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| T O P I C R E V I E W |
| silverlining |
Posted - 18 October 2010 : 20:17:03
Hi. My wife and I have our court date for this Friday 22nd, and dreading it. We are completing our S.O.A and are not sure whether we need to split the expenditures between us or just put the entire amounts on both of our forms.. We would be really grateful of your advice. So good to be able to see how other people have coped while going through this frightening process. I feel sure It will be worth the stress in the end. It can't be worse than the worry we've had since both being made redundant within a month of each other 18 months ago. Thanks |
| 15 L A T E S T R E P L I E S (Newest First) |
| llewjac |
Posted - 26 October 2010 : 18:02:47
Thank you Big Al
We would definitely feel safer being able to pay off our rent arrears rather than claim it in our bankruptcy. We haven't got a date yet for our O/R interview but do you think the OR will agree to it becoming a secured debt? it wasn't even on our S.O.A at all because we wasn't aware of any arrears until we came home from court on Friday and found that the rent statement had been delivered in the post. Should we phone the Housing association and offer a payment plan now, before our interview or must this be done through the O/R?
We have an appointment with the benefits office on Friday to check whether there has been a gap in our benefit entitlements as Richard has suggested.
Thank you so much for taking the time to help us, its much appreciated.
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| Bigal4787 |
Posted - 26 October 2010 : 02:01:11
Hi,
I dealt with quite a few people who had rent arrears when they went bankrupt, and although claimable in bankruptcy, the following case: "Harlow District Council versus N J Hall" allowed landlords to evict tenants who claimed rent arrears in bankruptcy.
This then makes rent arrears a priority debt in bankruptcy, which the OR should agree to be paid(whether in a payment plan or otherwise) on the grounds, that if you didn't, you would lose your home, the last thing the OR wants to do is make people homeless.
Big Al |
| Housing |
Posted - 25 October 2010 : 09:27:50
Great - good luck and be strong...
Richard
quote:
Originally posted by llewjac
Thank you for your help Richard, feeling more positive today. Will make that appointment, then post back.
"There are no problems - only solutions" |
| llewjac |
Posted - 25 October 2010 : 06:37:34
Thank you for your help Richard, feeling more positive today. Will make that appointment, then post back. |
| Housing |
Posted - 24 October 2010 : 22:32:57
Hi again,
Orbit are a good Registered Provider (housing association). As you say they ate one of the larger associations and therefore are well respected in areas of good practice and with dealing with procedures such as Mortgage Rescue.
I would be inclined to make an appointment to see someone from Housing Benefits face to face to see where your entitlement has "dipped." I am sure they will do that.
Equally, if the reasons are genuine then Orbit will be fine and try to assist you. They will not want to get rid of a tenant who has been assisted by MR.
Suggest you contact HB and see what the statement means and they will guide you.
Post back then and we will try to assist. At the moment focus on positives...
Good luck, Richard
quote:
Originally posted by llewjac
It is a Assured Shorthold Tenancy that we have.
The Housing Association is Orbit, so it is one of the bigger ones. We were extremely lucky to receive mortgage rescue, it was mainly due to my husbands health. I wish all the others that post here with mortgage problems could receive the help that we have.
They haven't actually asked for the arrears yet, the first we knew about it was when we received the Annual rent statement on Friday. I immediately phoned the housing benefits office on Friday afternoon and asked them to send me a statement of their payments made to Orbit, this came yesterday morning and to be honest I can't tell whether the payments are right or not, I've tried to compare them with the statement of benefits they were sent to us over the last year (there are several of them) and I really can't tell what's what.
We're worried incase Orbit will not renew our tenancy in Sept 2012 due to us not paying this amount and them, ultimately, losing the rent money due to our bankruptcy.
Your help and support is getting us through this at the moment. Thank you.
"There are no problems - only solutions" |
| llewjac |
Posted - 24 October 2010 : 19:35:03
It is a Assured Shorthold Tenancy that we have.
