Repossession Hearing for Rent Arrears & Costs Help

[Snapples]

I was in court yesterday with my daughter for a repossession hearing for rent arrears on her flat.

As all arrears had been paid before the hearing the court adjourned the case for 12 months but made an order for my daughter to pay legal fees & court costs. As my daughter is on Universal Credit she offered to pay £10 p/m but the claimant refused this and the Judge said that if a repayment schedule is not agreed then my daughter will have to ask the court to decide.

My daughter has 14 days to either pay or come to an agreement and I can't see the Landlord's Agent agreeing to anything. Is there a form that can be sent to the court asking for time to pay?

[jaguarsuk]

I was in court yesterday with my daughter for a repossession hearing for rent arrears on her flat.

As all arrears had been paid before the hearing the court adjourned the case for 12 months but made an order for my daughter to pay legal fees & court costs. As my daughter is on Universal Credit she offered to pay £10 p/m but the claimant refused this and the Judge said that if a repayment schedule is not agreed then my daughter will have to ask the court to decide.

My daughter has 14 days to either pay or come to an agreement and I can't see the Landlord's Agent agreeing to anything. Is there a form that can be sent to the court asking for time to pay?

A Costs order is exactly the same as any judgement and if the two parties cannot agree the judgement can be enforced via various different mechanisms, such as applying for bailiffs to come around.

Application for enforcement can only be made after default on the 14 days, therefore it would be wise to contact the claimant today to ask their agreement of the proposed repayment plan giving seven days to respond or else she may make an application to the court without further reference to them.

Your daughter I assume should get fee remission being on UC and would be well advised to make an application to vary the order to pay in instalments before the 14 calendar days are up. An application to vary will put a bar in place and prevent the claimant from moving to enforcement until the application has been dealt with.

The application is filed with form N244 and its advised a draft order is included with the application to show the court exactly what she is proposing. In section 10 of the form N244 tick "the attached witness statement" and enclose a Witness Statements stating that she is unable to pay within 14 days, that she proposes repayment by instalment, attaches a Statement of assets and other financial circumstances by way of evidencing her financial situation and that the matter be determined without a hearing so as not to cause the claimant or court any further cost.

[Snapples]

A Costs order is exactly the same as any judgement and if the two parties cannot agree the judgement can be enforced via various different mechanisms, such as applying for bailiffs to come around.

Application for enforcement can only be made after default on the 14 days, therefore it would be wise to contact the claimant today to ask their agreement of the proposed repayment plan giving seven days to respond or else she may make an application to the court without further reference to them.

Your daughter I assume should get fee remission being on UC and would be well advised to make an application to vary the order to pay in instalments before the 14 calendar days are up. An application to vary will put a bar in place and prevent the claimant from moving to enforcement until the application has been dealt with.

The application is filed with form N244 and its advised a draft order is included with the application to show the court exactly what she is proposing. In section 10 of the form N244 tick "the attached witness statement" and enclose a Witness Statements stating that she is unable to pay within 14 days, that she proposes repayment by instalment, attaches a Statement of assets and other financial circumstances by way of evidencing her financial situation and that the matter be determined without a hearing so as not to cause the claimant or court any further cost.

Thank you for your reply..

So, do you think she should immediately file the N244?

Application to vary the order to pay in instalments, what form is used for this?

[Amethyst]

N245 https://www.gov.uk/government/public...on-of-an-order

[Snapples]

I am getting confused now. N244 or N255 or both and does my daughter send the application with help for fees at the same time?