Extremely worried - HA applying for warrant of possession - rent arrears.

[Gourger20]

Nah I didn't try that. I sort of gave up trying to reason with them since it's obvious they will not budge unless I pay everything in full before the eviction goes ahead. Not sure what Shelter could say differently other than what I've already said and offered to pay.

 

My Housing Officer made it clear nothing would work, only paying everything in full will. All he said was to wait for an eviction date and then to apply for a Stay of Eviction as I mentioned previously. He said the HA would only agree to a stay if the arrears were paid off in full.

 

The court is really my only option I feel. My HA are in an "all or no can do" mode. If they didn't like my current plan, it just seems pointless trying to reason with them or get someone else to do it for me.

[Gourger20]

I'm just still wondering whether I should be setting aside the order or simply revoking it. Revoking it sounds like something I should be requesting, but I'm not sure. I have to make sure the letter I write is up to standard and proper, so I want to do it properly and not miss anything or request something that's not feasible for my circumstances.

[Gourger20]

Another question (apologies for asking too many questions): does the fact that the court granted permission for a warrant mean that the HA already have the date of the eviction and/or have applied for bailiffs? Or do they need to make another application to the court in order to get the warrant itself (which would give me more time I suppose)?

[Ell-enn]

I'm just still wondering whether I should be setting aside the order or simply revoking it. Revoking it sounds like something I should be requesting, but I'm not sure. I have to make sure the letter I write is up to standard and proper, so I want to do it properly and not miss anything or request something that's not feasible for my circumstances.

 

 

Well contact Shelter... they will help you with a letter/negotiate with the HA

[AndyOrch]

Another question (apologies for asking too many questions): does the fact that the court granted permission for a warrant mean that the HA already have the date of the eviction and/or have applied for bailiffs? Or do they need to make another application to the court in order to get the warrant itself (which would give me more time I suppose)?

 

Already advised in posts#18 & 19

 

And you cant revoke it...its suspended and your still in arrears

 

Andy

[Gourger20]

Yeah I read those posts. The post said they have been granted permission to issue it (which I know as the N24 order stated this) but it does not really say whether or not they actually have the warrant and are just waiting to send it to me. It just says that they have been given permission to issue one.

 

Are there any additional steps they need to follow in order to now issue it to me, or can they simply send me a date of eviction immediately? I.e. the post says they cannot just use the N325 form straightaway without seeking permission if going for a breach in a suspended PO. Does that then mean they now need to submit an N325 to get the warrant or have they likely sent both (N325A and N325) at the same time and already gotten it approved? Do they now simply just apply for the bailiffs? If so, how long does that take on average?

 

I'm only asking because I'm trying to identify how much time I actually have left to get this sorted. The court told me to stop panicking as I apparently have "plenty of time" but I'm still worried that they now can just issue the warrant since they've been given permission to do so. And since I don't know how long issuing the warrant takes, I'm worried I don't have as much time as I thought.

Edited August 2, 2018 by Gourger20

[AndyOrch]

They have already requested permission in the initial claim which I assume was granted but suspended

 

The N24 now informs you they are allowed to issue it for whatever reason ( we dont know you have not uploaded a copy)...it also allows you to take action (Set a side/suspend/stay which we have discussed with your options.

 

I understand that they would have to to submit N445( Request for reissue of warrant.)

 

https://owenwhite.com/permission-apply-warrants-possession-new-forms-n325a-n445/

[Gourger20]

It basically said this on the N24 form:

 

"On the 24th July 2018, District Judge [Their name] at the County Court at Brentford (goes on to list its address and post code)

 

IT IS ORDERED THAT

 

1. Pursuant to CPR 83.2 the Claimant has permission to issue a warrant for possession of land in this case.

2. This order was issued without a hearing. If you object to this order you have 7 days from the date of service of this order to apply to set aside, vary or revoke the order."

 

That's pretty much it.

 

Is it my understanding that based on this, they now just need to apply for the bailiffs to issue the warrant? And that they don't actually have the warrant itself yet already, just have permission to issue it? Do they need to wait the 7 days as well before they can actually apply for bailiffs or can they just do it right now even if I challenge the order on the N24 form?

Edited August 2, 2018 by Gourger20

[AndyOrch]

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-83-writs-and-warrants-general-provisions#83.2

 

Better get your N244 in then quick...you have lost a day today

[Gourger20]

Yup. If it wasn't the post code error on the N24 form, it likely would have come to me sooner.

 

Should I expect the eviction date to come next week then? Rather be prepared for it to come than be taken by surprise. This has had me stressed out all day long.

