Sorry for delay in replying. Most if not all councils allocate properties on a points system. You will start off as low priority for a council house. If/when the mortgage co. apply for possession you will be awarded extra points. The amount of points awarded will increase with each stage of the repossession. Other factors will be taken into account such as 1] previous/existing health issues 2] present housing situation 3] local connection 4] present housing condition 5] social/welfare needs As for rehousing the council will not rehouse you until all options have been exhausted. They will also expect you to defend the repossession (even if you lose) or they can class you as intentionally homeless(ridiculous I know).In respect of the house near your children's school, unfortunately it will most probably be allocated before you are considered for a house. All the above is based on my experience and could vary depending on which council you come under. With reference to the benefit's issue, I can't believe that they expect you to live on £700 a month with children

New

I've put a link on you're other thread so you can check what you are entitled to in the way of benefits. Hope it helps. Start Calculation

Try this to see what you're entitled to; Start Calculation

I'd have thought you would have received confirmation of the possession order through the post by now. Can you check on-line or ring the court to confirm it's been sent?. Can't remember how long it took for ours to come through. I'll check and get back to you later. What it will do is confirm that on 11th June 2008 the building society will gain possession of your property .After that date as you will still be there they need to go to the court to obtain an eviction order. Now depending on the building society and how busy the courts are the time for this to happen will vary. Once this has been issued you need to be submitting your N244.(I see that Bona and some of the others are able to help you with filling that in).

The SLC are currently charging interest of 4.8% pa interest on loans which means that £35 a month is how much you would pay on an outstanding loan of approx £8750. Repayments are at a rate of 9% on any earnings over £15000 so to pay off just the interest you would need to earn approx £20000.

I've just read through the thread and have noticed the following; 1) No mention has been made about contacting the housing department of your local council about your situation. Hopefully it won't be necessary but if the worst happens and you do get evicted at least they will know and you will be at the top of their list for a house. 2) When I was in your position, I put the N244 through online over a week before the eviction date. After a few days when a hearing date hadn't been allocated, I rang the court and they couldn't trace any record of it. When they did trace it I thought that if they couldn't fit a hearing in before the eviction date they'd suspend the eviction until after the hearing but the court advised me that they would have to fit me in and that the eviction date /time would stand. My hearing was eventually set for 2 1/2hrs before I was due to be evicted.

Great news SugarRush. Hope you find somewhere nice.

Sorry I don't know much about tenants rights but I found this on the shelter web site. Shelter: Repossession by a landlord's lender What happens if the lender gets a possession order? Most tenants have no right to remain in their home once the mortgage lender has been given a possession order by the courts. From this point onwards, anyone living in the property is an 'unlawful occupant' and can be evicted by the bailiffs. No separate court hearing needs to be held but you should receive written notice (see above). There are exceptions, however. You may have the right to stay on as the tenant of the lender if your tenancy is binding on them. See below for more information. Is my tenancy binding on the landlord's lender? In very limited circumstances, your tenancy may be binding on the landlord's lender. This means the lender will become your landlord after the repossession and will need a separate court order to evict you. Most tenancies are not binding on the lender, but there are exceptions. You may have a binding tenancy if: you were already living in the property at the time the mortgage was granted (eg as a sitting tenant or when the landlord took out a second mortgage), or the lender specifically agreed to the tenancy, or the landlord's lender has recognised the tenancy in some way (eg by asking you to pay rent direct to them or by accepting rent from you). Most lenders will avoid doing this or will call the payment something other than 'rent'. If you are unsure about when the landlord's mortgage started, ask your landlord, or get advice to find out whether the tenancy is binding. An adviser may be able to confirm this via the court, the lender, and/or the Land Registry. How does a binding tenancy affect my rights? If your tenancy is binding, the lender will become your new landlord. You would continue to have the same type of tenancy that you had before, so your rights would remain unchanged. In most cases, this means that you at least have the right to a written notice and court order before the lender can evict you. As your new landlord, the lender is required to follow the correct eviction procedures. What should I do if I have a binding tenancy? If you have a binding tenancy, you should: get advice immediately on how to present your argument, and try to provide written proof of the date the tenancy began, such as a written tenancy agreement, and write to the lender to confirm that the tenancy is binding as soon as you find out that repossession is a possibility. Send photocopies of any proof you have. When deciding whether to take action, remember that the court may order you to pay legal costs, which can be expensive. It is probably worth trying to use the rights a binding tenancy gives you if: you have a regulated tenancy or an assured tenancy as these give you stronger housing rights that are worth protecting, or you need more time to find alternative accommodation. But if your tenancy gives you little protection from eviction (eg an assured shorthold tenancy) you will only be able to delay the eviction (rather than stop it) as the lender will not need to prove a legal reason in order to evict you. In this situation, you may not feel that taking action to stay on is worthwhile. What if my tenancy is not binding? Most tenancies are not binding on the lender. If you are in this situation and your home is being repossessed, you may be able to: persuade the lender to take over as landlord and/or to give you more time. ask the court to 'suspend the warrant for possession' to allow you time to find alternative accommodation. An adviser can help you do this. Use publicity. Local and national media may be interested to hear about tenants who are the innocent victims of repossession. Publicity may encourage the lender to allow you to stay on. Seek compensation from the landlord. The court can award damages for loss of the tenancy, but cannot reinstate you in the property. And bear in mind that if your landlord has lost the property due to mortgage arrears, it may be difficult to enforce any money judgment that the court makes. Can the landlord evict me her/himself? Probably, although in most cases s/he will have to give you proper notice and get a court order before s/he can do so. This would give you more time to find alternative accommodation. The exact rules on for how and when the landlord can evict you depend on the type of tenancy you have. Use our tenancy checker to find out more. Updated: 08 Feb 08

