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  1. #1

    Order to attend court for questioning

    Hoping you could help.

    We have an order to attend court for questioning.

    This relates due to a dispute with our old landlord for 10k, relating to arrears (about 1.5k of this total amount), and the rest for damage/repairs.

    Our old landlord has a legal degree and we are sure he has been scare mongering for the last year with some of his statements. We stupidly did not attend the hearing when he originally claimed, and the ccj was awarded.

    We had a letter through to attend court for questioning, unfortunately we could not make it due to child care, and rang the court to let them know.

    We have now recvd a 2nd court order which we can and will attend.

    Me and my OH both work full time, but are pretty much living at a deficit due to our rent being 1600 per month. We live in a 4 bedroom house with one room converted into a study. We have 2 young children.

    I had a relatively well paid job when we moved into our new property, however I was made redundant for the 3rd time in 18 months. I took a lower paid job which was more secure to give us a little bit of stability.

    Our worry is that because we cannot afford to pay anything at this time, can they demand that we relocate to cheaper housing?

    We have made an offer of 200 per month, which claimant has rejected. We know when we arrive at court there is insufficient disposable income to cover this amount, but claimant insists that court will take a dim view of how we got into this mess in the first place, and at the high rent we are paying. He tells us they can make us leave our house.

    We understand that since ccj was awarded, that we must pay. We have accepted this and put forward the offer of 200 which we cannot afford but would find a way somehow.

    My question is, we have tried to tell landlord that if he doesnt accept our 200 offer, then there will be a good chance court will rule that we do not have enough for them to make a payment plan order.
    If we offer 200, will the court be ok with this as we cant realistically afford this without dropping an priority bill, or will they say that needs to be revisited if our circumstances change?

  2. #2
    Have you been putting the 200 a month away so that you have a lump sum to offer the LL now?

  3. #3
    We have not, purely because we cannot actually afford this. If they could accept our 200 per month offer, then we would find a way to pay somehow, but dropping another bill.

    Not ideal, however the relationship we have with our landlord is toxic, and was even before we left the property.

    I am due a promotion at work, and hope that within 6 months my wages will have risen enough to cover our 200 offer.

  4. #4
    If you can't afford 200 a month at present - as you imply above - then there is no point whatsoever in offering it. "Dropping another bill" is not a sound strategy as I'm sure you realise deep down. As obvious as it may sound, your payment offers need to be based on what you can afford after paying for essential living costs. If that figure turns out to be very little or nothing, so be it.


    Making unsustainable offers will create more problems for you than it solves. Go to court, present your budget - as unattractive as it may look to the claimant - and let the judge do the rest.


    It is not within this court's remit or powers to order that you move out of your current accommodation.


    Please get some thorough debt advice from one of the free charity services. There is plenty of practical support available.

  5. #5
    thank you so much for your reply. I completely understand that it is not sensible to offer what we cannot afford, however the claimant is very aggressive, and along with his law degree , we are sure he is making false statements to pressure us into offering what we simply cannot afford.

    We have had threatening messages from his son, which was partly the reason why we did not contest the original claim. Had we have done so, we know we would be liable for some costs, but certainly nowhere near the 10k.

    We told the claimant that we would not tolerate threats and it could compromise his case. He simply said he cannot control what other people do, and that his son was rightly angry and let his emotions get the better of him.

    We know we have been at fault for some of the debt, and we accept that. We had hoped that by offering even 200 which we cannot afford, then the court would see that we are trying to resolve.


 

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