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  1. Hello, I hope someone here can help me. After having fought eviction successfully 4 times we have again fallen behind with 2 payments on our suspended repossession order, this time due to urgent works (collapsed drain) that had to be carried out whether we wanted or not as it was backing up into the house.We can prove that with paid invoice. Long story cut short we want to put an end to this vicious cycle and sell the house ourselves, having had estate agents here over the weekend confirming that the house is worth more than we owe. And they think it should sell quickly because apparently there is a shortage of houses of this size in our area. We have the money to bring the arrears up to date prior to the eviction BUT that's all we have - I worry that if we pay it and the Judge does not allow us to sell ourselves we have no money left to find a place to stay, as there are 4 children aged 10-16 in the property that is a very worrying scenario. Can someone please give me advice: Do we pay in the arrears and take such a huge risk or can we eg turn up at the Court with the cash in hand? Is there any sample N244 around on here which quotes any relevant cases as I am mightily confused which ones would be the appropriate ones for our case? I really hope that someone is online who can point me in the right direction as the last Judge firmly told us not to bother coming back...
  2. Need pointing in the right direction please. I have an assured short hold tenancy agreement which started 27 February 2015, ends 27 August 2015. On 4 th August my landlord changed the locks to the property and will only let me back in to collect my belongings. I called the Police, they state they can't help it's too much of a grey area. Local Council won't get involved. Shelter pointed me to Local Council, local council pointed me to CAB. Cab stated I should just accept it as no one was going to prosecute the landlord. They did point me to Civil legal helpline, who stated they can't help because I have now secured another property. What are my options ? A little back ground, my landlord did not protect my deposit until late April and offered no explanation as to why. I did not receive the prescribed information until 8th May. On 9th May I received a hand delivered letter stating that the landlord /tenant relationship had broken down and therefore the landlord was evicting me as of 1 st Aug. I replied and stated there were no legal ground for eviction and his letter was not valid. In May I received a further letter advising me that he was evicting me under section 21 of the housing act on Aug 27th. Late July I received a letter asking what it would take for me to leave the property. I replied and stated I wanted the return of my deposit before I would consider leaving. I further stated that I would not hand back the keys to the property until all my belongings were removed and I had confirmation from Royal Mail that my mail redirection was in place. On 4th aug, the deposit was repaid. Later that day I went home and found the locks changed. I emailed the landlord seeking confirmation he had done this and pointed out it was illegal, his response was that the legal owner of property was the person paying the mortgage and my tenancy had ended when my deposit was returned. Everyone who I have spoken agrees the landlord acted illegally by changing the locks, but no one can help and I have been told in no uncertain terms no one is going to do anything about it. What can I do myself ? My belongings are still in the property. He states I can collect them and he is perfectly entitled to remove them 4 weeks after the tenancy ended, but to my understanding, the tenancy has never been legally ended as the only section 21 notice he issued was prior to returning the deposit. Do I have any options ? I wanted him prosecuted for this but no one is prepared to help, bit pointless having a law thats states it is an offence to illegally evict someone if no one is going to uphold that law. Any advise regarding what I can do would be greatly appreciated. I don't have the money to hire someone to remove my belongings or for solicitors, but if it is possible to issue a court claim myself then I am not afraid to do so. What would I claim for ? and which claim form ? Sorry for the long convoluted post but wanted to give as much background as possible. Oh, one final things, he has today emailed me stating that my continued emails to him are bordering on "harassment" and he will forward a complaint to the Police. He further states I am not to contact him again unless it is to confirm I will collect my belongings or through the Courts. Happy to do so through the Courts, but where do I start ? Any advice please
  3. Hi, I got behind with a second mortgage through a sub prime lender which led to a suspended possession order last August. Everything went fine for the first seven payments made on time or early, but I now find myself four months in arrears of the court order. I have broken several arrangements and on Wednesday night (8th July) I came home to find an eviction notice had arrived in the post from the court for eviction on the 27th, nineteen days later. The eviction notice says you can try calling the court but need a really good reason to stop this, and I am getting desperate. I am self employed and although I would be able to get back on track with the order up to date, it is going to take at least six months, even with selling what few assets we have left. We have equity of around 270k in the house The lender has written and said I should call them as they could offer an arrangement if the account had been well maintained, but we would not find ourselves in this position if the account was well maintained, and feel this is to make them appear the good guys in court when I try to defer the order. Any help would be gratefully appreciated.
