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Everything posted by lanesra14

  1. Hi all, We received a judgement from the county court for the reposession of our property if we dont pay the judgement debt of £2,450 and costs of £1,450 for an outstanding Anglian Water debt. This despite us having a arrangement direct with AWS to pay £50 monthly on the current balance. The judgement applies to 2 x charges against the property made by AWS which went to court. Is it possible to defend against this judgement at such a late stage? Judgement was made on 25th Jan giving us 28 days to deliver possession of the property to AWS.
  2. Have sent off the N56 form with the offer and ticked the application to suspend box and stated the reason being the recent increase in pay with income and expenses completed to show a little left over money to put towards the offer. attached payslip and now we're hoping for the best. Will update when we hear back. Many thanks for the advice as always.
  3. Thanks for the responses. The CCJ was sought by solicitors on behalf of a DCA. I can make an offer based what we can afford which is £100 per month, reason being we can now afford to make the payments since i got a raise not too long ago. I just wonder if the solicitors can just refuse our offer and persue the Attachment order, or does the court decide if our offer is reasonable?
  4. Hi all, I recently received a CCJ on an old loan from Blackhorse from around 2008. I have now received an Notice for attachment of earnings order which I must respond to in the next few days. As my financial circumstances are a little better than before, I intend to make an offer to voluntarily pay off the amount (£3700) without my employer being ordered to make deductions from my pay. I understand I need to ask for a suspended order and attach my latest payslip. My questions are: 1. How to I go about applying for the suspended order? what forms and support
  5. Brief history as follows: Last June, we had some outstanding council tax arrears which we subsequently paid direct to the council, minus excessive bailiff fees (at the time, well over £800!). Shortly after we paid the council, we woke to find wife's car clamped in our driveway. Car was then towed last July and stored until we received a "notice of sale" this June. The notice of sale showed the debt bailiffs were chasing was approx £500 in fees, £200 storage. And the £1100 car was shown as worth only £150 ahead of auction! Heard nothing since, assuming they had sold the
  6. Hi all, Good news! Eviction suspended as judge felt we were making attempts to remedy the situation. Scheduled for review in 6 months. I didn't even need to say anything. Remarkable , considering the stress this causes from the day the eviction notice is received. What can we do to get the suspended repossession removed altogether? The claimant's representative seemed a little reluctant to explain that we were in court because of effectively 1.5 missed payments. I just feel that after 12 months of regular payments, we should be able to apply to have the suspended posse
  7. Hi, I've just sent you the draft text. Hopefully you'll have time to review Thanks
  8. Yes I have a previous copy I can ammend. Could I send you my draft to check please ?
  9. Thank you Ellen I haven't drafted one yet, was going to do that this morning based on the same points raised above. Hoping to submit N244 today as I have the day off work.
  10. Hi all, Following the last adjournment mentioned in the previous post, we have since received an eviction notice as we missed a payment in Dec '13 and Mar '14. These being the only payments we've missed in the last 15 months. March default is very bad for us as it included £500 we had offered to the solicitors to make up December arrears of £1000. Basically we made the offer to pay 1000 arrears over 2 months ( Feb , mar) as we felt we could afford this at the time. Paid Feb , but failed to pay March as my wife unfortunately lost her job and march payment was now not possible.
  11. The background is that a previous judgement of a suspended order for possession was made a few years ago (circa 2008) when the arrears were much higher and the balance was in the thousands. We kept up with the arrangement as per the order and i was sure this was now done. ...except for this 1 final payment to clear the balance and settle the account.
  12. Hi all, We recently received an Eviction Notice regarding a single outstanding final payment of £475 on an secured loan. The claimant say they have written to us before applying to court (but my wife says she never saw the letters)... Anyhow, I was prepared to pay the outstanding amount of £475, but the lender says there are additional legals fees of £389 from their external solicitors that would also need to be paid to stop the eviction. Is this correct? or will our payment of the outstanding £475 be sufficient to stop the action? I am in the process of completing a N244 f
  13. Hi Ell-enn, Strangely enough, got home after work this evening to find a letter (Notice of Adjourned Hearing) from the local court to say the hearing had been adjourned with liberty to restore. Does this mean they have gone away....for now. But why would they have applied in the first place?
