Rent arrears (sorry boring)

[Edenviolet]

Got into arrears after the council made a mistake last year when we stopped getting hb but they didn't adjust the direct debit to reflect this meaning I got behind on payments without realising.

When they did realise after few months they tried to put dd up to a stupidly high amount which we couldn't afford so I cancelled it and phoned them, arranged to set up a so for fixed amount and clear the arrears as and when.
They then kept trying to take the dd as well as so and were quite rude each time I phoned and denied that they needed to change it their end but the bank told me that they controlled the dd not me so even though I'd cancelled it they had o as well.

In the end to avoid double payments each month I cancelled so too and have been using my rent card, my rent is approx £130 a week, this week I paid £130, last week £200 and week before £400 etc so I've been making a huge effort to clear it.

Got a letter today which is apparently my 'final warning' before they take further action???

There's approx £250 arrears left but they are insisting I go to an appt next week, with four unwell dcs it will be impossible to get there but they said if I don't show up it will go against me??

I think they are being very unfair, I've contacted them regularly to try and resolve this and have been paying each week. I'm considering just ignoring them and continuing to pay as it'll be cleared soon anyway, I'm just really annoyed at the way they have treated me.

Dh can't, he has days/half days booked on 5th, 7th, 12th, 21st feb, 10 march already for various hospital appts and needs to keep some holiday for when dd2 starts on a insulin pump so if the council need to speak to me as desperately as their letter makes out it'll be phone/home visit.

Saucy this is quite a common problem with HB and housing officers.

I don't disbelieve you. But it would've taken the OP 30 secs to check her/her OH's bank account to check the money was being taken.

They didn't bother once in the several months it took for the council to notice.

Why is this your responsibility alone ? Your dh will have to go instead or look after the dc. They would rather have the money by instalments than take you to court but you cannot ignore the appointment.

I was referring to you saying she had already posted.

Maybe he takes it unpaid then ?

Fwiw, they tend to prefer phone appointments as they take up less time

Aaaaaaah, I getcha.

The mistake was made not long after dd2 had been very unwell. It didn't cross my mind to check, I just thought all bills were taken care of as had direct debits.

equally he could have checked too . Burying his head in the sand is not an option. iirc you have family who have helped on occasion, is that possible ?

No, dh has no access to bank account etc, I deal with all bills etc.

No family who could/would help, I will just see if I can resolve it over the phone.

No good anyone saying what you should have done, it's happened now.
Pretty easily done with life dragging you along.

Call them on the number on the letter Monday morning, ask for a payment plan for the arrears amount weekly. They may say, a tenner, for example. The more you can afford the better but don't set yourself up to fail by saying an amount or agreeing an amount you can't comfortably manage on top of your rent.

Then pay your weekly rent by dd.
Pay the agreed weekly amount off arrears by standing order. The council should send you forms.

Don't put it off they're taking a harder line nowadays.
If you can afford a higher repayment than you agree, or a lump sum, pay it, but don't pay £20 one week then nothing the next, it doesn't work that way.
You agree to (theoretically) pay £10 per week, but one week you pay £30, that doesn't free you up for two weeks if you see what I mean, you must still pay £10 as agreed the following week.
Hth.

*I didn't allow it to build up.

I set up a direct debit, the housing department by their own admission made a mistake not adjusting the amount when we stopped getting hb.*

Err you did allow debt to build up. You are responsible for this and until you accept this you're not going to fix your situation.

You are responsible for paying rent. You knew your HB had stopped. You should have checked that the rent was now being paid in full out of other income.

Seriously, if this goes to court the judge is going to have absolutely no patience for wishy-washy "it's not my fault". You need to show you can take responsibility.

You need to get a payment plan officialised, not an ad hoc arrangement "when you can make it". It sounds like they just put your request on the notes if you didn't receive written confirmation.

Also, call Citizens' Advice or Shelter.