The trouble is their in a no lose situation, they get lump sum on the completion of the sale and you still have to pay any shortfall. A bit of advice from the cml(council of mortgage lenders) 18. When selling properties which have been taken into possession lenders are under a duty to obtain the best price reasonably obtainable. A lender is not bound to postpone the sale in the hope of obtaining a better price at some future date; however, the lender should allow sufficient time to permit, for example, proper advertising so that the best price obtainable may be achieved. Mortgage lenders generally use the following administrative procedures for selling properties which have been taken into possession: Administration (a) The sale may be dealt with either via a lender's in-house department or through a separate property management company employed by the mortgage lender. Dedicated staff are responsible for coordinating the sale of properties in possession which will include reviewing the offers received from potential purchasers as well as monitoring the condition of these properties and their valuation. Valuation (b) A valuation of the property is obtained from either one or two qualified surveyors and another from the appointed estate agent. Prices are usually reviewed every three to four months and more often when the circumstances justify a revaluation. Estate Agents © Properties are usually marketed through an estate agent in the immediate locality of the property being sold. Agents may advertise properties in the local press, with such advertisements being repeated as and when necessary. Mail shots and national advertising may also be carried out in some cases. In general, lenders do not market these properties as "repossessed properties"; in many cases estate agents are specifically instructed not to do so. Report on Activity (d) Estate agents are usually required to report on activity every four to six weeks if a property remains unsold. The estate agent will notify a mortgage lender of any offers received. Only when satisfied that the best price has been obtained, would the estate agent recommend this offer for acceptance. If the offer is substantially below the asking price, the agent must provide supporting evidence to suggest that this would be the best offer obtained. In practice, all offers are accepted or declined promptly. Where there are a number of very close offers on a property, a sealed bid procedure may be carried out whereby the person putting forward the best offer would be the successful purchaser. Visits to the Property (e) The agent will usually visit the property on a regular basis and ensure that any repairs and maintenance to the property are carried out and that the property is secure. When properties are first put up for sale, mortgage lenders will usually arrange that essential repairs, cleaning and tidying of the garden are carried out. Whilst the estate agent will take care of minor repairs which are identified on the regular visits, other repairs usually require the approval of the mortgage lender. Where this work is carried out, estate agents will be required to obtain competitive estimates. Prospective purchasers will normally be accompanied by the agent when viewing a property. Auction (f) Properties in possession may be sold via auction. These properties are reviewed relative to sales experience and the length of time on the market. There are occasions when properties may be sold by auction because either the auction is specifically targeted at the type of property in question, eg a period type of residence, or the property will generally appeal to the speculator market because of its condition. Such properties are referred to an appropriate auctioneer. A catalogue would be issued and the properties are available for viewing. A reserve price is usually based on information relating to the number of viewings and general level of interest. A reserve price is set several days before the auction following consultation with a surveyor on the valuation of the property. Proceeds of Sale 19. Following the sale of a property in possession, the proceeds of sale will be applied in the following way. First the lender will use the funds to meet the costs incurred in selling the property and to repay the outstanding mortgage including interest. If there are subsequent loans secured against the property any surplus will also be applied to repay these loans prior to any amounts being paid to the borrower. If there are insufficient proceeds of sale to repay the mortgage, the borrower will remain liable to repay any outstanding debt. Indemnity Insurance 20. Mortgage indemnity is insurance which a lender may take out for its protection where a high percentage loan is made. This insurance policy covers the situation where, at some future stage, the lender has to repossess the property and sell it and the lender suffers a loss. For example, if the property is sold for less than the amount of the borrower's outstanding mortgage (including accrued interest) the lender can claim on the mortgage indemnity to recover some of its loss. The basic security for the mortgage is the property. The mortgage indemnity, therefore, acts as a form of additional security for the lender. It provides no protection to the borrower who gains no benefit, other than a high percentage loan advance than would otherwise have been granted. 21. In most cases, the mortgage indemnity will cover the lender only for part of its loss and, in addition, once an insurer has paid a mortgage indemnity claim, it gains the right of subrogation; this means that the insurer can reclaim from the borrower any money it has paid to the lender under the mortgage indemnity claim. Either the lender or its insurer may take legal action against the borrower to recover the shortfall if the borrower does not repay it voluntarily, although any action is taken in the name of the lender. In most cases, the lender contacts the borrower to recover the shortfall on behalf of itself and its insurer. This does not mean that the lender recovers the loss twice; any money paid by the insurer which is collected from the borrower is then passed back to the insurer. Recovery Procedures 22. Following the sale of a property, the borrower remains liable to repay any shortfall which might arise between the amount of the outstanding mortgage and the sale price obtained. When a borrower purchases a property with mortgage finance, the borrower enters into a personal covenant with the lender to repay the mortgage in full. When two or more borrowers purchase a property, the lender will treat them as jointly and severally liable for the entire amount borrowed, irrespective of how much each borrower actually contributed to the mortgage repayments on a monthly basis. The lender has 12 years (5 years in Scotland) in which to seek recovery of the shortfall via the courts. Direct recovery could extend beyond that point. 23. After the sale of a property, the borrower should keep their lender advised of forwarding addresses so that contact can made regarding the sale and repayment of any shortfall. The lender will notify the borrower either by letter or by telephone as soon as practicably possible of the amount of the shortfall. If the borrower has not provided a forwarding address, the lender will try to locate and make contact with the former borrower. 24. The lender and the borrower will generally agree a repayment arrangement taking into account the borrower's current income and expenditure. In the majority of cases, payment arrangements are made without the need for court proceedings; this enables both parties to review the arrangement as and when necessary should circumstances change. If the borrower is unwilling to enter into an acceptable voluntary arrangement, the lender may use other enforcement remedies via the courts to seek repayment. A record of the repayment arrangement might be held by a credit reference agency and the borrower will need to advise any future lender of the shortfall debt and repayment arrangement. Further information can be sourced direct from the Council of Mortgage Lenders. Call: CML on 020 7440 2255 , or visit their website at The Council of Mortgage Lenders