  14. Hi Ell-en. We haven't received anything apart from the Notice (N244A)
  15. Hi there, We have an URGENT update on this situation: We had a Suspension of Eviction granted after the judge ordered that should pay a fixed amount each month (which was lower than the CMI) for 6 months (ending June), after-which we would then begin to pay CMI+£100 towards arrears. This order has been kept to with no defaults, however we recently received a "Notice of Hearing of Application" (N244A) Notice, stating that the claimant has applied for an Amended Order, and thee hearing is in 2 weeks. We have a couple of concerns.... 1. If the judge already stated in his previ
  16. Great news is that the eviction was suspended. Judge was satisfied that we were doing something to sort the situation out and that the repayment amount would only be temporarily unaffordable whilst we either got a decision on switching back or we arranged our affairs to manage the repayment CMI. Gives us a bit of time to explore our options. Thanks for the encouragement gemspan, helped us remain a little positive, but very nervous throughout. This site has saved our home once again.
  17. hi everyone, i wondered if anybody has any advice on our situation. We appreciate there is a strong chance we'll lose our home since there is a big increase in what we have to to pay monthly, and very little time to do anything. Total arrears are £3600 and we had 12 yrs remaining on the mortgage. We just need guidance as to what's a realistic expectation given the situation. Many thanks again
  18. Hello We received a Notice of Eviction after accruing arrears over the last 3 months due to the mortgage switching from Interest only (CMI of £355 + £100 towards arrears) on a previous suspended order from June 2012. All was OK until the CMI went up to £840 which we honestly cannot afford right now. We contacted the lender (big red high street bank) about switching back to Interest Only until our finances improved as we clear some debts. They advised to keep paying what we had agreed in the meantime, but to contact their Solicitors about applying to switch mortgage. I spoke to
  19. I'm in full time employment, and other half now self employed. Original monthly payment on agreement was £460, last court order we agreed to pay £630 to clear arrears. Cannot realistically afford to offer more than extra £50 , making a total monthly payment offer of £680pm.
  20. Thanks Ellen, Decided not to submit n244 for the same reasons you site. Will write to lender with new offer.(could use your guidance on that). Will send you draft statement we intended to submit with n244. Interesting that no-one at the court seemed to know what happens after warrant of eviction date expires.
  21. Yes we completed N244 as before (incl.Income/Expenses + Statement + copy of direct debits since last September showing all payments on time....until we missed April, May and June since we went back to 1 income became overstreched). Found the following info on Applying to Vary a Possesion Judgement (from Avoiding Evicition From Your Home at Housing Repossessions (UK)) Applying to Set Aside or Vary a Possession Order This type of application is most likely to be made by a borrower who did not know about the court proceedings and / or the hearing at which the possession order was
  22. Hi Ellen, Yes this is the same case as last SEptember (secured loan). Went to submit n244 this morning seeking a suspension of eviction on the basis that our finances are much better as of July 1. The court was also surprised that nothing had happened on the 12th as expected. They checked with bailiff who said they failed to execute the warrant on account of not getting a locksmith on the day. Court lady advised that we should be seeking a variation instead of suspension of eviction as the eviction date on the warrant has passed. Not sure if this is the best thing to do. Btw, That co
  23. Hi all, Received an eviction letter last week stating eviction date was the 12th. My partner only showed me the unopened letter today (13th) along with a previous Notice of Eviction Letter she didn't show me several weeks ago (was worried as we've been through this once before, and this is her mortgage, her property) Anyway, we intend to defend the action and just wondered if an N244 submitted tomorrow morning would be possible given that the date has expired. Many thanks
  24. Hi Ell, Just to let you know we were able to get a suspension of the eviction notice on condition we maintain payments for the remaining 16months of the agreements then we'll be free of this debt. Arrears were added to the outstanding balance which increased our monthly payment by £67pm. At least we can see the finish line!!! The lender's representative was a little strange in that he approached me (there we no duty legal reps) prior to the hearing and downplayed their chances of winning and tried to solicit information beyond our written statement, then he went for the kill in the
  25. Hi Ell-enn I changed it to: We assure the court that we are committed to clearing the arrears and respectfully ask that possession is suspended in order to avoid the major upheaval of our family life and the expensive and unnecessary costs which would undoubtedly arise following repossession in the current property climate. Update: The hearing is set for 10am tomorrow. Crossing fingers...
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