Urgent help regarding eviction

[cat100]

Hello everybody hope somebody can help me with my eviction probelm.
My situation is as follows.
My arrears are £14,000.I have a suspended order of possesion which was granted in early May on the agreement that we had to pay £2,000 per month.Unfortunately we missed July's payment due to me not getting paid.I have now been informed that db mortgages now wish to proceed for eviction and the only way to stop it, is to pay off all arrears.
I rang db bank today to offer £4,000 in mid August to put us back on track,and therefore pay them £2,000 there after until arrears are cleared.
DB bank then informed me that my mortgage is now with a firm called Mortgage Title Resulotions Ltd transferred in the last couple of days.
Rang this firm, offered the same payment plan as mentioned.They won't accept this and are going ahead with eviction date from the court.
I await the date from the court,I know I have to fill a N244 for a court hearing which I will do.
Obviously I'm petrified about getting turfed out. I know we can pay the £2000 per month,thats not the issue, but how do I present that to the court as I have missed one payment. I can catch up ie pay £4,000 next month.But what worries me is that i pay this money before the court hearing and lose, I wont have money to rent a property.
Please help

[Ell-enn]

Hi there, it's best to wait until you get an eviction order from the court before putting in your N244 otherwise it will cost you £75.00 (it's only £35.00 once you have the order). We can help you with the wording on the N244 so don't worry about that. You will probably have made the mid-August payment before you get any order or correspondence from the court anyway, so that will be in your favour.

In the present climate judges are very reluctant to grant possession, especially in cases where there is a good possibility of the debtor making regular payments, so I really don't think you have anything to worry about.

I know it's a scary time for you at the moment, but keep posting on here and you will get lots of support.

Let us know as soon as you have any more information.

Kind Regards

Ell-enn

[Bona]

You need to pay Julys as soon as you can and then Augusts when it falls due

[cat100]

Thanks Ell-enn.
I appreciate your help and advice.
Just don't know how the judge/court will view us agreeing to pay this £2,000, then obviously missing July payment.
Also were do I stand if court eviction paperwork stills bears the db mortgage name on it.They have sold the mortgage debt on to this other firm. Should I put our offer in writing to this new company?, just to show to the court that we are trying to resolve the probelm?
Regards

[cat100]

Thanks Bona appreciate your advice.
Will try to pay off what I can before Augusts payment, but the bulk of it would be paid by middle of August.
Regards

[Bona]

That should be in time it will take 3 weeks to a month to get an eviction date

[vickson]

Hi Cat

I also think that 2000 is such a lot of money to pay per month, Hwen I went to court first time judge actually reduced the amount I had offered to pay off arrears. So think seriously if this is reasonable to you, you have the whole remaining life of the mortgage to pay off the arears, however you wish to pay them off in 7 months. I understand that you may want to pay them off quickly in order to get rid of the charges,
At first I offered the mortgage co a lot to get them of my back, but honestly judges want a solution that will benefit both sides rather than have you coming back to court again when you have defaulted on the arrangement.

My mortgage was also transferred on the day I was meant to be evicted. Its a bit confusing but the new provider will continue with any arrangements that you have made with DB bank.

[cat100]

Thanks vickson for your reply.
Our original mortgage payment was £1640 so we are paying off only £360 per month of our arrears. We can pay the £2000 per month,not saying we are flush though.I dont know how the judge would view it if I asked it to be lowered, I suppose I'm frightened to cause anymore trouble in case it causes the judge to grant the eviction.
Regards

[vickson]

Oh Sorry I didnt understand that the 2000 was including the monthly payment, That makes sense then.

[OLIVE.FAMILY]

Hi Cat100.
Vickson is right that is a lot of money. The judges usually agrees as long as the arrears are cleared by the time the mortgage ends. So if you have 14 years left that is 1000 a year that works out less thaen £100 a month so even if you offer £150 that is still less then you are paying now.

olivesxx

[TheChancellor]

Originally Posted by cat100

Thanks Ell-enn.
I appreciate your help and advice.
Just don't know how the judge/court will view us agreeing to pay this £2,000, then obviously missing July payment.
Also were do I stand if court eviction paperwork stills bears the db mortgage name on it.They have sold the mortgage debt on to this other firm. Should I put our offer in writing to this new company?, just to show to the court that we are trying to resolve the probelm?
Regards

You mentioned that you missed July's payment through not getting paid?
Was this due to someone elses fault regarding money that you were due? (employer?).If so I would get proof of this to show the court that the only reason you didnt pay was due to circumstances beyond your control.
Good Luck.

[cat100]

Thanks for everybodys advice,I will wait for eviction date then ask for more advice then.

[cat100]

Just an update, still waiting for court letter regarding eviction,seems to be taking along time. Suppose I'm tempting fete.

[Bona]

They might be having secvond thoughts

[cat100]

I doubt it,we don't have that luck.
They will get £2000 this Friday no doubt that will remind them.
Also with it changing hands from db mortgages.

[cat100]

Hi Everybody
Have received our eviction date 1st September (2 weeks time)
Need the advice now on filling N244 will take it to court on Monday
Have sent £2000 to db Mortgages on Wednesday (payment 15th of each month) Haven't been able as of yet to pay the other £2000 we missed last month.Will be able to hopefull next week.I'm worried that if I pay this I wont have any money to rent if we get evicted.
Waiting for advice.

[Ell-enn]

Hi there, I will be on line from now until late tonight - we can get to work on the N244 when you are back online. I would advise you to make the payment next week, as this will show the court that you are committed to clearing the arrears. I would be very surprised if the judge granted possession given that you have an income and can make payments towards the arrears.

Just need to know why you missed the payment - you say it was because you didn't get paid - can you give more info on that please, as we will need to use that in your defence.

Try not to worry too much, I'm sure you will be OK.

Kind Regards

Ell-enn

[cat100]

Hi Elle-nn
My wife's business was not able to pay her last month hence missing payment. She made sure employee's were paid.Cashflow was poor,customer didn't pay her.Business is improving so by end of next week £1,000 to £2,000 will have been paid.If the £2,000 is paid we would be back as per agreement (suspension order).
Thanks
cat (fellow Yorkshire person)