Hello everyone I am in desperate need of some advice.

We have a second eviction booked in for Friday and a court hearing two hours before !

This is a second eviction the first was suspended as we made a payment of just under £3000 and a payment arrangement however as it was double the arrears amount and my husband was unable to gain employment we defaulted again.

We are now in a position that he started a new job this week we have a budget worked out with cab have made cutbacks to be able to offer £447 towards arrears as well as our mortgage payment of £780

We also have accepted an offer on our house through an agent and the buyers want to complete in under five weeks

There is £80,000 equity in the property

We also have four children ageing from 3 months to 7

I'm so scared we are going to lose our home I filed a n244 form before contacting cab I did not know I could even apply to the court I have emailed the solis acting for our mortgage lender and they refused our offer to repay at £447 a month and a lump sum on the 6th dec. said all the money or nothing. Basically said your fault you agreed to high repayment and your only option is to be evicted.

I have filled in the n244 form and submitted evidence is there anyone I could send this to for a second opinion?

If be so grateful for any advice / thoughts

To add our current arrears stand at £5997 our last payment was in August for £2998 which we had to source from every avenue which left us in position even worse then we was in before

Hello and welcome to CAG.

I expect the forum guys will be along later with advice for you, please bear with us until they're able to get here. They'll know what to do.

My best, HB

Thank you I am worried sick we are so stupid for leaving it so late but did not know I could apply to the court to stop it.

I am

Worried I have not filed a good defence I hope someone can have a read of what we have submitted if this fails we have less then two hours to move out I out family home I cannot stop crying.

Thank you I am worried sick we are so stupid for leaving it so late but did not know I could apply to the court to stop it.

 

I am

Worried I have not filed a good defence I hope someone can have a read of what we have submitted if this fails we have less then two hours to move out Of our family home I cannot stop crying.

Hi,

You will get some help. I'm pm'ing an expert for you.

Hold on.

DD

Thankyou for your kindness much appriecated

I know you must be worried sick. The girls on here are wonderful, so just sit tight.

By the way, who is the lender?

I shall do Thankyou I have read other threads which have given me some hope

It is santander but having to deal with eversheds

I just hope that having a buyer a new job and positive equity will go on our side

I hope it will too.

Some lenders are so awful they'd want to take your house even if you were selling it and could pay 48 hours later. And Evershed's are mean.

If you don't get a response tonight please don't worry. As you've been reading the threads you'll realize that a lot can be achieved in 24 hours.

They are very mean sent proof of everything to them and it was still declined

The other thing about Evershed's is that you sometimes think you are speaking to a solicitor and you are speaking to someone with no qualifications at all.

I once took British Gas to court for wrecking my house because the dope at Evershed's who represent BG just didn't get it. It was only when I actually issued proceedings that it escalated and a solicitor called me to sort it out.

Yes it is a very call centre atmosphere from them

They work to a script.

The people you need aren't online at the moment, so you have to hang on. It may be tomorrow, but you will get some help.

I will keep checking Thankyou x

xx

Hi there, what did you put in Q.10 of the N244 ?

Do you have the offer from your buyer in writing? any documentation from the conveyancing solicitor ?

Hi I did a statement explaining why we are in arrears information on the house sale and our new budget sheet which we got from cab

Also included a job offer letter a sale memorandum which states to be complete within four weeks and a email for solis saying they are acting for us and have all documents they need to proceed :-/ I can send you copies if you would like

If you have submitted these documents with your N244 then I am sure you will be ok. When the judge sees that you have a sale agreed and a new job I cannot see how possession would be given to the lender. Do you know if there are any duty legal advisers at your court on the day of the hearing? If there are you can approach them and they will accompany you into the hearing and support your case.

I'm worried I may have missed vital points and babbled on too much.

Also today eversheds finally replied to my email saying despite us explaining out situation sending proof I am offer and that my husband is in new employment and is in a position to pay a lump sum on the 6th dec and monthly payments plus an extra 447 a month towards arrears they said they had contacted Santander and they want full payment or we will be evicted.

I have tried to negotiate previously and sent a copy of my husbands work offer. But it has done no good.

I have asked but there will not be any in as only have them

On a Monday and Tuesday in our court.

Thankyou so much for replying. Do you think the judge will take into account If he gave possesion that we have children and less then two hours until the balliff would come and throw us out?

I honestly don't think you will be evicted - you have a sale agreed on your house and a new job which means you can pay the mortgage and some of the arrears until the sale completes. Is the CAB not able to provide someone to go to the hearing with you ?