  4. Our interest-only mortgage with GE Money expired last year and as we were unable to pay off the balance or remortgage, the Court granted a 56-day possession order in April 2015. A week or so before the court hearing we put our property on the market for £385,000. We have since received a date for eviction (28th July). On receiving this notice, I called GE Money and explained that the house is for sale (we'e since reduced the asking price to £335,000 as there has been little interest). They said that if we managed to find a buyer and exchange contracts, they would call off the eviction. Do you think it's worth us completing a N244 form and asking the judge to suspend the eviction on the grounds that we are trying our best to sell the property?
  5. Every daily newspaper is today reporting the dreadful events of yesterday when Tom Crawford's long running battle with his mortgage provider (Bradford & Bingley) came to an end when bailiffs eventually entered Tom & Sue's bungalow and repossessed it in accordance with the court order. Given the high profile and public interest in this case, over 70 police officers were in attendance and the cul de sac where Tom and his wife lived was closed off. Police also hand delivered letters to all his neighbours to advice them of the reason for their presence. http://www.scoop.it/t/lacef-news Sadly every year thousands of homeowners suffer the same fate as Tom Crawford when their home is repossessed but none of them get the press publicity that this one has. There is because, unlike other home owners, Tom Crawford is a support of the Freeman on the Land movement. A few months ago bailiffs attempted to repossess the bungalow and social media sites appealed for supporters to attend the address to halt the eviction. Over 500 protestors gathered at the property forcing the bailiffs and police to retreat. Following that days events, Tom attempted to stop any further action by appealing the possession order to the court. In doing so, he did not seek assistance from a solicitor. Instead, he sought the services of various individuals who are well known on the Freeman on the Land (FMoTL) and Sovereign Citizen circuit. Quite simply.....the court rejected their silly arguments.
  6. Hi little advice needed as slightly complicated matter and having difficulty seeking advice as no one seems to know what I'm talking about (eg CAB and Shelter) I have a 50% shared property mortgage and housing association leasehold. I have received an eviction notice due to rent arrears. There a suspended possession order in place that included both the mortgage and rent aspects. Due to large legal fees on both accounts I was in discussions with the housing association and they have now obtained an eviction warrant for 9th July. I have already made an appointment to file the N244 form. The notice of eviction was an LT28 I discussed this with my mortgage company, they were unaware of the proceedings and informed me this was the incorrect form and should be for an owner/occupier. CAB have written to the housing association stating my case and offering a payment plan but they are a little hard nosed and not interested. At a bit of a standstill and unsure what to complete on the N244 as still unsure if the correct form was used (trying to speak to my mortgage company to see what they are now aware of). Any help appreciated and hope this makes sense .
  7. Hi Guys, wondering if anyone can help me/provide some advice. A couple of years ago my landlord (Housing association) applied for a possession order. At the time my rent arrears were around 2k. I agreed with the judge to pay back the arrears at the rate of around £15 per week. I have recently had a period of unemployment and as such fell behind with my agreement, and for the last 6 months or so have only worked sporadically, usually not applying for HB when I havent been working. As the arrears have risen to about 2300 I recently called my landlord to let them know I had secured an 18 month contract at a new employer - and was able to start making weekly payments of £30 per week on top of my rent to start clearing the arrears. I have stuck to this since the agreement though unfortunately one of the payments went missing (since turned up) & they have now sent me letters and are saying they are applying for an eviction warrant. Is there anything I can do, In an ideal world I would like to continue paying the £30 per week on top of my rent to reduce arrears - my current arrears are just under 2k and at a push I could probably get my hands on anything up to a grand to get them halved. Any advice would be much appreciated
  8. I am a secure tenant of a social housing landlord in Scotland and have been so for fifteen years, at the same address throughout. I am the sole tenant, I do not sub-let or keep lodger(s), however for the last three plus years I have allowed a friend to stay with me in the property as my "guest" (for want of a more appororiate term), and it has been their sole and only home throughout that period. The landlord has been aware of their presence at the address throughout, and has not objected or attempted to have them removed. Following almost three years of a difficult and steadily deteriorating relationship between myself and the landlord, relating to other matters unrelated to my co-habitee, my landlord has now served a summons for eviction on me. I'm disputing it in court on the ground of the landlords unreasonable expectations and demands, but quite frankly only rather half-heartedly as I realise and accept that even if I win, our tenant/landlord relationship is untenanble in anything more than the very short term on account of our various difficulties over the last three years. Essentially I'm none to bothered whether I win or lose, as I'm going to have to move on sooner rather