John RIMELL - Eastbourne Court - Plaint C176

File Document 4

IN THE EASTBOURNE COUNTY COURT.                                                                  Plaint No. C.176

L W A Application No. Mo. 9/47.

IN THE MATTER OF THE LIABILITIES (WAR TIME ADJUSTMENT) ACT.

and

IN THE MATTER OF the Adjustment and Settlement of a MORATORIUM Debt

or Liability of JOHN RIMELL of WOLVERTON HALL, PEOPLETON, in the

County of Worcester, and formerly of 83 Percival Road, Hamden Park,

Eastbourne, in the County of Sussex, Chef.

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Report by the Liabilities Adjustment Officer
pursuant to Rule 57 of the Liabilities (War-Time Adjustment) Rules
1944, on the application of the Eastbourne Corporation for a Mora-
torium Order
in respect of General Rates

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According to the statements of the debtor:-

1.     He is aged 50 and has a wife and son (aged 13) to support. A daughter of 17 is partly dependent.

2.    In April 1929, he purchased the freehold property, 83 Percival Road, Hamden Park, Eastbourne, for £825 of which £802 odd was obtained on mortgage from the Eastbourne Mutual Building Society repayable by monthly installments of £4. 0. 9d over a period of 21 years. Interest is 4½% per annum, and the balance of principal outstanding at 31st December 1946, was £656 odd (according to the Society). Mortgage payments are in arrear.
Rates, formerly £9. 18. 0. per annum are £14. 17. 0 per annum and the Water Rate is £2. 0. 8d. per annum. Both are in arrears. (The arrears are specified in paragraph 6 below)

3.     Prior to the war the debtor was employed as a chef at the Burlington Hotel, Eastbourne, but he has not stated what his earnings were. Owing to the war circumstances he evacuated on 12th September 1940, to Worcestershire and he is still there. For about 18 months before and the first six months after he evacuated, the debtor was ill with nervous disorders and did no work. He relied on National Health Insurance, an allowance from his employers, and Public Assistance, but has given no details of the sums received

4.     For the first six months (after evacuation) the family were billeted in one room, the debtor being unemployed. He then obtained his present post at Wolverton Hall, Peopleton, Worcester, cooking for the staff of an evacuated firm, living in and receiving £3. 15. 0. weekly, and free accomodation for himself and family. (I have no information about the arrangements for the family's food).

5.     83 Percival Road did not suffer war damage. The War Damage Contribution of £11. 5. 0. has been paid.
The property was empty (except for the debtor's furniture) from 12th September 1940 until 31st March 1945, since when he has let it partly furnished at £1. 1. 6. weekly exclusive of general rates.

6.     The debtor's liabilities in respect of 83 Percival Road, Hamden Park are as follows:-

   (1) Arrears of mortgage interest and installments of principal due to the Eastbourne Mutual Building Society, Terminus Road, Eastbourne £66. 9. 7d. (according to the Society on 9th July last). During the years 1940-42 as a result of his illness (partly before evacuation) the debtor became in arrears with his repayments to the Society to the extent of £89. 4. 9d.
In December last, a binding settlement was agreed between the Society and the debtor, whereby he is to pay the full arrears by installments of £3. 15. 0. a month over a period of two years, in addition to the normal repayments of £4. 0. 9d. a month. These payments appear to have been made.

   (2) Arrears of General Rates due to the Borough Treasurer, Eastbourne, £49. 10. 0. In respect of the period 1st April 1940, to 31st March 1945. The debtor has paid £2. 9. 0. on account, and the balance now outstanding after deducting the Corporation's evacuation allowance (£27. 0. 9d) is £20. 0. 3d.
The debtor has made no proposals for the settlement of this claim, saying that his uncertain state of health does not permit him to make any offer. I do not regard this as satisfactory.

   (3) Arrears of Water Rate due to the Eastbourne Water Works Company, £10. 4. 4d. Of this sum, £9. 13. 2. is in respect of the period 29th September 1940 to 25th March 1945, and 11/2d due subsequently, i.e. since the property was let. The Water Company have made an evacuation allowance of £4. 16. 7d, reducing their total claim to £5. 7. 9. They are prepared to accept payment by installments of £1 a month.
I suggested to the debtor that he should make an application for a Moratorium Order as regards this claim, which could have been heard with the present application of the Corporation but this he has declined to do. The power of the Court to include other moratorium liabilities than those which are the subject of an application by the Court, does not seem to apply where the application is made by a creditor (see Section 2 (1) of the Act of 1944). Perhaps the Waterworks Company will apply.

7.     Regarding the rates arrears, the subject of the application now before the Court, I do not consider that any reduction beyond the concession already granted by the Eastbourne Corporation would be reasonable.
The debtor was unemployed only for six months after evacuation, but the arrears of rates extended to 4½ years.
The resulting debt of £20. 0. 3d. could be paid by attaching the rent of £1. 1. 6d. a week now received by the debtor, and I suggest an Order accordingly.

dated this 12th day of August, 1947.

Liabilities Adjustment Officer
20, Princes Street, Brighton.

Endorsed "Order as Suggested"

Transcribed from document ref: LCO 26/654 at the National Archive by Peter Rimell - September 2006

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