Court claim - rent arrears

[n20998]

Re: Court claim - rent arrears

Hi nemesis, thanks for replying.

I don't think vulnerable person applies, it's not something that's been mentioned to me by any of the doctors or physchologists I've had contact with.

It built up over 15 months - basically I paid £3K of the £7.5K I should have paid. I paid nothing in the final 6 months when I knew eviction was coming. I was working for about 9 months of the 15 I was there (sick leave rather than unemployed for the rest).

In terms of attempting to resolve the arrears. I tried when in the property to make agreements which would have allowed me to stay, but they were unrealistic and I couldn't keep up. Then as mentioned it got worse towards the end. I've made one agreement in December which I didn't keep to. Since then, I contacted the claimant a couple of times to say I would pay the amount plus the payments I'd missed but they never responded to agree so I didn't make the payment (after I spent the money at the end of the month on other debts they did reply reminding me of the date of payment coming up!!! I told them as they hadn't replied it was going to cause a delay then they started this action).

Sorry hope that makes sense.

[nemesis45]

Re: Court claim - rent arrears

Yes it makes perfect sense to me.

The court will not order you to pay more than you can reasonably afford without causing ( do a personal I & E statement to work out this figure).
If you can get this accepted in a Consent Order you can avoid a CCJ.
nem

[n20998]

Re: Court claim - rent arrears

Thanks again. Do you think I should try to get the Tomlin Order or just let it go to the CCJ?

I'll try to ask some specific questions
1. What do I need to make sure I include when offering the Tomlin Order to the solicitor?
2. When making the offer, is the court fee the same as stated on the claim form?
3. When making the offer, do I have to include their legal representatives costs?
4. If it's rejected and we go to the CCJ process, will the terms offered in the Tomlin Order be relevant? ie. I think I need to make it beneficial for them to accept, so offer very slightly more than I would under the CCJ? This part is confusing me.
5. In the meantime what do I do with the court papers I have? I'm anxious the time is going to run out quickly!

Thanks

[FlamingParrot]

Re: Court claim - rent arrears

Thanks again. Do you think I should try to get the Tomlin Order or just let it go to the CCJ?

I'd rather do the Tomlin because a CCJ can have a detrimental effect in many areas of your life, not just credit. Unlike defaults, CCJs are a matter of public record and searchable by anyone upon payment of a small fee. You'll find some examples here: http://www.legalbeagles.info/forums/...221#post485221

You should make sure you can afford the repayments in the long term, as it can be very hard to vary the terms of a Tomlin Order.

I'll try to ask some specific questions
1.What do I need to make sure I include when offering the Tomlin Order to the solicitor?
2. When making the offer, is the court fee the same as stated on the claim form?
3. When making the offer, do I have to include their legal representatives costs?
4. If it's rejected and we go to the CCJ process, will the terms offered in the Tomlin Order be relevant? ie. I think I need to make it beneficial for them to accept, so offer very slightly more than I would under the CCJ? This part is confusing me.

Not really, bear in mind a Tomlin order doesn't stop them from obtaining a CCJ, it merely stays the proceedings while you keep to the terms of the order. If you default, they can still get their judgment and enforce it like any other judgment so I don't see why you'd need to offer more.

5. In the meantime what do I do with the court papers I have? I'm anxious the time is going to run out quickly!

You have 14 days to acknowledge service so you've still got a bit of time. Your first step should be to do an income and expenditure form to establish how much you can realistically afford to repay every month. This would apply equally to a CCJ or a Tomlin order. This is a good online budgeting tool: http://moneysmart.nedcab.org.uk/budgetsheet.asp

Once you know how much you can afford you can put forward your offer.

[n20998]

Re: Court claim - rent arrears

Thanks for the reply FlamingParrot.

I've done an income and expenditure, it's obviously difficult as I've given unreliable service at work the past couple of years so income has been changing. I do know how much I can reasonably offer, and it's similar to the amount I stated above.

Apologies for repeating, but I'm happy to send the offer to their solicitor, I'm just looking for help on what I need to say to make it clear. Also I want to get the figures right, so do the court costs stay the same and do I have to accept their legal representatives costs?

[nemesis45]

Re: Court claim - rent arrears

It is usual for the claimant to pay the cost of a Tomlin (Consent) Order.
It is just a simple letter of offer.

Does not need to be complicated.

I will make payments of £xx.xx per calendar month until the debt is fully repaid.
I have enclosed an Income/Expenditure statement which is compiled to the best
of my ability, due to illness and periods of being on sickness benefit my income
has been and remains erratic.

My offer of payment is £xx.xx per month and I agree to this offer being incorporated into
a Tomlin (Consent) order.

The order if acceptable will be drafted for you and you will be sent copies to signed and returned
to the court for sealing, you will then be sent a sealed copy of the order.

nem

[n20998]

Re: Court claim - rent arrears

Thanks nemesis, so do I include the court fee as included in the claim fee in the total amount owed? What about the legal representative costs? I want to clarify the figures I'm agreeing to in the offer letter that I'm sending.

[nemesis45]

Re: Court claim - rent arrears

No the court fee will usually be added to the order, some creditors will just absorb the cost.
The costs are already in the claimed total.
nem

[stevemLS]

Re: Court claim - rent arrears

Draft up a Tomlin Order based on the examples you have been pointed to - post it up if you want people here to look over it for you.

Then:

Dear Sirs

I refer to the claim no xxxxxxx issued by yourselves on [date].

I have been in some financial difficulty recently, as your client is aware. I would like to propose that we deal with this matter by way of a consent order.

I have completed the attached income and expenditure information and you will see that I do not have excessive disposable income. On that basis, I would like to offer £x per month.

I am sure you will agree that on the basis of the enclosed information, were this matter to proceed to a hearing, it is most unlikely that the court would order any greater payment.

It is my view that it is both our respective interests to settle this matter in this way in the interests of avoiding further expense.

I would be grateful if you would respond within the next 7 days so that I can comply with the court's deadlines. If you agree, please sign the enclosed consent order and I will lodge it with the court.

Yours etc

I don't think you have any optioin but to accept the court fee and the (fixed?) costs.

[stevemLS]

Re: Court claim - rent arrears

Sorry - I wasn't quick enough!

[n20998]

Re: Court claim - rent arrears

Thanks both. So is the order drafted by me or them...the last few replies seem to contradict.

[nemesis45]

Re: Court claim - rent arrears

The order will be drafted for you ( put into legal speak), for you to approve and sign.

nem

[n20998]

Re: Court claim - rent arrears

Great cheers. Still slightly confused by the costs. The Court fee is £280...is that for the CCJ process? If they accept the Tomlin order is it more/less/same? Same with the legal representatives fees?

Apologies if I'm not getting it!

[nemesis45]

Re: Court claim - rent arrears

The court fees are in the claim for the CCJ process the Tomlin fee used to be £40.00 it will be added to the claim, sometimes claimants will waive the fee.
You will be agreeing to pay the total cost over an agreed period if the TO is accepted.

nem

[n20998]

Re: Court claim - rent arrears

Thanks, so I'm going to say £xx amount claimed + £xx interest (I'll work this out to the date it was served (today)) +£205 court fee (sorry I said £280 before that was wrong) + Tomlin fee if appropriate.

Can I reject/refuse the legal representatives costs or do I add that as well?

Thanks again.