Claim for Possession - need urgent help please

[MissWorried]

Hi Everyone,

Ok, bit of a long story but in brief, I moved into my house in November 07. Basically because of work and other financial issues I've had, I have had arrears pretty much since the tenancy began. Not high at first, I received a Notice Seeking Possession in February of this year, so I rang up the housing association who advised me to make a payment arrangement, which I did, however I didn't stick to this as I should have done. With my job, it's a rolling contract and sometimes I'm out of work for one/two weeks whilst its renewed, which means I have no money. I didn't bother claiming benefits in that time because of the amount of time it takes to go through, so my rent fell behind. Then some weeks I wouldn't pay anything, so the arrears built up. A couple of weeks ago I phoned them up to try and make another payment arrangement, but she said because my payments were erractic it was hard to follow so they are applying to the court for a possession order, which I have now received...the hearing date is on the 6th Jan. I have been reading the papers and basically it reads as though it is in my best interests to attend, only problem being, i'm due to be elsewhere on that date (work), so it will look like I can't be bothered to be there . I have emailed the Housing Assoc to see if a change of date is possible....anyway I have been paying off the arrears a little each week on top of the week for a couple of months now, and by my figures it sits at £600. I have been doing a lot of overtime at work, so have worked out I should have made a significant dent in this before the court date. I am worried as I'm convinced the judge is going to evict me, and then myself and my daughter will have nowhere to go (im a single mother), we have nowhere else to stay and the council have said they will be unable to help as I would have made myself intentionally homeless, by building up the arrears - does anyone have any advice at all, as the 6th Jan is getting nearer and I'm getting more and more worried. I really don't know what to do for the best.

Thanks

Kirsty

[OLIVE.FAMILY]

Hi there Missworried,

I do not know anything about Tenancy and the laws behind them for reposessions but I am sure that if you are showing that you are trying to clear the arrears then no Judge would want to see you and your daughter homeless. Please try not too worry. Not many people get on here over the weekend but I can asure you that people will be about in the morning.

 

Good luck

olives xxx

[help me kick his butt]

Oh Kirsty, what a worrying time for you. I dont know enough about this to give advice. However, I do feel that if you have made a sizeable dent in the arrears by the time you go to court , the judge will take this in to consideration. I also beleive that a judge is not going to make a single mother and her daughter homeless unless he has no other option.

If I were you I would definatley write to the court and say that you would really like to be there but work commitments make it inpossible and also you need the money to pay off the arrears.

I wish you a very peaceful Christmas and hope that this problem can be put aside so that you and your daughter can enjoy the festivities.

Best of luck xxx

[help me kick his butt]

I have just bathed my babies and could not stop thinking of your situation.

This country makes me so mad, you are obviously working, not sat at home claiming benefits.

If you were not working and claiming, you would not be in this trouble.

I truly feel for you. x

[MissWorried]

Hi Olives,

Thank you so much for your reply, I can only hope you are right, and that the Judge see's things that way also. Its really hard to stop worrying at the moment, although I fully accept this is my fault.

Thank you.xx

[MissWorried]

I would definatley write to the court and say that you would really like to be there but work commitments make it inpossible and also you need the money to pay off the arrears.

Hiya, yes I thought about this myself, but i didn't want to do anything which would appear as though I were making excuses about my not being there. Surely the Judge will look on it as if I don't care and that I should do anything to help?

 

I know, I didn't even claim benefits when I was out of work for short periods, which probably hasn't helped in all honesty. It just seems no matter what we do, it's never enough. I realise I haven't helped myself, and that getting into arrears in the first place is entirely my fault, however I can't stop worrying that I am going to have nowhere to live come the New Year. If I decrease or clear the arrears, do you think the HA, will stop the court action?

[OLIVE.FAMILY]

If you clear the arrears then yes they should cancel the court action. If you have made a sizeable dent in the arrers and are showing that you are commited to these payments they then may be in a position to cancel the court action and come to a payment arrangement.

 

Have you tried to contact the court to see if you can change the date of the hearing???

 

Dont feel bad about being in this position sometimes it cannot be helped. As you can see there are lots of us on here all in the same position as you , we are all here to support each other not to judge each other.

 

olives xx

[MissWorried]

Have you tried to contact the court to see if you can change the date of the hearing???

Hiya,

 

No I haven't tried contacting them yet, I thought I'd take a last ditch approach with the Housing Association, except she said we couldn't change the date, but she would ask the Judge to make a suspended claim for possession because we had reached a payment plan and she would also advise him that I couldn't make the court date, because of work, but something just doesn't feel right somehow.

 

I am really hoping to have them clear, or at least all but clear. I have worked out how much I now owe, and its just under £550, so not a great deal, but enough. Im not looking forward to the New Year at all at the moment!

 

Thanks for your help.xx

[OLIVE.FAMILY]

Ok try not worry too much. I know that is easier said than done at the mo. Try and phone the court and see if you can change the date. Failing that do you have anybody that can represent you in court. It can be a fmily member or a friend

 

olives xx