Try this Administration of Justice

Congratulations great news.(don't forget to check in 4 weeks) :grin:

The "cooling off period" refers to a period after you have signed the agreement within which you can change your mind and cancel the said agreement. I'm assuming this is the same agreement as in you other thread ,"consumer credit agreements" are you likely to have problems paying this back or are you just hoping that there is some way you can invalidate the agreement?

For Income support Children’s earnings The earnings of children and young people are ignored unless the young person has left school and is in paid work. In these cases the first £5.00 of any earnings (or £20.00 if a disabled child premium is in payment for them) is ignored and the remainder counts against the personal allowance included in the Income Support calculation for the child. Any earnings that exceed the child’s personal allowance and any disabled child premium are disregarded. Where Child Tax Credit has been awarded the earnings of any child or young person are totally ignored.

Going by the Banking code (link below), I would have thought that they should be partially responsible if they don't take into account your ability to pay. We recently had a loan co write to us saying they had excess money that they were able to loan to existing customers. I sent off all the details and they came back with the relevant figures but they advised us(thankfully) that it was not advisable due to our income. That is what I call responsible lending. BBA – British Bankers' Association - The Banking Code on responsible lending

MY Husband had a credit card (recently settled), which started off with a limit of £500.00. They kept adding an extra £200.00 on every couple of months and it ended up at £4900.00. Not once did he request an increase just didn't get round to saying he didn't want any additional credit. Anyway managed to get the charges back just wondered if it was worth looking into the irresponsible lending aspect because I doubt whether they checked his credit rating every time they increased the limit.

Has anyone tried or been successful in making a claim for irresponsible lending?. i.e. for a credit card where they automatically increase your limit every couple of months. I know they say you can decline the increase but how many people bother until it's too late.