A matter of £25 pounds.

Victories when they come, no matter how small, are there to be savoured for all they are worth. Especially so if it happens to be your first in court defending a possession order. I was today once again volunteering at the court representing members of the public who find themselves staring eviction in the face. The fourth and final case of the day that I handled was the first where I have faced opposition to part of the judgment I was seeking.

The court will generally award a suspended possession order with the conditions that the monthly instalment is met plus a small amount extra towards the arrears. However what is a reasonable amount towards the arrears is sometimes contested, so it is up to the Judge to decide. Thus was the situation for my first actual contested application in court.

The bank was not prepared to accept any less than £50 than towards the arrears, which was, although affordable right at the top end that my clients budget would allow. I therefore informed the rep from the bank that I would be asking for the amount to be £25.

I was nervous and excited, and most importantly wanted to get the best outcome for my client. First the rep put his case, then it was my turn. The words flowed well, the points were clear, although I think I gave some ammo to my opponent when mentioning the three children. It is a fine line between getting the judge sympathetic, and not showing that it is unlikely that the client can afford the repayments. I waited with baited breath for the lines "I believe that £25 is a reasonable amount for repaying the arrears".

Obviously I was over the moon, and the client was very pleased. I see it as another small step towards reaching that goal we are all so frantically chasing. Till next time,
BoB