About to get a 'Postponed Possession Order' - Am I going to be evicted?

Leigh73

DarkConvict wrote: »

If you can, pop in and see him in person.

Good thinking DC.

This is not possible however, as they are not local.

I am about to email the HA as per below -

Dear Mr ...................,

Further to our telephone conversation yesterday, regarding the rent arrears and court proceedings, I am pleased to confirm that I will be in a position this Friday, 29th January 2010, where I can pay you the full £727.21 rent arrears + £100.00 court costs = total of £827.21.

Would it be possible for you, to please confirm via return email, that no further court action will take place once the £827.21 has been paid in full, and that all possession action will be stopped?

Many Thanks,

Kind Regards,

Mr .........................


Does this seem ok guys?!

Leigh73

Update -

I've just had a letter from the HA -

Third paragraph in, it states "If you make an agreement and keep to it, we will ask the Court to award us a postponed possession order which means you can stay in our home, as long as you keep the agreement or clears in full."

So, essentially, are the HA saying, that even if I do pay the arrears in full this week, they will still go to Court and get a postponed possession order against me anyway?

That doesn't sound right!

Any help regarding this would be most appreciated.

Thanks,

Leigh.

AGB863

Just to confirm that you make the payment direct to the HA and that includes the court costs.

Let us know about why the local authority did not pay the account from the date you requested.

Leigh73

AGB863 wrote: »

Just to confirm that you make the payment direct to the HA and that includes the court costs.

Let us know about why the local authority did not pay the account from the date you requested.

Just checked with the Council, and they confirmed that the HB had in fact been backdated to the Monday after the 27th October - ie - 2nd November, which is fine.

Leigh73

All seems OK now -

I called the HA this morning to confirm what happens next.

I told the HA chap that I can pay off the arrears this Friday.

HA chap said that if he arrears are cleared, then he will still go to court hearing (1st March), but only to claim back costs, and not for a postponed possession order.

Once all arrears are cleared, there will be no further action, and my flat will be safe

Does all of this seem sound?

I think it's sorted, and I trust the guy, but I really want to put this behind me!

beanielou

Who is HA guy claiming back the costs from in court?

AGB863

Because the HA had applied to the court for the Possession order, the costs have to be added to the original posters account - they already have the court date set and the HA have to pay these costs at the time of applying to the court for the hearing.

This is just a formality.

Leigh73 - once the arrears are paid off - including the court costs, there is no further action against you that can be taken by the HA as your rent account will be up to date.

As long as you pay the shortfall that the housing benefit does not pay each week. you will be ok.

beanielou wrote: »

Who is HA guy claiming back the costs from in court?

beanielou

So the set fee of £100 is all then?

Leigh73

AGB863 wrote: »

Because the HA had applied to the court for the Possession order, the costs have to be added to the original posters account - they already have the court date set and the HA have to pay these costs at the time of applying to the court for the hearing.

This is just a formality.

Leigh73 - once the arrears are paid off - including the court costs, there is no further action against you that can be taken by the HA as your rent account will be up to date.

As long as you pay the shortfall that the housing benefit does not pay each week. you will be ok.

Hi AGB863,

Thanks very much for clarifying this.

That makes sense then, that if the HA have already been charged the court costs at the time of applying for court hearing, then they are (as the HA guy confirmed) obviously looking to reclaim their costs back.

My worry was that they were going to court, to carry on with the postponed possession order regardless..

You say that once the arrears and court costs are paid, then no further action can be taken against me. My only remaining concern, is regarding payment of the court costs -

ie - Should I pay just the rent arrears tomorrow (£727.21) or the rent arrears AND the court costs as well (£727.21 + £100 costs = £827.21)?

I asked the HA guy, and he said it'd probably be best to just pay the rent arrears now, and wait for the court to confirm the £100 costs - ie - to pay the costs AFTER the court hearing.

When I also spoke to Shelter, the lady there said the same.

She advised me to pay only the arrears and to wait until the court hearing re the costs, as once the judge can see that I'd cleared the rent arrears, then he *might not* ask me to pay the costs (which will be billed to the HA instead), as they will wonder why after my paying the debt off, the HA have gone to Court at all!

But if as you say they *must* got to court in order to reclaim their (already billed) costs, then I understand why he's going.

Is there no way then, that he may after all go for a possession order anyway?

I'm only concerned, as the guys on the MSE Housing board reckon he will just to ensure he gets his money in the future.

Of course, I'll be paying the arrears off in full tomorrow still ( as well as my first £10.00 shortfall payment for the current rent), but I'd rather not be in such a vulnerable position though, with a possession order hanging over my head!

Thanks again,

Leigh.

Leigh73

beanielou wrote: »

So the set fee of £100 is all then?

I hope so!