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J402

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  1. Thank you Ell-enn. He was very fair he said that there were many people unemployed, and in the same situation. I sensed that maybe he thought that the banks were all too ready to evict. I asked if there was a legal advisor but was told that there wasn't one today, but sometimes there was.
  2. Good news got the eviction suspended. I informed the Judge that I was last before the court in June 2009 and had cleared the arrears by May 2011 and showed him statements to support this. I also handed him the letter offering empolyment. The Judge asked was I able to make any payments before I got my first wage, I said that I was unable to pay anything as I was currently unemployed. I offered to pay the monthly mortgage plus £42.07/month to clear the arrears on receiving my first wage. The Judge said he was suspending the order and my first payment need not be until 31st July. The solicitor for the bank said that there was a contract issue as I was contractually obliged to pay between now and July 31st as the arrears will have increased by 3 months payments. The judge said that he saw it not only as a contractual matter but as a social matter as I am currently unemployed and as I will be paid monthly my first payment needn't be until 31st July. Also quoting the Norgren case the Judge said that the arrears would be cleared within the length of the mortgage. I'd like to say a big thank you especially to Ell-enn and everyone else who has given me advice and support on this forum.
  3. Hopefully there will be an advisor available, if not I will give my letter offering employment to the judge and explain why I have fallen behind with my mortgage.
  4. Hi Ell-enn. Is it a possibility that there may not be a duty advisor present.
  5. I told them I was seeking independent legal advice. I would have thought the court would have informed them about the hearing tomorrow. It was as if I was I was building a case against myself for them.
  6. Thank you maroondevo52. I will keep you all informed. Could someone tell me why are the bank still ringing me asking whats happening tomorrow. Surely the court would have informed them.
  7. Thank you Ell-enn and everyone else on this forum for your support and invaluable advice.
  8. Hi Ell-enn I put that my elderly mother was in hospital and as I was visiting my mother in hospital everyday I was self employed and unable to go to work. My mother passed away in late January and after the funeral in early Feb I needed a few weeks to manage her affairs. I said that because there was no work in my usual self employed work I took up a driving job and another in a factory before I was laid off in January. Not as much detail as in post 11. Do you think I need to print that out and read it out in court.
  9. Hi Ell-enn I will do that. I have previously cleared arrears of a similar amount within 2 yrs but was unaware that I needed to go back to court to have the order removed, is it worth me mentioning that to the judge to show that I am committed to clearing this debt or will he/she be aware of it. Will the Building Society be represented at the court.
  10. If God forbid and the judge doesn't find in my favour the eviction is scheduled for 65mins after the hearing start. Can I ask the judge time to move my belongings.
  11. Yes I have an offer of employment letter.
  12. I have filed the N244 the hearing is 9.55am on Wed and the eviction is 11am on Wed. I was self employed in 2007 and because of the downturn in the economy I struggled to keep up with the payments payed a lump sum off the arrears and arranged to pay extra with the mortgage and got the eviction suspended. In 2009 I was off work through ill health went to court again managed to pay some off the arrears with a lump sum and continued to pay the mortgage and extra off the arrears. By June 2011 I had cleared the arrears but wasn't aware that I needed to go back to court to have the repossession order removed. In early Dec 2011 my elderly mother was taken ill and was in hospital until she sadly passed away at the end of January 2012. As I have no brothers or sisters there was only myself and my daughter who is a single mum with a 2 year old to visit. During this time I was called down to the hospital either in the middle of the night or early in the morning on 4 occasions. I was unable to go to work as I was down the hospital twice a day. I notified the building society and told them I couldn't afford the mortgage because of the situation and agreed to pay £45/month as a token payment. The funeral was in the beginning of February. I needed some time to manage her affairs after the funeral. In April disillusioned with being self employed I took a job courier driving being promised 5days work a week but ended up only working 2 or 3 days a week as they needed me, and found it a struggle to make ends meet. I paid £200 mortgage at the end of April (by now I was 4 months in arrears) and paid £600/month until Dec 2012. I left and in Nov took a job working in a factory but was layed off in early Jan this year.
  13. I have been offered a job is it too late to stop the eviction.
  14. The eviction date is next Wed 8th, the mortgage company is C&G, arrears are just under £5000, the mortgage has 16 years to run and I live on my own.
  15. Hi Ell-enn yes I've told them that I was made unemployed and told them as I was on JSA I couldn't afford to pay anything towards my mortgage.
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