Jump to content


Gourger20

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

style="text-align:center;"> Please note that this topic has not had any new posts for the last 374 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

They didn't need to as we were already aware of the problem after knowing HB was stopped.

 

The Housing Officer was informed and originally decided to wait while we sorted everything out.

 

However, things didn't go according to plan, so tackling the problem took a lot longer than expected.

 

After a while, the HA grew tired of waiting and after going to see the Housing Officer, we were told they are applying for an eviction due to the continuous climbing of Rent Arrears.

 

My original payment plan (was a lot weaker than my current) was denied by management (that's what the Housing Officer said) and unless the arrears were paid in full (and court costs), they would not halt action.

 

I tried to get them to accept my new, much stronger plan but my Housing Officer would no longer listen and just kept telling me to wait for an eviction date and then to apply for a Stay of Eviction. He said a stay would only be agreed to if the arrears were paid in full.

 

Because my HA has a suspended order from 2014, they could immediately go for a warrant.

Edited by dx100uk
Spacing

Share this post


Link to post
Share on other sites

Eviction notice came. We've been given a date of 4th September 2018 at 11:30AM. This is annoying because that's 1 week before I get my lump sum payment.

 

The Eviction notice has the same post code error as well. Does this matter at all?

 

My application was also returned because it said an incorrect fee was paid. It's £255 for the application. Is it only £50 or so for suspending warrants?

Share this post


Link to post
Share on other sites

Yes £50 to submit a N245 to stay the Warrant.

 

If you could afford the application n244 ( are you not entitled to exemption on fees ?) it would be worth making that application in view of your post above and give an assurance you can clear the arrears.

 

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Is N245 only used if you can't pay the amount?

 

N244 should be used if you can? The fee is high and as for exemption of fees, I'm not sure about that. I don't get any benefits other than the child one (£60 a week) and I am a full-time student.

 

Maybe it might be worth talking to the HA again to see if they'll stop it seeing as it's only a week later that I can clear it off.

Share this post


Link to post
Share on other sites

The fee for N244 to defend eviction should be half if you have the eviction notice. Take your form to the court along with the eviction notice. Do you have any proof of the date you get your lump sum payment ?


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

Is N245 only used if you can't pay the amount?

 

No its duel purpose...to stay warrants and also to vary payments arrangements

 

To suspend you would use the N244

 

https://england.shelter.org.uk/housing_advice/eviction/can_housing_association_tenants_stop_the_bailiffs


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Yes, I have proof of the date I get the lump sum payment.

 

Would it matter that the post code on the Eviction Notice itself is wrong?

Share this post


Link to post
Share on other sites

I shouldn't think so, if the house number, street and town are correct.


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

Hi, judges don't take people's houses away when they can demonstrate that they are able to maintain payments going forward. Try to stay positive - get your form into court and while you are there ask if there are any free legal advisors in court on the day of your hearing. If so, you can approach them when you get there and ask for their assistance - they can come into the hearing with you and support your case.


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

Q6 - put 15 minutes.

 

 

Everything else looks OK, have you done a budget sheet to go with the N244?


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

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.

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites

You should get your copies of the N244 into the court before the hearing date so the judge can read your defence before he sees you. Remember to ask if there are any free legal advisors there on the 24th.


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

Hi, the normal process is to get all documentation to the court before a hearing.

 

 

You should assemble 3 sets of everything - each set should consist of :

 

 

N244 form

Statement

Supporting documentation.

 

 

When you have all 3 sets compiled staple each set securely so they don't come apart.

 

 

Take it all in to the court asap, tell them you have been given a hearing date of 24th and ask about the free legal advisors.


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

It's unusual to take the N244 pack to court on the day of the hearing - maybe you should ring them and say you understood that your form had to be lodged at court beforehand ?


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

Well, they are calling it an appointment. Do they mean the same thing in the eyes of a court?

Share this post


Link to post
Share on other sites

It could be an appointment to lodge your N244 - I think I've heard of that before.


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

Hi, at question 10 of the N244 you need to tick "Attached Witness Statement" box. I think it would be a good idea for you to complete a budget sheet - this makes it easy for the judge to see how you will afford the rent going forward. Below is a link to the one we normally use - it calculates automatically as you enter the figures.

 

 

https://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=31141&d=1320168516


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...