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  • FIRST POST
    • Ezenia
    • By Ezenia 7th Jul 18, 6:34 AM
    • 1Posts
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    Ezenia
    Suspending a warrant of possession?
    • #1
    • 7th Jul 18, 6:34 AM
    Suspending a warrant of possession? 7th Jul 18 at 6:34 AM
    Hello,

    My Housing Association has decided to apply for a warrant of possession due to unpaid rent arrears. Due to my Housing Benefit being suddenly stopped and being unable to come up with any resolution, the debt climbed up to 3485 and of course this prompted the Housing Association to take action against me.

    I understand why they're going and I am intending to clear the arrears off. However, my student loan comes in September 2018 which means I can't pay the debt off in full until then. I am able to make small (sometimes full rent on some weeks) to stop it climbing further leading up to September where I can then clear the remaining arrears off completely. I proposed this plan to my Income Officer but unfortunately he said management did not agree to this and will not be able to halt further action until September 2018.

    I am immensely stressed because of this. He's told me they have applied for a warrant of possession which means I will get the notice soon. I don't know when, but all I know is the dreaded notice is on its way.

    It sucks because I know I will have the money to clear the debt off completely soon. I just can't convince my Housing Association of this. I'm not able to get the money sooner which is the only way my Housing Association will be satisfied it seems.

    The reason the Housing Association are able to apply for a warrant of possession as opposed to starting over is because of a previous order I had several years back for a different amount of arrears. I had to go court for that and it got sorted provided I kept up with my proposed payment plan back then (I was worse off with very little money coming in). It took time, but it eventually got cleared and went into credit even. Apparently this order is active for 6 years allowing the Housing Association to bypass all the other stages of the eviction process, which really gives me less time.

    I've read you can go to court and try get the court to suspend the warrant if you have a good enough reason to do so. I feel I do. Do you think the judge would go for my proposed plan? Would they see paying off the remaining debt in September as reasonable? What is the likelihood that I won't be evicted if I'm able to pay everything remaining in September?

    How long do warrants of possession generally take? My Income Officer said they applied this week for one.
Page 1
    • t0rt0ise
    • By t0rt0ise 7th Jul 18, 7:19 AM
    • 3,036 Posts
    • 1,915 Thanks
    t0rt0ise
    • #2
    • 7th Jul 18, 7:19 AM
    • #2
    • 7th Jul 18, 7:19 AM
    You need proper advice. See a housing adviser, try the Citizens Advice Bureau.
    • HampshireH
    • By HampshireH 7th Jul 18, 7:19 AM
    • 756 Posts
    • 814 Thanks
    HampshireH
    • #3
    • 7th Jul 18, 7:19 AM
    • #3
    • 7th Jul 18, 7:19 AM
    Once you use your student loan to clear the arrears how are you going to pay your rent weekly ?

    Do you have an income? A student loan is designed to cover your costs as a student not clear your debts.

    If you had an order previously then you are still under unles you cleared all debt and all court costs or the order says otherwise.

    Therefore you have been in breach of it for many months which a judge will frown upon.

    You can apply for a stay. Contact ths courts once the eviction date is received
    • anselld
    • By anselld 7th Jul 18, 7:25 AM
    • 5,809 Posts
    • 5,521 Thanks
    anselld
    • #4
    • 7th Jul 18, 7:25 AM
    • #4
    • 7th Jul 18, 7:25 AM
    How will you survive without further arrears beyond September if you spend your entire student loan for the term on debt repayment?

    It's is not just about paying the current debt. You need to convince them that the plan will prevent you falling straight back into arrears again. That part of your plan seems unconvincing from what you have stated.
    • csgohan4
    • By csgohan4 7th Jul 18, 8:19 AM
    • 4,628 Posts
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    csgohan4
    • #5
    • 7th Jul 18, 8:19 AM
    • #5
    • 7th Jul 18, 8:19 AM
    Step change is very good for debt advice, go on the debt free wannabee forums to hit that debt
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
    • kazwookie
    • By kazwookie 7th Jul 18, 8:27 AM
    • 9,770 Posts
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    kazwookie
    • #6
    • 7th Jul 18, 8:27 AM
    • #6
    • 7th Jul 18, 8:27 AM
    Get some proper advise, you clearly have a major problem.

    Using your student loan to paid off your houseing debt is one thing, but what happens after that?

    A student loan I thought was to help in your studies, what are you going to use to pay for your studies? and also other thing like your rent / food / bills etc
    Sun, Sea
    Slinky start date 29.01.18 28 to go / -14 so far and counting!!
    • bouicca21
    • By bouicca21 7th Jul 18, 8:55 AM
    • 3,721 Posts
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    bouicca21
    • #7
    • 7th Jul 18, 8:55 AM
    • #7
    • 7th Jul 18, 8:55 AM
    When my LL failed to pay the mortgage, a warrant for possession turned up in the post. He too had had an earlier court judgement ...

    Shelter were good and told me just how to go about protecting myself, but in that scenario I was paying rent. It was the LL who was at fault not me.

    I suspect you can hang things out till September but as others say, how will you live after that? If you can't always pay full rent now, how will you be able to do so after September? You must have been in arrears a long time to owe so much.
    • HampshireH
    • By HampshireH 7th Jul 18, 9:37 AM
    • 756 Posts
    • 814 Thanks
    HampshireH
    • #8
    • 7th Jul 18, 9:37 AM
    • #8
    • 7th Jul 18, 9:37 AM
    A warrant can take between 2 and 6 weeks usually depending on how busy the court and bailiffs are.

    Recent warrants in my area are about 4 weeks at the moment.

    Holding out until September I would suggest is unrealistic. Your HA isnt going to delay things for you as you are losing them money with no plan going forward (that you have shared).

    A court may grant you a stay hearing but it doesnt mean you will be successful especially considering your history of arrears over many years.

    If your stay hearing is at 10am on the morning of the warrant and the warrant is due to be executed at 11.30 (for example) you may find you have 1 hour to get home and remove all your belongings etc.

    Housing benefit would only have stopped as a result of your actions whether that was failing to declare income/change of circs /failing to update them/not complying with seeking employment/failing to respond to paperwork on time etc.

    If it was a genuine error then they would have honoured your claim for reinstatement & backdated the payment which would have cleared your arrears.
    • pinkshoes
    • By pinkshoes 7th Jul 18, 9:57 AM
    • 15,836 Posts
    • 21,757 Thanks
    pinkshoes
    • #9
    • 7th Jul 18, 9:57 AM
    • #9
    • 7th Jul 18, 9:57 AM
    If you go to court and state you are using the student loan to pay off the arrears then I doubt this will stop an eviction.

    The student loan is to pay for living expenses whilst studying, NOT paying off debt.

    Sounds to me like you are living beyond your means and need to look at reducing your outgoings and myabe live somewhere cheaper.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
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