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Lea_HTH

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Everything posted by Lea_HTH

  1. Lea_HTH
    What notice was served on you? A s8 notice or a s21 notice? I am presuming you have an AST if the landlord wants the property back - it implies a private rental. If the possession order was granted on mandatory grounds (e.g. due to being more than two months in arrears), then applying to set it aside is pointless unless you clear the arrears in their entirety. However, a mandatory ground may also imply a non-rent issue - so you really do need to be clear which ground was claimed under. Answering which notice you were served with would go some way to assisting with that. If you were served with a s21, there is no defence to that if there were no defects to the notice and deposit was protected (it's a different mandatory ground), and in addition, there does not have to be a court hearing if it is claimed under the accelerated proceedings. You'll need to be a lot clearer, and a lot quicker. If you do want to set aside, (and have reasons to do so), then you'll need to get your application in by tomorrow at the latest.
  2. Lea_HTH
    Just a word about Kingston County Court - they do have a duty solicitor, but she works alone (as far as I am aware), so if you want to see her, get there early. Depending on the day(s) possession hearings are listed, she may not be present. Stay applications can be listed on any day and not necessarily the day the duty solicitor is present.
  3. Lea_HTH
    Read the thread as a whole - you claimed that Britannia had offered you an extension to your mortgage without you having to do anything. Yet the PDF you posted up quite clearly states that they require you to do SOMETHING. It also states you must provide them with evidence of how you can repay the monies. You stated that you will not provide them with that information. You claimed something other than what your documentation shows - I'd suggest it's you having a bad day. As I said originally - you can't force them to lend you money. You either jump through their hoops or jump elsewhere. They are not obligated to you. It's weird how people read tone into replies that don't offer them platitudes and what they want to read. For the record, just in case you want to write back and be rude (once is enough to stop me attempting to help), then be aware that I will neither read it, or care.
  4. Lea_HTH
    You said you had acknowledgement of their offer, without any terms, yet what you have posted up includes conditions you must meet before they agree. Those are commonly known as terms.
  5. Lea_HTH
    Your tenancy is not 'renewed every month". I agree with Mariner - the LL has tried to use saving words - and it is clear from the wording that two clear months notice is being given. So long as the LL starts his action after 3rd October (and he's not done that and we're in November), he can point to the fact that he had the saving words which indicated two clear months was being given. If he can persuade a judge of that - the notice will be valid. Depends on the judge however, as a s21 notice cannot be dispensed with.
  6. Lea_HTH
    It sounds like you've had good advice from the people who have helped you prepare the letter and income and expenditure - you have gathered the information that the judge asked for, so it would seem that once that is seen, the likelihood is that the eviction will be stayed. If you had been unable to produce what the judge asked for, then you'd be in difficulties. The most important element here is the fact that you can now afford the CMI plus something towards the arrears, so even without the sale offers, you'd be in a better position than you were in previously. Try not to be too stressed, I know it is incredibly difficult - but the judge clearly wanted you to have the opportunity to stay in your house, otherwise he could have rejected your information last week. I can't pretend that you aren't very close to the bone with your £80 off the arrears offer - it's only marginally above the Norgan figure, so be prepared to explain to the judge that Kensington are still adding the £50 per month charge, which makes it harder for you to clear the arrears.
  7. Lea_HTH
    It sounds like you are well prepared...I don't have long this morning as am about to leave for court, but will be back later this evening to see if you've had any help, and if not we'll take it from there. You'll need to let us know how many years exactly to the month you have left on the mortgage - £12k is a lot of arrears but if you can afford to repay the arrears in the remaining term of the mortgage, then the judge should at least let you have another try. Obviously it will depend on the exact circumstances - such as when the original order was granted - how many times you've breached the order and so on...
  8. Lea_HTH
    The solicitors can demand what they want, doesn't mean it's reasonable or that a court will agree with them. Put your offer in writing as advised yesterday, then take it from the point you get a response. Suspended possession orders do not last a fixed term. Once you clear the arrears and keep the account in good order for at least 6-9 months, you can apply to have the SPO discharged. They should not be telling you that only the lump sum will stop proceedings as it's obvious you do not have the lump sum - most people, if they did, would try to clear the arrears with it.