than later anyway, and while I'd rather have a bit more time and wait until circumstances were somewhat better to move on, if I have to make do with what alternative accomodation I can arrange right now, so be it. My co-habitee's situation is however rather different. Having been a resident at the address for three years and known to the landlord as such throughout that period, I am given to understand they have the status of a "qualifying occupier", and as such have a right under legislation for the Court to be taken in to consideration upon what the impact would be on them should an eviction of the tenant be granted. How I, or my co-habitee goes about making the Court aware of their circumstances and the impact of my eviction on them as a resident at my address is where my questions lie, as obtaining information on this seems almost impossible to locate. So far we have been led to believe that for their interests to be considered by the Court, they need to apply to be "sisted" to the Summons - however the flip side of being sisted, or at least one of them, is that they, at the Sheriff's discretion can then be made liable for some/all?? of the sum of money my landlord is seeking in connection with my eviction. Is this the only "down" side (for them) in being "sisted" to the summons, or are there other potential negative issues? Is it absolutely necessary that they be "sisted" for them to be able to address/inform the Court of how they will be affected by granting my eviction - To me anyway, it seems strange that the legislation appears to say that the Court is obliged to consider them anyway, that they need to be pro-active in making sure the information for the Court to be able to do so is in front of the Court, and, have to run the risk of being held responsible for a monetary sum, when in effect they are an innocent and uninvolved party who just happens to going to be losing out whatever happens , in a dispute between a landlord and tenant.
  9. Hello need some advice. Been a tenant for 14 months always paid rent when it was due.Small family myself wife and two kids 4 years old and 3 month old baby, Our landlady decided out the blue to put the house for sale and has gave us two months notice Few questions i have 1) our deposit was never but in a scheme we have never had an issue whre do we stand on this 2) with the house going for sale is she allowed to show up when she likes when she has viewings? 3) anyway we can delay the eviction after two months roughly how long have we got if we stay put 4) we have never had a new tenancy once 6 months where up it just rolled over as much info to help us please
  10. Hi In 2005 I got the following: Together Mortgage £113000, Picture Loan £33000, Welcome Loan £21000, RBS Debt totaling £25000 credit card debt totaling £ 9,000. PAYDAY LOANS total £1200. I was in great despair as I was going through a divorce had an ectopic pregnancy and lived in a house half built. I was off work due to ectopic pregnancy and was losing money fast. On top of this my step daughter came to live with me and I was trying to help her through college etc. My ex husband was very nasty and he was due to leave the army and I got frightened in to not taking any of his pension that I deserved for giving up my career to bring his daughter up. He cashed in all our joint policies and left me with nothing but debt. I was in despair literally and had a breakdown turned to alcohol (not badly but enough). I then tried reading self help books to try and change my mind set. I wrote myself blank cheques to all the people I owed and had them on my wall so that I could visualize on attracting money. I won £3800 from a 10p bingo ticket then I got a windfall of £32000. I cleared the credit card debt, got the house finished and reduced the welcome loan to £9000. I still owe the rest, I got the RBS loan secured against the house to free up monthly spends. My house is now worth £136000. I was annoyed though as I have paid over £37000 to IDEM not realising that to settle I need to pay another £42000!! I was younger stupid and scared. I have now rented out my house and I am living in a room, I have started my own company using all the skills I have and have enlisted friends to help me with their trades (I take a small percentage from them as I get them work). [EDITED] It is about visualizing and felling the luck and wealth. It takes only 16 seconds to vibrate mentally and put good thoughts out. I do not ask to win the lottery e.t.c but I try to create ways that I can help myself out of the mess I got in with money. [EDITED]
  11. I have a suspended order on mortgage arrears. I have kept paying as per the order for the last year reducing the arrears from £22000 in December 2013 to £16100 today. I missed a payment in December when I was ill and could work now the mortgage company has got an eviction date the order has been suspended 8 times but this is the first time I have been able to reduce the arrears
  12. The new landlord of the property where I live is seeking eviction of all tenants in order to gain possession of the property. The other tenants have various types of tenancies such as Assured tenancies and AST type tenancies. The attempted eviction is served on us under section 21 of the 1988 Housing Act. The Assured and AST tenancies were introduced in the 1988 housing Act which came into force on January 15, 1989. Now, my tenancy began in 1988 and I don't have any official document to confirm my tenancy status. However I do have several post mark dated letters addressed to me in various times of 1988 and in further years up to the present time. On it's own would these post mark dated letters addressed to me be firm evidence of being resident at the property since 1988 and thereby not being subject to the section 21 notice for possession of the property?
