

Zingara
x

I would just like to add a little advice here. Please speak to your housing officer tomorrow and fully explain the situation. Carrying on paying the £3.00p/w they "May" refer it back to court but this is just procedure. From experience once the Judge sees that you are making your payments as agreed he will not move to give them possesion of your home. Your housing Association would be loathe to reposess your home as well as they are usually charity based and are more concerned with keeping you in your home and recieving the arrears. I am sure your housing officer will be sympathetic. If he/she is not then ask to be referered to there manager.
Most of all please try to stay calm today and relax, you cannot do anything until tomorrow morning and just as a bit of moral support have you a friend or relative that could accompany you tomorrow to see the housing and help yout o explain your predicament.

))))))))))))))))))))))HUGS)))))))))))))))))))))))))))))