  9. Lea_HTH
    You're welcome - try not to panic, you're not going to lose your home. It'll take you around 27 months to clear your arrears and you have at least 108 left on your mortgage, so plenty of time to repay. The absolute worst outcome would be a suspended possession order, but the best outcome would be an adjournment on terms. I don't know about any letter templates, but this letter does not need to be complicated. Dear Halifax (or whoever if you have a named contact). I acknowledge that I have fallen into arrears of my mortgage by X. My proposal to repay these arrears is Y. This will clear the arrears in less than 27 months, which is well within the Cheltenham & Glocester BS and Norgan case, which states that the entire remaining period of the mortgage term can be taken into consideration to clear arrears. I request that you consider this offer and respond within 10 days, as per the pre-action protocols and the MCOB, which states that any reasonable offer should be considered and responded to. MCOB also states that possession should be a last resort, so I ask that if you agree to my offer, you withdraw the proceedings you have issued in order not to wrack up additional legal costs to my mortgage account. If you accept my offer, or not, and proceed to court, and the court awards you the same amount as my offer, or less, I shall ask the judge to consider disallowing your costs and ask for any order the judge decides to make to include that costs are not added to the security or the mortgage account; this I feel would be in keeping with the fact that my offer was in line with what the court would have ordered, thereby making proceedings unnecessary. I have actively tried to resolve this issue, and believed that we were still in discussions to try to come to a resolution, so was surprised that proceedings had been issued. I am increasing my hours at work in order to be able to afford the payment offered, which is now affordable. I look forward to your response. Yours sincerely.... Hope that helps - you don't need to over-complicate things and you don't need to send an income and expenditure form (they may ask for one - don't do one over the phone if they do - come back here and ask for more help).
  10. Lea_HTH
    If you have a possession order, then there must have been proceedings previously. Or are you saying you have received a claim for possession? If the latter, then you should file a defence. One of the things the mortgagee has to do prior to issuing court proceedings is to follow the pre-action protocol, which includes discussing with you what options are available, and considering any reasonable offer you make. Whether your offer of £150 per month is reasonable will depend on how many years are left on your mortgage, and whether the £150 will clear the arrears before that period ends. If yes, then there is no reason why they should not accept your offer and adjourn any proceedings until the point at which you fail to make payment. So, if the hearing is on 19th December for initial proceedings, send a letter to them, recorded delivery, offering them £150 per month towards the arrears - state the date you will make the first payment and make it on that day if it falls before 19th December. Inform them in the letter that you expect a response withing ten days as per the pre-action protocol as to whether they accept or decline your offer, and to provide reasons why if it is declined. State that you will provide any such information to the court and ask that if the court decide that you should pay that figure or a lesser figure, for the court to deny their contractual entitlement to costs since the proceedings and arising costs could have been avoided if they had followed the pre-action protocol (it is in the judge's power to prevent this - but you HAVE to ask the judge to put it in the order he makes). If they don't agree to the offer, then you proceed to court and file a defence including your offer and their refusal. If, on the other hand, there is already a possession order in place, you will need to file an N244 to stay the eviction.
  11. Lea_HTH
    Things were different back in 2006, so whether they complied with everything they were supposed to do then, would depend on what they were obliged to do. The legal fees are interest bearing - they were legitimately claimed and as such are legitimately subject to interest until paid. If you paid the full outstanding arrears, 6-9 months later you should have applied to have the possession order discharged. If you did not, and fell into arrears within a six year period of the original PO, then the bank are correct, all they have to do is apply to execute the warrant, and you don't get notification of that (though most mortgagees will inform you of their intention) - what you get is the notice of eviction from the bailiffs. If the arrears result after the six year period then they have to apply to the court for permission to apply for the warrant of execution - which, if you are in several months of arrears at that stage, will usually be granted, unless it is unreasonable to do so, e.g. there was some concrete reason for the arrears and you have since shown that the situation has stabilised and are back in a position to pay. The judge at that stage also has the right to strike out the application, and the possession order simply sits there until the mortgagee applies for permission again. It is all within the CPR and is not an abuse of process. They hold a valid court order - it was up to you to apply to discharge it. I am sorry it's not what you want to hear, but it is the way it is under the current law.
  12. Lea_HTH
    Legal fees for actual court proceedings are not reclaimable unless they are over-inflated. £500 sounds about right for 2006.
  13. Lea_HTH
    The rent you pay will depend on the type of tenancy you have. Even though you say you rent from a housing association, if it is temporary housing in any way, there is a likelihood the property has been rented by the HA and re-let to you - hence the higher rent. Social rents are subsidised, so should not be at that level, whatever area of the country you live in.
  14. Lea_HTH
    Your biggest issue is that your tenants have left and may well be called as witnesses in the possession proceedings. Which I strongly suspect will be the case. Have you received the court papers yet? When you do, expect to receive a very large bundle of papers containing all the evidence they seek to rely on - which will undoubtedly involve various witness statements and observations of your lack of living at the property, as well as information from credit agencies, council tax, electoral roll etc - this will be information they obtained on the property address as well as the address you were living at. The strongest element will be any evidence from your previous tenants, because the moment they agree to appear and make statements that say you did not live in the property during the time they were there and that they had exclusive possession, you're going to lose. Unless you are now living back in the property, in which case you may be able to fight it. However, you have a solicitor involved - and if they are already quoting £5k to defend, it looks likely that the solicitor believes there will be several witnesses called, involving examination and cross - which takes time and therefore costs money. Edit: The right to buy won't stop the proceedings - you cannot sublet a property you have purchased from a local authority until a qualifying period has passed.