Why did you not re-check that the DD was cancelled back in December when you called to check after setting up the SO? Surely you were aware that it needed checking again...hence you starting a thread about it before Christmas

I don't know why the OP is getting such a hard time. OK,maybe she should have checked her account more often and then she would have realised she was in arrears before the Council noticed. But it sounds as though more recently she has been making a steady effort to pay down the arrears and keep in touch with the council.

The council seem to be ignoring this by sending the letter - probably computer generated like someone said. Or, as so often happens with bureaucracy , the right hand doesn't know what the left hand is doing. I am sure it can be sorted if the OP speaks to them.

Actually I have had several clients listened to and The landlord not obtain a costs order where the client HAS set up a direct debit and where the dd has not been unobtainable.

No judge in the land will evict you for arrears of £250. Im a housing officer, its not an easy thing to evict tenants, especially if you are making payments. Agree a payment plan with your Housing Officer, stick to it, job done.

I phoned numerous times to get them to also cancel the dd, they kept saying it only had to be cancelled my end the proceeded to try and take it in December and jan, I had to get the bank to block it in the end.the bank told me it had to be cancelled by both parties but council denied this.

In the end they did and I cancelled so and have just been using my rent card.

I'm not too sure why OP getting such a hard time either although I haven't read the previously mentioned thread. It's just £250 arrears now, hardly the largest amount in the world and she's already made a couple of overpayments which shows intent to sort the problem.

OP, ring them as you've said first thing Monday, get a proper plan in place and in writing and then don't worry about it. Just remember to check your statements in future to check things are going out as they should do

Things are a little more settled now re dcs so I've been keeping on top of finances lately.

It was just at the time dd2 was dx with diabetes, we were in andout of hospital and coming to terms with it all and everything else got forgotten about.

OP, I think you should write a very clear letter setting out in bullet points each contact you have had with the rent officers, what you understood to have been agreed, and each date on which you have paid extra to cover arrears. You should explain again the particular responsibilities you have as a carer for 4 children with additional needs, and the fact that their error has not only caused the situation with the arrears, but also caused you and your family significant stress and, assuming this is right, financial hardship. Then you can say what your intentions are with regard to paying off the remaining arrears. That's what I would do and ask them to acknowledge, majoring on their contribution to the problem in the first place and the serious effect that mistake has had on your wellbeing.

You need to make a proper payment plan. Even 10 per week is fine, and stick to it every week. You won't be evicted for 250 arrears particularly as you have been reducing the debt, but you need to take a consistent approach.

OP, sounds like you've been trying your best to get this sorted. If you aren't able to attend the meeting then write to them and keep a copy. Explain your circumstances with regards to the children's health and that this makes it impossible for you to attend a meeting but you would be happy to have a home visit if needed.
Could you offer to pay rent plus a fixed amount and set it up as a standing order (not a direct debit?) Then there's no risk of not paying it on time or of them trying to take more than you are able to pay.

Erratic payments are more likely to trigger action than a regular agreement to clear the arrears, and you don't know what notes they have put on the system, they may not reflect your understanding of what was agreed. If you have an arrangement on the system then miss a payment/ make it late court action to evict becomes likely.
Document everything in case it goes to court

Doesn't your Mil owe you money? It's time to ask for it back.

Mil now owes just 50 pounds so not enough to pay the arrears, she has been paying it off slowly after much reminding.

Do they not do house visits? My HA does house visits if you get behind with rent.

OP, you need to get it in writing the weekly amount you've agreed to pay. Offer the lowest you can afford, set up the standing order and if you can pay more then pay more on your card. Don't say stuff like 'Well I may be able to pay more, get the lowest amount in writing. If you miss an agreed payment that's what triggers the letters so that's why you offer the lowest amount you can afford.Don't take the 'as and when you can' answer from them. That isn't how they should do it, they should be saying how much extra a week you need to pay.

Have you cancelled the DD?