Yay more Fun - Housing Association Rental Repossession

[Paul.]

Re: Yay more Fun

Kilasuit. You're repossession hearing is at 3.45 pm tomorrow and courts usually only sit until 4 pm which gives you 15 minutes to make out your case for staying in your home to the judge

I would use that time to convince the DJ that the problem of rent arrears can be solved in an instant because you now have the funds to pay them following your McDees' payout. Maybe take your bank statement with you to show the court that the money is there and you're not bluffing (unless you've already paid those arrears which would be even better). Point out that your HB is now being paid direct to the HA.

Then I would give the DJ all the reasons why as a loving family unit with nowhere else to go you deserve to stay put and not be made homeless. That will be so much better than attacking the other side for their procedural errors over the bank rent collection method. If you get time you should throw that in too (it's in your WS anyway) but maybe prioritise your need to have a home. Take along Paul's Supreme Court case law to support your argument.

With any luck you will be able to grab the Duty Solicitor when you arrive so he can speak on your behalf at the hearing. It'll be well worth it.

There's nothing more I can say except I wish you the very best of luck

The Court has to take stock and seriously consider whether it is appropriate to interfere with a family home.

If the arrears can be paid and the debtor can show that they are able to pay the rent on time then the Court would be overstepping the mark in allowing possession

[kilasuit]

Re: Yay more Fun

Received a lovely letter from the HA

Total Rent Arrears upto 16th October 2012 £1069

Also they've recieved the redetermination of HB which leaves a shortfall of £40.46 a week which is easily paid so no worries there.

Meeting CAB advisor @ 3 @ the Court and i think there maybe a pre court settlement as i suggested that i could clear the arrears and pay half their costs (total £169.50 at a max so about £85 on condition Proceedings are dropped and we can get back on the housing registers for now until i get back into employment.

I hope the above can happen as i think thats a fair trade.

Tempted to even say that i will redecorate (simple layer of magnolia) on the walls too.

Think thats reasonable?

[PlanB]

Re: Yay more Fun

Received a lovely letter from the HA

Total Rent Arrears upto 16th October 2012 £1069

Also they've recieved the redetermination of HB which leaves a shortfall of £40.46 a week which is easily paid so no worries there.

Meeting CAB advisor @ 3 @ the Court and i think there maybe a pre court settlement as i suggested that i could clear the arrears and pay half their costs (total £169.50 at a max so about £85 on condition Proceedings are dropped and we can get back on the housing registers for now until i get back into employment.

I hope the above can happen as i think thats a fair trade.

Tempted to even say that i will redecorate (simple layer of magnolia) on the walls too.

Think thats reasonable?

Wow I'm so happy to hear that you'll have a CAB person to speak for you in court tomorrow

Although I'm sure you can act humble at the hearing (fake it) I think having a professional advocate will get you a better result just in case

I'm not sure about magnolia though - I'm a fan of Farrow & Ball's 50 shades of white myself

[kilasuit]

Re: Yay more Fun

Wow I'm so happy to hear that you'll have a CAB person to speak for you in court tomorrow

Although I'm sure you can act humble at the hearing (fake it) I think having a professional advocate will get you a better result just in case

I'm not sure about magnolia though - I'm a fan of Farrow & Ball's 50 shades of white myself

its only as there is a fair few scuff marks on the wall that we got whinged at but if you ask me i reckon it should have been mark resistant paint or at least wipe-able paint

[PlanB]

Re: Yay more Fun

And finally, wear a suit and tie to the court to make a good impression

[kilasuit]

Re: Yay more Fun

And finally, wear a suit and tie to the court to make a good impression

got a nice new 1 for 2day that i'm gonna use 2moro too

[kilasuit]

Re: Yay more Fun

No-one gets evicted because of scuff marks on walls, what landlords could do is deduct money from your deposit at the time of leaving if there's damage beyond normal wear and tear.

I wonder how many properties are painted with mark resistant paint...

Tomorrow's hearing is going to be just 15 mins, there won't be time to discuss issues like these, best to concentrate on the key points like the arrears. And while the DD glitch may have caused them in the first place, this isn't the time to dwell on that, it's been 6 months since the glitch so probably best to say you didn't have the money till you got your McD's settlement... which you now have and can cover the arrears.

You also mention a £40/week HB shortfall! If that's the case with a HA flat, it could only be worse if you were to rent privately.

The HB shortfall i dont know if its recovering the HB over payment or not so am ??????? about it tbh

[jen_br]

Re: Yay more Fun

Good luck tomorrow stick to the facts let the CAB do the talking.. keep your temper in check lol

thats all!

[kilasuit]

Re: Yay more Fun

It should be quite easy to find out. I assume your bedroom allowance would be 2 bedrooms. Go to this website ---> Search for Local Housing Allowance rates by postcode or local authority : DirectGov - LHA Rates
and enter your postcode in the box. That should give you the LHA for your area. Simples.

If you haven't got an income other than benefits, or capital over £6k, you should be getting your full LHA. If you are not, they must be deducting a certain amount towards the overpayment. You should have some paperwork from the council telling you in detail how your entitlement was calculated.

Yeah my partners wages from her apprenticeship and then WTC & CTC too.

We got a bundle of claim calculations as they had to do i think 8 weeks worth of calculations as separate calculations annoying to say the least.

Hence i need to be back in work so dont have this shortfall nonsense to deal with either.

[PlanB]

Re: Yay more Fun

Received a lovely letter from the HA

Total Rent Arrears upto 16th October 2012 £1069

Also they've recieved the redetermination of HB which leaves a shortfall of £40.46 a week which is easily paid so no worries there.

Sometimes the "rent" can include heating and water and other things which are not covered by HB. That figure of £1,069 may include the HB due but not yet paid by the council who usually pay two weeks in arrears. Hopefully the HA will produce an accurate statement for you today.

If you tell yourself the £3.5k from McDees was a lucky windfall and not your hard earned cash you'll find it easier to give the HA whatever money it takes to hang on to your home and remain in social housing as a result when you move on without arrears. I wouldn't haggle over the legal costs because they're not a lot and that could be the make or break of this deal.

[cymruambyth]

Re: Yay more Fun

Good luck.

[kilasuit]

Re: Yay more Fun

Well all i needed to happen 2day was for my toothache to stay away BUT noooo.


Its back and with a vengeance.

Feels like someone attempting to rip my Jaw off.

[The Tech Clerk]

Re: Yay more Fun

C0-codamal

[cymruambyth]

Re: Yay more Fun

Definitely go for the co codamol

[kilasuit]

Re: Yay more Fun

I'm prescribed 30/500 cocodamol along with 400mg ibuprofen and also taken 25mg diclofenac.

Tried salt water mouthwash and clove oil but I reckon it's majorly stress related tbh.