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Gourger20

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  1. I intend to do that. I've already paid £400 today to put the account into credit. I guess I'll just have to see what the income officer says. I would try going to the court. However, I think it costs £255 to put the form in as opposed to £50 for stopping warrants. If I could pay the extra £255, I'd be able to pay the agreed amount, so that's not really an option at this time.
  2. Yeah I realise that now. I was just under a ton of stress and wasn't thinking very clearly. Am I basically screwed now then? I just want to know, put simply, if this means I will be evicted from the property now.
  3. £760 a month. This was decided by the income officer. The judge asked if I agreed to this and I said yes. I just wanted it suspended, so I agreed. Plus, I felt it was affordable at the time. But the council tax bill that came on suddenly and unexpectedly has now disrupted that. The rent arrears was at £381. I've paid £400 which puts it some pounds into credit. I'm just worried that they'll go back to court even though the rent account isn't heavily in arrears simply because I defaulted on the agreement.
  4. Bit of a dilemma: So the warrant was stopped and on the day of hearing (27th September 2018), the income officer pretty much demanded more than what the rent costs (£760 a month as opposed to £670 a month) to stop the rent going into arrears. I was stressed at the time and agreed because honestly I didn't want to fight any more. I didn't think I had a chance to fight it considering how he made it sound like it was his choice to stop the eviction. Plus, it was affordable. This payment is due on 11th October 2018 and every 11th of the month thereafter. Today, I had an unexpected council tax bill to pay and this has meant I won't be able to make the full £760 this month. I'm still recovering from paying over £3,000 as well to clear the previous arrears. So what I've done right now is pay the current arrears off of £400 (it's currently £381) making it go into credit for now. My question is: can I now be evicted considering I have defaulted on the agreement due to unforeseen circumstances? I'll be able to pay the amount next month. I'm not in arrears at this time. I will be contacting my income officer to inform him of this, but knowing how he was last time, I'm fearing that he will once again not agree and just go back for the warrant to be reinstated. Advice appreciated. This is not what I wanted, but life strikes again.
  5. It was adjourned for 14 days by the judge. HA Officer wanted to go for 7 days but Judge gave 14 days instead. After 20th September 2018, we'll be getting a new hearing date. By that time, the arrears will be cleared off in full. HA Officer will also be coming up with some sort of plan going forward to stop the rent going into arrears in the future. All in all, I guess it's over. 2 months of waiting finally coming to an end.
  6. So, my hearing is tomorrow (Thursday 6th September 2018) at 10AM and I thought I'd ask: if the hearing does not go my way, does that mean I will have to leave on this day, or will I have time to get my things together? As it stands, the warrant is currently suspended in the mean time. I'm not sure how it works if the judge grants them the possession as the date of eviction was 4th September originally. Will they be able to carry out eviction on 6th September if I lose, or do they have to get a new date from the Bailiffs? Appreciate any responses. Not sure how it works as usually people get hearings before their eviction takes place as opposed to having it suspended first and then getting a hearing date.
  7. Handed everything in today at court and it was reviewed by a Judge. I had to wait around 2-3 hours because the court had a lot of other eviction cases and the Judge was simply looking at my application in between cases. Oddly enough, I saw the Senior Rent Officer from the Housing Association that deals with my rent account. He was there for 2 other cases and just kept looking at me the entire time. He tried hanging around to see what was happening but had to go in the end. Judge suspended the warrant for now and gave a hearing date of 6th September 2018 at 10am. I'm guessing they didn't have a date to offer me before the 4th, so had to suspend the warrant. It's still not over, but it's a result at least. Good thing I'll have a 3rd payment on record since I'm making a payment on 31st August 2018. Still funny how everything seems to still fall just before I get paid enough to clear the entire thing off in full.
