Ell-enn
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Everything posted by Ell-enn
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There's no specific time - it's whatever the judge would deem "reasonable", no point in asking for a couple of years because you won't get it. I would think they might consider 3 - 6 months "reasonable", but remember it's not guaranteed that you'll get it. How much equity is there in the property ? if there is a lot of equity we could argue that you would suffer a great financial loss if the lender were to gain possession and sell for a knock down price just to clear their mortgage. -
I think all you can do at the moment is wait for the eviction notice and then apply to the court for a hearing to suspend it using some case law asking for time to sell the property(but that's not guaranteed to work) and you will most definitely need to attend the court hearing. The lender obviously isn't going to take notice of anything you send them at the moment as you can't make any payments.
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Evolution Secured Loan Repossession - Help & Advice needed
Ell-enn replied to Cadbury10's topic in Home Repossessions
OK, I understand now - I'm afraid all you can do is wait for the possession hearing date and try to defend - you will have to attend. As you can't offer anyone any payments you're options are extremely limited. -
Evolution Secured Loan Repossession - Help & Advice needed
Ell-enn replied to Cadbury10's topic in Home Repossessions
Hi, when did they get the possession order and did you attend the hearing ? -
Secondly - you will need a copy of your letter to Halifax and your budget sheet to attach to the application. Affixed is the statement for court. You need to fill in the info where there are XXX's at the top (remove the XXX;s) the info you need will be on the court forms you have received. Read through it carefully to make sure everything is OK and change all the XXX’s throughout the statement. When you print it out, your printer needs to be set for A4 paper (not Letter size) Now assemble as follows: N244 form, completed and signed Statement – signed Copy of letter sent to Halifax Budget Sheet This forms the application pack for court. Make sure it is stapled securely together. You will need to take a photocopy of it all for yourselves so you have a set to refer to in the hearing. When you hand it in to the court there will be a fee to pay (not sure how much it is now but make sure you take the eviction warrant with you as the fee is reduced if you actually have a warrant - some courts require you to make an appointment to submit your N244 - ring your local court and ask them what the procedure is and ask what the fee is at the same time (tell them you have eviction warrant), also ask if they take debit cards or if it has to be cash. Ask the court staff if there will be any free legal advisors on duty on the day of your hearing – they can go into the hearing with you and support your case. Tash 1990 Statement for N244.doc
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Hi, please follow the instructions in this and the following posts: Firstly, you need to print out the N244 form to apply to the court for a hearing - I have affixed one to this post). These are the instructions for completing it. As the mortgage is only in your partners name he will have to sign it and also attend the court hearing. 1.Name 2. Tick Defendant 3. Suspension of eviction 4. No 5. Tick at a hearing 6. 15 minutes Agreed by all parties: No 7. Write - Not applicable 8. District 9. Both Parties 10. Tick box for attached witness statement Cross out all options except The Applicant Believes 11 Sign and cross out all options except Applicant Sign and cross out all options except Applicant. Enter your address and contact details. n244_0400.pdf
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Should be ok as long as paid in month it's due. I'll put some stuff on herevtomorrow for you to read when you get back from work. There will be some instructions you need to follow carefully
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We can mention that in your N244. I'll get on to it tomorrow, I had a lot of meetings today and my laptop is still not working at home so need to use work pc
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We can certainly use a letter from your doctor in your N244 so you should get that organised asap
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There is some case law which a defendant can ask the court to consider i.e asking for time to sell but you would need to make payments while it sold and show proof from estate agent who is selling it. It's a long shot but worth a try. I'm not able to help until after the bank holiday though, but if you can wait till Tuesday I'll dig out the case law I've used before
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Hi, my laptop isn't working so I'm using my IPad at moment till I can get it fixed but I expect it will be after bank holiday. However I can reply to your posts. I don't think for a moment you will lose your home for arrears of just £1000. We can't do anything till Tuesday anyway and I will be back at work and able to use computer there. Try to stay positive, you'll be ok
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OK, let's see if they reply to your letters. If nothing by next Tuesday we'll start to draft your application for a hearing. do you have a printer at home ? you'll need to print out quite a few things
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OK, fingers crossed they receive them quickly. If you wait a few days yu can check on the royal mail website to check they have signed for them. You can then print out the proof and keep with the letters etc.
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When you start to receive demands for money - you can send them this (Special Delivery) and see what they come up with - usually gets rid of them for a long time as they don't want to send you that info Subject access request Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:- Details of the agent(s) responsible for marketing the property, a list of the offers received and how they were reviewed. Copies of any newspaper or internet advertisements relating to the sale of the property. Copies of the valuations received on the property (minimum of two is required under the CML rules). Selling agent’s report on activity and any reports relating to visits to the property to ensure security of the property. If the property was sold under value please provide reports and supporting evidence to prove that the best offer was obtained. If the property was sold at auction, please provide reports to support the decision to sell at auction. Specific details of the fees or charges levied by any other agency in respect of this account and a detailed breakdown of said fees or charges and what each charge relates to and on what date said fees or charges were levied. 8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998. 9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. Yours faithfully, XXXXXX
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OK, keep the copy letters and receipts in a safe place - best to get a file/folder to keep everything in and in date order - then you will have everything together if we have to go to court. If you can print out the CAG budget you did sheet at some time it would be helpful to keep in the file - it will be needed for a court pack. You say you've sent them recorded (not Special Delivery) ? they may not get them by the end of the week and recorded don't always get signed for but SD does, helpful if you need to prove they got them.
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Hi Maekez, is your wife going to have to go 6 weeks without pay?
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Make sure you take a couple of photocopies of the letters in case we need them for court.
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I really don't think you will lose your home for the sake of £1,000 of arrears which can be cleared in less than 12 months. Send the letters I've posted above and wait and see if an eviction notice appears - we can then defend that in court. Make sure you send by Special Delivery by 1pm so they definitely get them tomorrow (I'm afraid it will cost £5 per letter but worth it as it may stop them issuing an eviction notice)
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Hi Draft letter affixed. you need to put your address at the top, the lenders name & address under the date and also put in the mortgage account no . You should send these letters by Special Delivery and keep the postal receipts so you can check on royalmail website to print of proof they received them. Send one copy of the letter to Halifax (make sure you have the right department) and one copy to the solicitors with a covering letter as below: (your address, their address and mortgage account no as the other letter - then put: Please find enclosed copy of a letter send to your Client Halifax Building Society. Yours faithfully, XXXX Enc. Tash 1990 Letter.doc
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OK, I understand what you mean now - I think offering £115 is fine - that would mean you wold clear the arrears in less than a year, quite acceptable. I will draft a letter for you in the morning as I have to go out shortly.
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Also, what is the £75 for entertainament?
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Hi, you've only put 100 for mortgage arrears ? I thought you were going to offer 350/400?
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No problem. Just thinking - if you are not named on the mortgage why is the lender discussing with you?
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OK, in the meantime can you answer the following questions please: Is the mortgage in joint names What was the reason for missing the payments under the suspended order? How long is left to go on the mortgage term? If your arrears are only just over £1,000 then offering £400 per month is perhaps too much - you have children who will need things unexpectedly plus any unforseen items in the home breaking down, or car repairs? You need to make the payments completely maneageable. I have affixed the budget sheet we normally use - it calculates automatically as you fill it in and will show you what you can actually afford to offer. Let me know when you have done it. You can then send it with the letter and also it will come in handy if you need to apply to the court for a hearing. Budget Sheet.xls
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Hi, if you need help with the letter let me know and I'll draft something for you.
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