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

Leigh73

beanielou wrote: »

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

C'est moi!

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.

Sorry to post about this again, but I'm still stressing about this.

If I pay the full £827.21 tomorrow (INCLUDING the £100 Court Costs), then surely the HA don't have to go to Court??

Shelter didn't think they needed to go to Court either.. ie - 'out of court settlements' and all that!

Or...does the HA have to go to Court to be legally awarded / guaranteed their £100 costs back?

Cheers,

Leigh.

AGB863

my understanding is that to get the court costs back they still have to have the court hearing - and it may be that as you have cleared the arrears the charges may not be set against you.

You have 2 - options pay just the arrears and wait for the outcome and see if the costs are set against you and then pay it at the rate of £3.25 per week

or pay the arrears and the costs, but if the costs are not set against you - your rent account will be in credit for approx 19 weeks and then you would not have to make your weekly £5 payment.

Leigh73

Thanks for that.

I like the way you've kept things simple..just what I need right now! :-)

Will have a think and decide by tomorrow.

I think the best plan is to pay the arrears and then wait until the court hearing, to see what the Judge says re costs.

However, I would prefer to be ahead of myself re the rent!

Thanks again

Leigh.

Leigh73

As one door opens... (I'm sure that should be the other way around!)

Just as everything was getting sorted, I only just found out that my ESA is going to be late :-/

Due to me not having my head on straight this last week, I posted my Doctors note late, off to the DWP.

Because of this, rather than them paying me the ESA tomorrow - every other Friday as per usual, they just told me that it won't reach my account until next Tuesday!

I asked her if she could arrange for the same day transfer (they've done it once before) tomorrow, but apparently not, as the money has already gone off to the account..

What a f* cking nightmare - I have no dosh left at all. The Electric is on Emergency Credit (about £1 left, which I doubt will even last until tonight :-( )

I'm meeting my Girlfriend tomorrow, and she's already offered to help with the rent arrears, so I can hardly tell her, and it's her Birthday on Sunday, and I was looking forward to treating her!

Talk about timing. Feeling very angry with myself, for not getting the Docs note to them sooner.. and the DWP for not seeing sense :-/

Is there nothing the DWP can do, does anyone on here know?

dancingfairy

I would check things with regards to the arrears becuase I have a feeling that for me (private rental) that if there is a history of being behind with the rent even if it is brought up-to-date before court that the landlord can take court action for reposession. I do not know whether that applies to HA tenants but it might be handy to check your tenancy agreement or get hold of their arrears procedure just to check.
Sorry - df

beanielou

The difficulty with the DWP is if the money has already left them which you say it has.