  8. Okay, so before I get ready to print everything off and staple it together, I want to check here if what I've written is up to scratch. Please see attached the form and witness statement. I have removed any information that would reveal my identity. That's been filled out on the originals. I've also signed, dated and ticked the appropriate boxes on Q10. As for proof, I will be attaching the following: 1) Proof of my two payments made to the Housing Association. I have decided to show the statements as far back as September 2017 which is around the time my arrears were clear and in credit. I am not sure if this helps, but maybe it will. Let me know if it won't or is pointless to show. Main purpose is to show my payments. 2) Proof that I receive Student Finance. This is merely a letter showing my name and address that says I've been approved for Student Finance for this year (2018/19). It lists the total amount I will get for this academic year. 3) A screenshot of my Student Finance account. It shows the payment dates. It currently says "awaiting confirmation" as the University haven't started confirming anything yet. They informed me that process starts next week and I will be one of the first (given my circumstances). Status will then change. 4) A recent wage slip from my Daughter's job. This shows she receives payment from employment. 5) Several recent invoices of my Son's income for the work he does online. The amounts are decent. 6) Proof that I work part-time as a Student Ambassador for the University. 7) Several e-mail exchanges between me and the Senior Rent Collection Officer that communicates to me regarding rent arrears. The email exchanges do list my proposal and his response to them. How does this look? STATEMENT-DRAFT.doc N244_example.pdf
  9. They said on the phone that on the day I would sit and wait with the forms, then my name will be called. Not sure what that really means. That's all they said and just to make sure I bring the 3 copies with me.
  10. Well, they are calling it an appointment. Do they mean the same thing in the eyes of a court?
  11. Alright thanks. Fingers crossed it all goes well. Up to the judge now. Hopefully he/she sees what my HA can't or refuse to see. Just to make sure: there's nothing else I need to add to my statement that I attached, right? It sounds sufficient enough? According to the court, they're saying that I need to bring the documentation on the day of appointment. It sounds like they're saying I can't come in earlier.
  12. Oh, are you able to do that? Should I just go into court then when I have everything ready, hand in the form and pay the fee and tell them that I have a hearing/appointment set for the 24th? Why do you need 3 copies? I assume one is for the judge, me and then the claimant (likely the Housing Officer will come to represent them)? If so, just hand in 2 and keep the other for myself to bring with me on the day? I assume you also need to bring 3 copies of the supporting documentation too? Does my evidence look fine?
  13. No I haven't done a budget sheet So far I've got proof of my two payments from my rent statement to show that I can at least afford the £670 a month after the arrears are cleared (only doing higher now because of the arrears). Proof that I receive Student Finance (letter stating it was approved for this year as you have to renew it every year) along with dates of payment and the amount. It says "awaiting confirmation" right now because that's what it usually happens. It changes near the time it's due (still not due for around a month). I'll also be attaching some invoices of my Son's income as it varies from time to time. My daughter will be giving me proof of employment to show that she is working and earning a consistent amount every month. I also will get proof of my part-time employment as a student ambassador at the University. my evidence so far. I have called the court and they informed me that I have a hearing on Friday 24th August 2018 at 10:20AM. I am to bring 3 copies of the N244 form along with the £50 fee. I have a week to get everything prepared and checked to ensure there's no errors. I can sort of rest a little now as there isn't much else I can do once I've got all the documentation prepared. My future lies with the judge and I just hope he/she sees that I can pay it off and continue to do so and that evicting me is not reasonable whatsoever.