The Housing Association is Orbit, so it is one of the bigger ones. We were extremely lucky to receive mortgage rescue, it was mainly due to my husbands health. I wish all the others that post here with mortgage problems could receive the help that we have.
They haven't actually asked for the arrears yet, the first we knew about it was when we received the Annual rent statement on Friday. I immediately phoned the housing benefits office on Friday afternoon and asked them to send me a statement of their payments made to Orbit, this came yesterday morning and to be honest I can't tell whether the payments are right or not, I've tried to compare them with the statement of benefits they were sent to us over the last year (there are several of them) and I really can't tell what's what.
We're worried incase Orbit will not renew our tenancy in Sept 2012 due to us not paying this amount and them, ultimately, losing the rent money due to our bankruptcy.
Your help and support is getting us through this at the moment. Thank you.
|
| Housing |
Posted - 24 October 2010 : 15:00:24
Hi again,
Well done on the Mortgage rescue - they often do not complete - you seem to have been one of the lucky ones.
I work as a consultant Housing expert. At the moment I am heading up a housing department on an interim basis in the North West. My job is to oversee the staff that deal (amongst other things) with homeless families.
You will have an assured shorthold tenancy (I suspect) At best you may have an assured tenancy (which gives you more protection). Who bought the property under the MR scheme - was it a large Registered Provider (housing association)?
I suggest at the moment you check with Housing Benefits to see if there is a gap in your entitlement to HB - they should make a statement available for you. When you have that check that you are receiving what you are entitled to with the council.
Has the registered Provider said they are going to take any action for the arrears?
At the moment do not say you are BR - no need to as yet. If it were a non secured debt accrued before the BR Order, it will be lost in your BR - so do not stress as you have no need to. Chester has already said that to you - so do not stress whatever you do!! 
For the time being just try to see where you are with Benefits. You may be entitled to WTC (assuming you or your partner are working) That may boost your income a bit. Hopefully, you will be able to see what you are entitled to and come back to the forum then - one of us will be able to assist you. Or go to CAB or Shelter - or the local housing depaqrtment again
Post back and stay confident!!
Richard
"There are no problems - only solutions" |
| chester2005 |
Posted - 24 October 2010 : 14:49:20
well done i knew it would go ok for you
as far as the dentist and glasses go thats no problem when you have the OR interview mention it then and they will adjust the figures accordingly.
as far as the rent arrears go it should be able to be included in your SOA as an unsecured debt in BR
what the ramifications for your unsecured tenasncy are i would not know but i'm sure Richard can advise.
officially it is a debt incurred before BR and as such you cannot pay it . it is the resposibility of the OR
Dave
Don't worry or know that worrying is as effective as trying to solve an algebra equation by chewing bubble gum.(Baz Lurhman)
RevivaUK and Paul Johns helped me through it all i can't recommend them enough!! |
| llewjac |
Posted - 24 October 2010 : 12:35:17
Thank you Richard,
There are a couple of issues I'd like to ask your advice on please.
Firstly we forgot to add an amount for dentist/glasses on our S.O.A. will it be too late now to ask the OR to take into consideration?
Also when we got home from court on Friday a rent statement from our housing association had come in the post to us, it showed that we have £700 rent arrears, this was out of the blue, we had been paying some towards our rent and getting housing benefit for the rest. I can only think that this has happened due to our circumstances changing numerous times due to me finding part time work and more recently my husband gaining some casual work, obviously each time there has been a change we have notified housing benefits and they have recalculated. It looks like we may have not been paying enough ourselves at times by accident, which has generated these arrears. What do you advise, do we contact the Housing association immediately to make arrangements for us to pay the arrears off a bit each month and then tell the OR or should we leave it for the OR to tell us what to do. We want to clear this up with housing association a.s.a.p, so as not to be at risk from losing our home, we have not got a secured tenancy at the moment as they bought the house off us a year ago through mortgage rescue and gave us a 3 year agreement which at the moment is not a secured tenancy. We are now really worried about this and would be so grateful for your advice.