Edited August 2, 2018 by Gourger20

[AndyOrch]

http://england.shelter.org.uk/legal/security_of_tenure/possession_proceedings/enforcement_of_possession_orders/warrant_of_possession

[Gourger20]

So, shelter ended up wasting more of my time. I contacted them and they sent me to the nearest Shelter building to go see a caseworker. When I arrived there, it was packed. I was not told by the person I called that you had to wait in line in order to be seen by someone and due to the amount of people that were there, I ended up not getting seen. I was sent home.

 

I've been filling out the N244 form to set aside the order mentioned on the N24 form. I'm struggling to know where I should be signing on the form. I am filling it out on my computer via Adobe Acrobat Reader.

 

Do you sign both the Statement of Truth and highlight the appropriate text (where it says "I believe)?

 

Question 11 also requires another signature and then asks for an address - which address do I put there?

 

And also, where it says "Applicant(’s legal representative’s)(’s litigation friend)" - do you highlight anything here? Finally, question 9 asks who should be served with this application, do I need to put anything here?

Edited August 8, 2018 by Gourger20

[Ell-enn]

https://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession(1-Viewing)-nbsp have a look at this guide - page 14 & 15 shows you how to fill out the N244

[Gourger20]

In the example,

"Applicant(’s legal representative’s)(’s litigation friend)" has everything but "Applicant" crossed with a red line.

Is this what I should be doing?

 

Also, they didn't put their signatures on the form itself but have an affixed statement with the signatures instead.

 

I answer Q10 on a separate sheet and then copy that statement (and reword to fit my own situation) and put my signatures there?

 

I selected the "evidence" option as I have some evidence of my payments towards my Housing Association and that I will be receiving a lump sum from my loan (which is more than enough to cover the arrears and court costs).

 

Can that statement still be used as well?

Edited August 8, 2018 by dx100uk
spacing

[Ell-enn]

You sign the form as Applicant and also sign the statement sheet for Q10.

[Gourger20]

What about Q11? Do you sign there as well and which address do you put?

[Ell-enn]

You sign at No11. and put your home address as shown in the example

[Gourger20]

Alright, thanks.

 

Do I also need to put my husband's signature as his name is also on the N24 order (both our names are on the tenancy)? Or is it okay to just put my signature as I am the one making the application (husband isn't well enough to deal with this, so I'm the one trying to get it stopped)?

 

Apologies for countless questions. Just want to make sure I do it right.

[Ell-enn]

One signature should be OK. When you have got all your paperwork together ready to take to court staple it all securely together and make sure you take a copy of it all for yourself so you can refer to it in court.

[Gourger20]

Any idea on what the fee is? I assume they require immediate payment.

[Ell-enn]

If you take the eviction notice with you I think the fee is half, I can't remember off hand what it is though - ring the court and ask. They will require payment when you take the N244 in.

Also if you are in receipt of certain benefits there is a fee remission.

[AndyOrch]

Fee Remission.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406096-LEGAL-EX160-160A-160c-Court-Fees-are-you-exempt.-**Correct-as-at-April-2018**&p=4369850#post4369850

 

And N244 if you want to complete it on your computer.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice-**Correct-as-at-Sept-2015**

[Gourger20]

If you take the eviction notice with you I think the fee is half, I can't remember off hand what it is though - ring the court and ask. They will require payment when you take the N244 in.

Also if you are in receipt of certain benefits there is a fee remission.

 

Oh, I don't have the eviction notice yet.

 

I only have the N24 form at this time telling me that permission was granted. It then just says if I object, that I must do so within 7 days from the date of service of the order. So does that mean I need to pay more because I don't have the notice yet? I wrote on the N244 form that I am objecting the order and wish to set it aside. I've not asked for a warrant suspension as I don't have one served to me yet.

[Gourger20]

Sent off the form on Thursday, so hopefully should hear from the court soon. I hope it gets accepted.

 

I'm just wondering though: I've been reading and apparently it's possible that the eviction could get transferred to the High Court. I'm worried about this considering that my HA didn't want to wait until September 10th and with the way things are going right now (lots of waiting), it may end up taking that long for them to get a date.

 

What's the likelihood that it'll get transferred to the High Court? They don't give warnings, so the last thing I want is to find them at my door unannounced.

[stu007]

Hi

 

I know this may be late to ask but before this happened but could you clarify the following:

 

1. Did the HA send you letters previous to this notifying you of the Arrears and what was your response?

 

2. Did you enter into a Payment Plan with the HA to clear the Arrears? or

 

You didn't and ignored the HA with them now applying for Possession of Property.