County Court advice

gemstar_2

Hello

I was wondering if anyone could share an experience of county court with me so I know what to expect.

It's not actually for me but for my former husband but I am having to go as an interpreter as he is deaf.

Basically following a heart attack in 2010 our marriage then ended. For the firsst time in his life he had to take some responsibility for his own finances and stuffed it up big time and fell into massive rent arrears. He was depressed at the time and not in a good place. He didn't tell anyone and it mounted and mounted, it went to court, (he didn't attend) and he was ordered to pay the rent + 100 per month - (He works and this is affordable) he managed this for a bit and then stuffed up again.

He was served with eviction notice last week and that is when he finally came to me (well - made it my problem!)

I have assisted him with filling in the N244 form andhanded it to the court and been given a date for a hearing (to stop the eviction and make a serious payment plan)

In the mean time he has made some payments (more on pay day).

I suppose my question is, what can he expect. What are county court judges like? In my head they will be very stern adn their descision is what could ultimatley save his home or make him homeless. Would they consider that he made a mess beause he just couldn't cope but now understands just how serious this is and wants to put it right? Could his housing association still insist he is evicted?

God I'm so scared!!!! Please advise.....

camuk81

Gem star can't just read and run have you tried speaking to your local Cscs or posting in the thread at the top of the page.

fatbelly

What did you propose on the N244. Did you ask the court to suspend the warrant on the same basis as the suspended possession order (i.e contractual rent plus £100 per month)?

As long as that is supported by some sort of financial statement, I find most judges will grant it, perhaps with a bit of a lecture.

I have known these hearings to be on the morning of a lunchtime eviction, with the bailiff waiting outside the court to hear the result! So that can be a bit tense.

Generally, Housing Associations are OK - they just want to see payments coming in regularly. A standing order/direct debit tends to reassure them a bit.

If he has other (non-priority) debts then he needs to sort them out with CAB or similar

farcove54

Gemstar
Until recently I worked in a County Court, working with the Judges and Bailiffs. As the above poster says there could be a bailiff waiting outside while the hearing is going on . It is important to have a financial statement ready and maybe even send a copy of it to the court before the hearing so the Judge can read it before you go in. Try to arrive about half an hour before the hearing then you may be able to talk to the representative of the Housing Assoc before you go into court. My experience is that the parties can normally reach some kind of agreement ahead of going into the Judge and then they present it to him/her. The Judges do like the parties to talk before they go into Court.
I think the last thing they want to do is evict someone. I have seen the other side of Judges and Bailiffs and they are generally very helpful. Just be honest with them , I'm sure it will be okay.
Best of Luck
Kay