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eviction advice

13

Comments

  • boo2410
    boo2410 Posts: 316 Forumite
    So is this an old arrear that you paid a lump sum off when you got your redundancy and then chipped away at the rest? How much was the debt when it was at it"s highest and when did you first go into arrears?

    If you can give us all the facts we can perhaps understand better.
  • mellymoo74
    mellymoo74 Posts: 6,529 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    1203.58 at highest 7 months ago paid 763 off in Nov paid 120 off with the extra payments 320 left
  • boo2410
    boo2410 Posts: 316 Forumite
    I can only guess then that because your arrears were so high originally and perhaps you didn't keep in contact with them as nuch as you should have then they are taking this action to ensure that the rest of the money is paid.

    We would always put someone into court for that level of debt if payments were sporadic as we have to protect our interests. If i had a pound for every tenant that had made an agreeement then not paid I wouldn't be working now!!!!

    The judge will either grant the SL a Suspended Possession Order for your current rent plus £20pcm off the arrears or it may even be Adjourned With Liberty to Restore on the same terms. I don't think the case will be thrown out.

    The best thing you can do is go to the hearing and explain your circumstances to the Judge and he/she is likely to be sympathetic if this is the first time you have been in arrears.

    If you think the arrears protocol hasn't been followed then you should ask for a meeting with the manager.

    Can I just ask, why did you not claim housing benefit if you had no income, rather than letting arrears rack up?
  • mellymoo74
    mellymoo74 Posts: 6,529 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    Took VR as job was at risk was ill and didnt get paid sick....didnt think could claim.
    Even though the arrears were high I did keep in contact and have paid what I hqve said when I said.
    Havent spomen to the rent tewm for awhile but have been in regular contact with the housing officer because of works done to tue communal areas.
    How should I approach bearing in mind whilst im sure your lovely the rent team here just repaet you have to up your payment until you involve the LC.
  • boo2410
    boo2410 Posts: 316 Forumite
    That could be your problem, that you haven't spoken to the rent team in a while. They will ask you to pay up, that's their job, you'd be suprised at how many people don't have their rent as a priority payment (not that I am saying this is you) and go on holiday running up arrears and using the SL as an interest free loan.

    You need to make an appointment and go in and see them. Take an income and expenditure form in with you along with your bank statements for the last couple of moths so they can see that you're not pulling a fast one. Explain why you think you have been treated unfairly and find out what thet are going to be asking for in court. If they agree to you paying £20 each month get it in writing from them.
  • mellymoo74
    mellymoo74 Posts: 6,529 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    A holiday would be lovely 8 years since the last one
    Will call thwm tomorrow and see if can email over I am the only one workibg and really need to not lose my job.
    Is there anyway of stopping tue court action? Adding costs to it will take me right back.
  • boo2410
    boo2410 Posts: 316 Forumite
    Once court action has been started you can't stop it BUT The case can be adjourned on terms. Court costs are £100 I think if done online (more if done manually) and these are usually paid after the arrears are cleared. Also it is up to the Judge whether costs are awarded, your INcome Officer makes the request at the hearing.

    Can you not take an hour or two off work and make the time up? Or take some holiday? It really would be better to see them in person then there is no misunderstanding, or could your other half go if he is a joint tenant?
  • mellymoo74
    mellymoo74 Posts: 6,529 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    Couldnt get through again this morning so have drafted an email included I&E and a copy of my payslips I have offered these before but have always been told no lets see what happens
    Thank you for your help
  • boo2410
    boo2410 Posts: 316 Forumite
    You're welcome, hope it works out for you.
  • mellymoo74
    mellymoo74 Posts: 6,529 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    So, I have gone through the rent statements and the forms sent to court and the figures dont match they dont even match the figures in the email chain. They have quoted 4 different sets of figures so far that jump all over the place.
    LC has got nowhere with them
    HA is refusing to discuss payment plan, not admitting the figures don't match (despite me including rent statements and the emails showing this) and have CCd me in to an email chain discussing me in tones that are both unprofessional and blumin rude.
    They have also taken to just turning up to complete the repairs that I chased and seem really puzzled as to why they cant just go in and do them (err I am at work, husband and dogs are at home, husbands mobility is poor at the moment)

    Will be sending my defence forms in today but im really at a loss on how to deal with them going forward any advice?
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