Thank You. |
| Housing |
Posted - 24 October 2010 : 12:11:41
Congrats - you have done it.
Believe me you will get through it - less than 12 months to go!!
Post as necessary - I give advice on property related matters - if you have any issues - will be happy to give advice
Richard
"There are no problems - only solutions" |
| llewjac |
Posted - 24 October 2010 : 09:06:28
We've done it! went to court on Friday, you were all right, it really wasn't so bad, we had to see a judge but was only with her for a few minutes, just asked if we were sure we understood the seriousness of bankruptcy, and that by looking at our file she could understand how our situation had occurred and hoped that we could now move forward with our lives, she was lovely. We left court and went for a coffee and a large cream cake! thought about you Golf88! We do feel a bit of an anticlimax now, will be glad when we can get a date for our interview, I think then we will really be able to feel some relief and can start to look forward to our future, we are both in our middle 50's and want to be able to enjoy some peace of mind now. Thanks again everyone, will keep you posted. xxxx |
| chester2005 |
Posted - 20 October 2010 : 23:24:57
i'm sure you won't need it but Good Luck anyway on Friday
it can be a bit of an anticlimax but it sinks in over a couple of days then you feel great
Dave
Don't worry or know that worrying is as effective as trying to solve an algebra equation by chewing bubble gum.(Baz Lurhman)
RevivaUK and Paul Johns helped me through it all i can't recommend them enough!! |
| Golf88 |
Posted - 20 October 2010 : 19:41:56
quote:
Originally posted by llewjac
A big thank you for all your support, you're all such lovely people, we don't feel so alone now after receiving such a warm and friendly response. Our marriage has also began to suffer and also our health, so we're really hoping for a new start, we both feel like we're not really living at the moment, certainly life's not much fun. So looking forward to getting Friday out of the way now that you've put our minds at rest. We'll definitely take your great advice golf88 and treat ourselves to a coffee and cake afterwards.
Will let you know how it goes.
Sending you lots of love, thanks & best wishes.
xxxx
Good for you. Keep looking and posting on the forum, there are so many good folk on here to keep you both going, I couldn't have done it without them. Good luck and best wishes, golf
Regards,
Golf88
Taking a day at a time and enjoying them a bit more than I did before.... |
| llewjac |
Posted - 20 October 2010 : 09:20:28
A big thank you for all your support, you're all such lovely people, we don't feel so alone now after receiving such a warm and friendly response. Our marriage has also began to suffer and also our health, so we're really hoping for a new start, we both feel like we're not really living at the moment, certainly life's not much fun. So looking forward to getting Friday out of the way now that you've put our minds at rest. We'll definitely take your great advice golf88 and treat ourselves to a coffee and cake afterwards.
Will let you know how it goes.
Sending you lots of love, thanks & best wishes.
xxxx
|
| Golf88 |
Posted - 20 October 2010 : 00:09:47
quote:
Originally posted by silverlining
Hi. My wife and I have our court date for this Friday 22nd, and dreading it. We are completing our S.O.A and are not sure whether we need to split the expenditures between us or just put the entire amounts on both of our forms.. We would be really grateful of your advice. So good to be able to see how other people have coped while going through this frightening process. I feel sure It will be worth the stress in the end. It can't be worse than the worry we've had since both being made redundant within a month of each other 18 months ago. Thanks
Good luck and please don't fret so much. It is much more civilised than you are imagining - honestly. I went BR on 24 june 2010 and my OH on 16 sept 2010. We are different people now it's all done and have a completely new outlook and we are beginning to live now. Our marriage of 25yrs was all but over and i am chuffed to say the Divorce is now off, the stress is off and we are alive again. I will be thinking of you. Good luck and when friday is over you might feel 'weird' for a week or two because it's all so normal on the day but treat yourselves to a nice coffee and muffin afterwards and chill. All my love Golf88
Regards,
Golf88
Taking a day at a time and enjoying them a bit more than I did before.... |
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