Eviction worries

Lisa5040

Received a letter from court today saying:
General form.of judgment or order
On the 16th November 2017 deputy district judge Britain
It is ordered that pursuant to cpr 83.2 the claimant has permission to issue a warrant for possession of land in this case this was after I spoke to my landlord advising I had come out of work and was getting housing benefit

Cakeguts

Do you have rent arrears?

G_M

Did you not receive advance otice of the court date,and did you not go?

On what grounds was the possession order issued? Arrears?

When you told the LL you hd "come out of work and was getting housing benefit", what did he say?

Lisa5040

Yes had a suspended order from Feb 2016 when I came out of work informed them and started to pay what benefits office told me to pay plus my 5 for arrears then received a letter saying I had breached the order on the 10th November called them and a gentleman said I needed to be paying 28 per week and said no one was available dealing with it told me to set up a dd which I did and then today a letter from court dated the 16th saying permission has been given to issue a warrant for possession

Lisa5040

I didn't receive any notice of this court date but had previously gone to the one in Feb of 2016 when I looked on my housing associations site it states I should be offered an interview with my housing officer I never was

[Deleted User]

It sounds to me like you need clarity. Go to the CAB or make an appointment with the housing association. Get a friend who is fairly organised to go with you. There seems to be too much miscommunication here.

If you have special needs of some kind, see if you can contact a support charity, they might be able to help you.

Have you been paying the £28 regularly? How much do you owe?

If you have problems paying, don't just say there is a problem, have a proposal for what you can afford to pay or when you will start paying again. Take the name of the person you are talking to. From your post I am not sure if you were talking to the Housing Association (lots of 'them's' lol). Obviously listening to benefits (or is that Housing Benefit) telling you how much rent you should pay wasn't good. You need to have much more contact with the HA and get CAB involved if the HA are asking for too much. Always ask for a name and confirmation by letter of any agreement you reach.

Any idea why so much post is disappearing?

When I pay rent each month, I always check what my balance is (same with council tax). Ask if you can do this if you don't already (I can do this online). Its a quick way to check for any problems.

Lisa5040

I was paying weekly rent of 114 up until I had to come out of work thru illness I informed one vision of this and started paying 21 per week but then received a letter saying I had breached agreement that's when I rang one vision and the gentleman said no one was available who was dealing with it and said I need to be paying 28 and said he will set up a dd for the amount to start to come out on the 1st of Dec and to just pay the 28 via debit card until then and said not to worry but then yesterday I received the letter from court dated the 16th November saying they had permission for a warrant of possession

HampshireH

I'm going to be honest this doesn't make sense.

A judge would not just activate a warrant. You can apply for a stay hearing and if you believe you haven't defaulted and are paying then that's what you should do but you will need to turn up in court and apply for it yourself.

However housing associations aren't In the business of evicting without reason and judges do not granted them lightly.

I strongly suggest you ask for a rent statement and a meeting with your income officer.

If 1 vision are your HA they have financial inclusion team who work with tenants in financial difficulty. Usually a judge would want evidence that they have tried to support and you have failed to engage.

It sounds like we haven't got all of the info here.

theartfullodger

A Judge would re-activate a suspended possession order if the tenant failed to stick to the agreed payments.

It sounds very like the PO was suspended whilst arrears were cleared and the court (courts have wide powers) was approached by the landlord with evidence of missed payments. See detail PO info on Shelter Legal.

Agree, approach CaB or 'phone Shelter 0808 800 4444.

However the bailiffs are unlikely until some time after Xmas (usually...)

Lisa5040

As far as I'm aware I have not missed a payment not the one vision site it states that a meeting would be set up between myself and my housing officer I never received any information about a meeting just the letter saying I had breached the order the only thing I can think of was the 3 weeks I only paid the 21 like my council told me I owed and it did cover my 5 extra payment

Lisa5040

I did get a rent statement only one missing was the 114 I should have paid but instead I paid the 21 and it showed my housing benefit payment also they were informed I had come out of work and told me to just pay the amount I was told to which I did then on the 10th when I rang was told it wasn't enough and I needed to be paying 28 to which he set up a dd to start coming out on the 1st Dec and for me to make payments via debit card til then which I have he then said not to worry now it's all been sorted but it obv hasn't as a week later dated the 16th Nov they went to court without my knowledge