  14. I hope so, I guess I'm just finding it difficult to find hope when my Housing Association are being unreasonable and have the power to stop it and end my worries, but are confusing to for reasons I don't know. I'd understand if I couldn't afford to pay or if it would take months or years to clear, but it won't. It's just 6 days after the Eviction date and what's worse is originally they would not "halt action" until 10th September 2018 and yet have to wait almost as long anyway to get me out. Doesn't make sense to me. I've had confirmation from the court that it'll cost £50 to submit an application to suspend the warrant via the N244 form, so that's fine. They told me to call, make an appointment and then bring 3 copies of the form with me along with the fee. Not sure why they require 3 copies, but I'll do that. Just to make sure my statement and form are filled out correctly, I'd appreciate if somebody would take a look to see how it sounds and whether or not I need to remove or add something. I've attached my statement to this post leaving out names and just including the main content of what I've written. As for the N244 form, it's been filled out as follows: Q1 - I've put my name here as I am the one filling out the application. Both me and my husband's name has been mentioned where it asks for defendant(s) name. Q2 - I ticked "Defendant" Q3 - I wrote the following: "Suspend the warrant of possession on the grounds that I am fully capable of paying my rent going forward + the debt owed to the Housing Association. I can clear off the arrears on September 10th 2018 which is 1 week after the Eviction". Q4 - Ticked "No" Q5 - Ticked "At a Hearing" Q6 - Left blank as I don't know myself and wouldn't like to guess Q7 - Wrote "N/A" Q8 - Wrote "District" Q9 - Wrote "All Parties" Q9a - Left it blank Q10 - Ticked "the attached witness statement" and "the evidence set out in the box below" and wrote the following in that box: "Attached statement provides reasons why the eviction should not proceed forward. I have labeled this "APPENDIX 1". You will also find an up-to-date rent statement. This shows the payments I have made to the claimant (amounts listed on the statement itself) since. It also shows that I am able to keep to my promises and clear the debt I owe in a timely manner. Proof that I am receiving Student Finance has also been attached. It lists the date and amount I will be receiving on September 10th 2018. The university has confirmed (via E-Mail) that I have successfully advanced to the next stage of my course meaning I will get the payment due on that date. It will be confirmed near the time. I can provide the proof of E-Mail if needed (at the hearing). The post code on the Eviction notice is also wrong. It lists [Wrong postcode here] which is for another address near me. My post code is [Correct one here]". Crossed out everything but "I believe" and left "and any continuation sheets" visible. Signed it and gave the date as well as wrote my name under my signature where it asks for full name. Made sure everything but "Applicant" was blacked out. Q11 was also signed and dated. My home address was written in the box where it asks and I also specified my E-mail address. How does that sound? Anything else I need to add/remove? STATEMENT-DRAFT.doc
  15. I've been reading this https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50 to find out what it will cost to submit the N244 and according to that list, it will cost £50. It reads "Application to vary (amend/change) a judgment (or order), suspend enforcement or suspend a warrant of possession or stay a High Court Writ" which is what I am intending to do (suspend the warrant) and says £50. So it isn't £255 like the other one was. Not sure why that one was higher. Form was returned because of it. I can't help but worry constantly about what might happen. My mind keeps telling me it's over and the eviction will take place. I'm not sure how a judge will view my proposals. Will they like that I paid twice (£780 and £710) and plan to pay another £710 on 31st August even though it doesn't really tackle the arrears, just stops the climb? Will they see that it's not necessary to evict me from my home seeing how a lump sum payment is due 6 days later after the Eviction date? I don't know. I've tried one last approach and e-mailed my Housing Officer to see if they will back down considering the date of eviction and when I can clear it off in full (+ court costs). I doubt he will go for it as I've been unsuccessful multiple times before. I assume he'll say the same thing as before and if that happens, it's left to the judge. It was worth a shot though I feel.. How does one keep positive during this? Now it's official and a date is here, it's a lot harder to ignore. I feel powerless because of how much waiting there is. It's even more upsetting that the date happens to be just 6 days before I would be able to save myself and get it cleared. This part sucks the most. I'm also worried that they'll be unhappy with the eviction date and will try to go to the High Court. The last thing I need is a sudden visit from High Court officers telling me I need to be out. The HA didn't want to wait until September 10th 2018 and yet have to wait until 4th September 2018 anyway. I can't imagine they're happy with this. It's really baffling me why they just won't back down.
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