Jump to content


claims of possession on my tenancy


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4325 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi everyone I need advice I have been served court papers on my flat for repossession to cut a long story short I have got in a lot of debt with payday loans with that and we have now lost my wife's income as she now looks after our 10th month old baby im now stressed and we are gonna be on the streets and have no where else to go I owe from today 1051 pound in arrears im gonna be paying £400 on my payday the 28th and advice would be helpful however little my rent is £81.42 a week. And im due in court on the 7th of June .

Link to post
Share on other sites

I have a assured tenancy and it on the ground of rent arres I think .

 

'Rent arrears' aren't a ground - look in the particulars of claim under section 4c and see what is written there.

 

Do not pay the pay day loan, use that money to pay your rent.

 

It is unlikely that you will be evicted if you pay the rent plus something towards the arrears - so long as the ground they are claiming possession under is not a mandatory ground, which is why it is important for you to look at the PoC and tell me what it actually says, not what you think it is.

Link to post
Share on other sites

Hi everyone I need advice I have been served court papers on my flat for repossession to cut a long story short I have got in a lot of debt with payday loans with that and we have now lost my wife's income as she now looks after our 10th month old baby im now stressed and we are gonna be on the streets and have no where else to go I owe from today 1051 pound in arrears im gonna be paying £400 on my payday the 28th and advice would be helpful however little my rent is £81.42 a week. And im due in court on the 7th of June .

 

Hi

 

Useful CAB overall guide and info on rent arrears / possession below that might help

 

http://mymoney.nedcab.org.uk/moneyadvice/rentarrears.asp

 

Are you with a Social Landlord?

 

Are you entitled to any benefits - eg Housing Benefit?

Link to post
Share on other sites

It says the defendant is in breach of his contractual obligation to pay the rent as provided for under the terms of the tenancy agreement. Notice of seeking possession served on grounds 10 & 11

Link to post
Share on other sites

Okay, those are discretionary grounds, so you are not really in danger of losing your home, particularly if you use that 400 quid to reduce the arrears.

 

I would suggest you do an income and expenditure sheet (there is a sticky thread at the top of this repossessions forum created by Ell-enn, and the I&E form is attached to that). Once you've worked out what you can reasonably afford to pay towards the arrears, post back here, stating that amount.

 

For your pay day loans issues I would suggest you post in the relevant forum (I can see that you have already done this). A pay day loan is not a priority debt, but your rent is a priority payment and so are arrears. The worst the payday loan can do is take you to court and obtain a CCJ - but they can't get blood out of a stone. The worst your LL can do is take your home away from you, so where that 400 quid should go is really a complete and utter no-brainer.

Link to post
Share on other sites

Thankyou for your help your right it's a no brainer really I have done one of them forms with cccs and they said the same thing the payday loans are the last thing you should worry about. Im gonna ring my landlord tomorrow see if we can come to agreement I read that if they agree they will stop the court claims but thanks for putting me a bit at ease

Link to post
Share on other sites

Tomorrow is Saturday, so you may need to wait until Monday. If you have a social LL it is usually because you failed to contact them about the arrears that they decide to go to court. Hopefully you can arrange to make a payment plan with them and they will withdraw the possession proceedings.

 

If they don't withdraw, and say they will accept your proposal but only with a suspended possession order, make sure that you attend the hearing and inform the judge the judge that you came to an arrangement prior to the hearing and request that he/she adjourns the hearing on terms. With a low level of arrears this is a fair outcome, though the LL is likely to push for a suspended possession order. The benefit of an adjournment is that if you make payments as per the agreement, nothing further will happen, and no court costs will be added to your arrears (they'll be reserved for future hearings if your LL has to return to court with you).

 

I hope you get the pay day loan stuff sorted out, but it's really not a priority so don't let them bully you into making bigger payments to them than you can afford. Rent and council tax first (priority payments), followed by rent arrears, utilities, groceries and then any debts.

 

Let us know how you get on once you've spoken to your LL.

Link to post
Share on other sites

Hi everyone had the houseing income debt recovery officer round today before we go to court she was very nice she wants me to pay 6.33 extra a week on the normal rent she has seen all my debts that I have and said she will be there with me in court happy with the offer she has set but if I break it im out so I really happy with the outcome to be honest. Just something else I want to ask you guys about I have bank accouts with Halifax one with a o/d of £1500 the other with £800 im thinking I should get rid of these too as im only paying £60 odd pound each month too these and getting no where I have a accout set up else where how should I go about doing this ? Or is this the right thing todo to get my outgoings down ,? Any help would be great thanks I thought I might as well start a new slate clean .

Link to post
Share on other sites

That's at least good news. Just make sure you stick to any agreement made.

 

With regards to the other debts, you can reduce the amount that you are paying to them, so that you can increase the amount that you pay towards the arrears - the sooner the arrears of rent are cleared, the sooner you can relax about the roof over your head.

 

Contact the debt holders, explain the situation re your housing, and tell them that until that debt is cleared, you are reducing their payments. They won't argue - there's no point. Pay them something though, even if it's a fiver a month.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...