  15. Lea_HTH
    Your parents need to apply to the court to have the judgment set aside. This is the best option and is their right as they were not in the country at the time the hearing took place (if they've got proof of that). Pay the full arrears if the money is available, no point in hanging on to it if the money is available. Make the set aside application on N244, asking the court to reconsider the judgment as they were not present at the hearing, and that if they had been a different outcome may have been a possibility. There is no need to wait until the eviction order comes through if you act NOW. You can of course wait until the eviction notice comes through and apply for a stay instead (also on N244), but what will happen at that stage is that the eviction will be cancelled, but the possession order will remain, albeit suspended. The best outcome will be from having the original judgment set aside.
  16. Lea_HTH
    s21 actually doesn't have an end date per se. They can be ended only by ending the tenancy (either by moving out or by court action), or by the creation of a new tenancy for the same property. So, whilst the LL said it would last 12 months, whoever he got his advice from got it wrong. It'll last until one of the things in my initial paragraph occurs and the LL can act on it (so long as it is validly served) whenever he chooses. The conditions he is asking you to comply with have absolutely nothing to do with the s21, and the comment you posted from him just indicates he is using it to ensure you behave yourself. To answer your questions. 1. As above. 2. You haven't given us the relevant dates - so how could we tell? Provide the date of the tenancy agreement, date rent is due, any variations that have been allowed, and any renewal of tenancy agreements. Then provide the actual dates written on the s21, as well as any additional wording. 3. They can use a s21 at any time, whenever they like, for whatever reason they like. In court it won't matter what reason they told you about the s21, the only thing that will matter is was it validly served and if there was a deposit was it protected. A possession order will follow if things were done correctly.
  17. Lea_HTH
    If the deposit was a 'deposit guarantee', then no money exchanged hands. It's a 'loan', because if the LL claims for damages to the property, the local authority will pay out and then get repayments from you. If no money changed hands, there's no TDS requirement.
  18. Lea_HTH
    All you can do is ask for an adjournment, but with the level of the arrears amounting to around 6+ months of missed payments, the court is very likely to award a suspended possession order. If you haven't already marketed the property and have offers on the table, the fact that you are planning to sell isn't necessarily going to persuade the judge that you really have the intent to sell. But as I said, all you can do is ask, inform him that you are aware you need to sell because you cannot afford to keep the property, and that you are getting assistance from family members to pay. The last bit will be more persuasive if the family member giving the money goes to court with you. Judge can't order them to pay, but often find it persuasive when someone is there stating they are willing to help.
  19. Lea_HTH
    If you genuinely can't get help from CAB or a law centre, book an appointment with your MP. He/she can refer you to the Bar Pro Bono Unit for help. CAB/Law Centres can also refer you to the BPBU, and can also refer you to the Free Representation Unit. As a last resort, if you have a university near you that offers Law as a subject, you might wish to call their pro bono department and ask if a law student could help you out - most law schools have a law clinic of some description these days.
  20. Lea_HTH
    I know for a fact that GE Money can allow a further two years for payment after the end of the loan period - so ask for that, if you can afford to. Point out that repossession is supposed to be a last resort under MCOB rules and that if a further two years will clear the debt, there is no real prejudice to them. Unfortunately the court will grant a possession order as the term is over and their hands will be tied.
  21. Lea_HTH
    You can apply for as many stays as you want - whether you get one or not will be up to the judge. Whoever gave you that dud information should be reported to her manager as she's wrong. It will be up to the judge, period. I am not saying that you'll succeed however, it will depend on your reasons for defaulting again, and how many stays you've already had - and how badly you've defaulted, and why...
  22. Lea_HTH
    If she doesn't want to be there and the other woman does, suggest that the other woman takes over her place in the tenancy - that way no one needs to know that she was living there without consent or knowledge of the landlord. If they refuse (obviously the couple are trying to reduce their own outgoings by increasing other people's if they share one quarter of the rent between them (they should all be paying one fifth)), then it is an easy matter for your daughter to inform the landlord that there is an additional person there and she does not want to be held responsible for any damages that person might cause and would therefore like to be released from the tenancy. LL might not be pleased, but better for someone to inform him before there is a problem.
  23. Lea_HTH
    No, the bailiffs should have been informed that there is a hearing coming up and that the eviction is temporarily stayed until the judge says otherwise. Phone the bailiffs office at the court to double check they have that information if you are worried.
  24. Lea_HTH
    If what you have offered is reasonable, with contingencies for the variances that are inevitable with self-employment, then I am sure a judge will find in your favour, even if the mortgagee refuses your offer.
  25. Lea_HTH
    If what you have offered is reasonable, with contingencies for the variances that are inevitable with self-employment, then I am sure a judge will find in your favour, even if the mortgagee refuses your offer.

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