Jump to content


  • Tweets

  • Posts

    • So - I continue to not pay any more?  Until they respond with the info I have asked for?
    • Hello and welcome to CAG. I'll move your thread to the Residential and lettings forum and leave you a link to follow from the Welcome forum.   I'm sorry to hear about your neighbour problems, people should be along to advise later.   Best, HB
    • Your only hope is asking for discretion on the grounds of well you didn't realise you had to pay online you expected a toll booth, you didn't see any sign of any penalty charge amount and basically it's your first time using this toll bridge and you were unaware of the process,.   In the past, for 1st time offence, Merseyflow have responded rejecting the appael but on this one occasion have reduced the penalty to the toll fee.   You might be lucky.
    • Yes, Manxman has put you on the right track.   You need to perform a Statutory Declaration (to declare, on oath, that you knew nothing of the court proceedings against you). You must do this within 21 days of learning about your conviction. You can either do so at a Magistrates' Court for which you will need to make an appointment. They may not be able to fit you in within 21 days but so long as you explain to the court that it was the earliest date available they will accept your declaration. Alternatively you can make the declaration before a solicitor. They may charge you a small fee (£5 - £10).   Once this is done the conviction you have (for failing to provide driver's details) is set aside. The prosecution will almost certainly start proceedings again and in many areas they are now doing so immediately following your statutory declaration. Ideally it would be best if you could see the prosecutor before the court sits (ask when you check in at reception) and offer to plead guilty to the speeding charge provided the FtP charge is dropped. It is a common deal which is usually readily accepted. Under no circumstances should you plead guilty to either offence until you have had the chance to discuss this deal. If the deal is refused you should maintain Not Guilty pleas to both charges. They cannot convict you of speeding (they have no evidence you were driving) and the trial for FtP will be held at a later date. You can then consider your position for that offence.   If they do accept your offer to plead guilty to speeding you might try asking if you can be sentenced at the Fixed Penalty level (£100 and three points) provided the speed is low enough (let me know the speed/limit and I will tell you if it qualifies).. Magistrates have guidance enabling them to do this which says this:   Where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances.   But first things first - make arrangements to do the Stat Dec.
    • This is an article from a couple of years ago about how someone won against the council, but it does mention that there are two sets of signs.   https://www.dailypost.co.uk/business/business-news/driver-wins-appeal-over-mersey-13931137   HB
  • Our picks

    • My personal experiences of Future Comms 
       
      Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!
      • 0 replies
    • Future Comms is a Big Con. How to get out of it. Read more at https://www.consumeractiongroup.co.uk/topic/417058-future-comms-is-a-big-con-how-to-get-out-of-it/
        • Like
      • 4 replies
    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 5 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
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 253 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

The date will be either 14 or 28 days after the court hearing.......but I expect it will be suspended


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

If you have made any payments since handing in your N244 then you should take along proof of that payment to the hearing.


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

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.

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.

 

 

Hope everything is going well.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

What did the court tell you to pay per month please?

 

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

£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.

Share this post


Link to post
Share on other sites

In reality you shouldn't have agreed that figure because it obviously not affordable...thats why the judge asked had you agreed it.

 

" I just wanted it suspended, so I agreed." It would still have been suspended if you had objected and stated an affordable amount.

 

Council Tax bills dont suddenly appear...they are an annual charge which hopefully you pay monthly and factored into your budget...which should have been considered before agreeing the £760 a month.

 

 

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

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.

Share this post


Link to post
Share on other sites

I would speak to the income officer and try to agree something for this month only......but looking at it long term you cant maintain it so it will happen again......therefore you need to agree a new affordable amount through the court.


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

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.

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...