Bankruptcy / eviction / benefits :0 (

bobbieg

Some advice please on eviction and bankruptcy. I made myself bankrupt in March this year therefore I am undischarged currently. I live in temporary council accommodation and the rent is sky high although i recieves some housing benefit, I pay most of the rent. I have fallen behind with the rent payments and the the council have taken steps to evict me, we went to court and they told me although they had been given the right to evict me they would accept £150 per month off of the arrears on top of my rent to delay the eviction. I pay my OR £34 a month this is what they say is left of my wages so obviously I didn't have the £150 spare however I agreed as I wanted to try to keep a roof over my families heads (I'm a single mum to 3 boys). As I wasn't able to make the £150 payment the council are proceeding with the eviction and I have a date the first week of December we need to be out by. However, I have an overpayment of housing benefit, which was caused by them taking 8 weeks to process my new wage slips, they take £24 a week from my housing benefit to cover this, I told them I could not afford this and they said there was nothing they can do, also I recently submitted new wage slips and they had under paid me by £1000, however they decided to take £400 back towards the overpayment. Can they actually take this money back whilst I am undischarged and also whilst I am being evicted for rent arrears?
I am aware of form n244 which I will use.
The duty solicitor at the court told me it was highly unlikely the judge will grant the eviction whilst I'm undischarged but on what grounds?
Many thanks

Rrushi_Shqiptar

How old are your children? what housing is it your in (pvt landlord or council flat)

I am not a solicitor nor an accountant but I have been to court 3 times regarding eviction at the beginning of my bankruptcy.

Use the N244 and duty solicitor. Fill out a budget plan or a copy of your SOA truthfully, take all your bank statements and BR papers with you to support your claim.
the council have a duty to house you as you have children. Speak to CAB, if you can get an appointment, call shelter and or step change.

Do not be afraid in the court, its quite informal, just be polite and try not to be reactive if the council say something you disagree with. Reply calmly. Have you a friend you can rely on to look after the kids if not at school? a friend who can go with you to the court.

I cant imagine if you lay the facts down to the judge sensibly regarding the overpayment and how it is making you struggle. Explain the reason why you accepted the previous amount was due to blind panic and you were scared to ask for anything else.

Its too late to offer a different rate to the council but you can try at court and the court can make an order that if you keep to it the council should not raise.

Be absolutely honest because if you say one amount and fail to pay you could be in breach of a court order and that is worse.

Seek legal help where you can. Step Change, Shelter, CAB.

It can change in your favour at the last minute, it did for me. Bailiffs and locksmiths at the door then called of by the judge.

Good luck and try to stay positive.

debt_doctor

Hi,
The council has discretion to take back overpayments in any manner they choose, so they absolutely CAN do something to help and they should.
Was the benefit overpayment created after your bankruptcy date? If so then they can collect it back. Fill out a 'Mandatory reconsideration' regards their collection rate and be prepared to appeal.
You also must not be paying in to an IPA - you don't have enough money to keep a roof over your head - hardly meets reasonable domestic needs does it?!
I would urge you to go to your local CAB and discuss your issues there. You also should contact shelter.
Good luck with the N244, also bear in mind that you have priority need for re housing due to having children and from what I see, cannot find any reason that you would be held intentional homeless.
DD

debt_doctor

Also...
£150 pm towards the arrears is considerably high, and looks like should never have been agreed to (I understand the pressure put upon you).
Most of the N244s that I process are for ongoing rent plus £3.70 - £5 per week off the arrears, and I think your new N244 should reflect this.


You must seek advice.
DD

bobbieg

Thanks for your replies.
The property is private sector lease via the council. As we are in here we are now longer priority need, for the next 2 years until we move up a band, then we will become home seekers band again. My children are 7 and twins are 4.
Thanks I will use the n244 former and get some advice from shelter or cab. I am a unison member too so I will contact them for help. The council have offered that I clear all outstanding debt including court fees and I can stay but I just can't afford that. I will email them asap regarding the overpayment though, if they would just cancel that until my bankruptcy is discharged it would take half of the debt away.
Many thanks for your help

Rrushi_Shqiptar

bobbieg wrote: »

The council have offered that I clear all outstanding debt including court fees and I can stay but I just can't afford that.Many thanks for your help

Glad your getting advice. The council have suggested you clear the debt. Work out what you can afford and at court it can be offered in front of the judge. I suspect that if they want you to pay for legal fees and you haven't been to court they are trying their luck. Let the judge decide who pays what and how much.

Get advice and quick. Go to your union, they may have someone who will go with you too court?