  13. Hi, I'm currently in the process of being evicted from my rented flat. I contested it for a while as there were plenty of irregularities over the tenancy and the deposit protection, but the landlord got an immediate order for possession about 2 weeks ago now. I was fully expecting him to instruct county court bailiffs right away, but 14 days on, I haven't received a notice of eviction. I rang the County Court Bailliff's office, and they haven't even received an application from the landlord to start that process. I find this a bit strange, I don't understand why he didn't do this right away. I've been reading elsewhere that there's a procedure for possession that involves getting the case moved to the High Court and then instructing High Court Enforcement Officers to carry out the writ. It's my understanding that this is more expensive but much quicker. It's also my understanding that if the landlord goes down this route, I don't get any notice at all until the HCEOs turn up at the door. Is there any way of finding out if this is what's going on here? Is this a common route for landlords to use? Is it true I wouldn't get any notice at all, or any notice that the case was being transferred to the High Court? If I get a few days notice to get my stuff together, then that's fair enough, I'd even send the keys back and save everyone a lot of hassle. What I'm worried about is that I'll just come home one day and find all my stuff on the street. Does anyone think this is likely or have any advice in this situation? Cheers.
  14. Hi all, My stepson lives in a HMO with an AST, his contract is up in just over a month. The landlord tonight has told everyone they must leave in 1 month as he has sold the house. He has told them that 2 months notice does not apply as it's written in the contract he only has to give 1 month. LL does not live in the building. Does the LL still have to issue a section 21 for a HMO? The deposit is not protected, the LL said he did not need to protect it. In the contract is says it should. (I know it should be protected). What exactly are the rights of someone renting just a room in this situation?
  15. I have been sent a Notice of Hearing for next Thursday as I have no idea what to expect on the day was hoping someone on here could advice, what the procedure is and can I take a friend with me I have no legal rep (can't afford one ). My story in short: my husband past away 3 years ago unexpectedly from a heart problem age 70 and left me with debts, I'm now living on housing benefits and a basic state pension. We have lived in this rented house for the past 17 years the landlord back in June decided he wanted to sell the house, he said I could stay until it was sold but then in Aug changed he's mind and said he wanted it for his daughter. Because private rental is almost impossible (meet non of their criteria) plus I have a dog. Due to not being able to find any where he now wants to evict me. I am on the housing reg, but have had a problem with them too. So could anyone tell me what to expect on the day of the hearing and any advice would be grateful, Feeling very much at the mercy of these people.
  16. Hi....i have an eviction notice for thursday, halifax and drydens, i was told on saturday that i needed to pay 1500 and thereafter mortgage payment + 40....today had a call to say halifax want 1955 (+ 100 extra per month as per original court agreement)...(i had it reduced to 40)...this is 2nd eviction notice....what are chance of getting it suspended at this short notice??...arrears are 3800 total...thank you
  17. Hello, I'm after some guidance and help if possible, we currently have a suspended repossession on our property which was suspended back in April this year providing we stick to the agreed monthly payments of £412.90 plus £60 towards the arrears. My partner is currently self employed and has been working but we have had issues with regards to him being paid and how much due to issues with who he is being paid by, I do work myself and earn enough to cover bills ect. We have had quite a stressful and testing time the last three months due to breakdown within the relationship and also we suffered a miscarriage along with the issues we had with regards to my partner receiving his money for works he had completed, this has resulted in us missing 3 mortgage payments and we have now received an eviction date for 10th November and feel like we have no idea what to do or where to start, we have a 14 month old son and we are worried sick that we are going to loose are home. Ascent legal who are acting on behalf of Halifax have advised that unless a lump sum is paid they will be continuing with the eviction. We are sorting through our differences and my partner has now begun work for another client and has begun to be paid regularly which enables us to continue with the monthly payment of £412.90 plus the additional £60 towards the arrears. Any help/advice would be greatly appreciated. Thank you
  18. Hi I need some help. I am currently a secure council tenant with £950 arrears. My rent is currently £49 per week. I have a court date of Monday 17th November for missed payments on a suspended possession order from late last year. I need to know what amounts the arrears need to be at not to be evicted and get another suspended possession order. My arrears if I kept to payments would have been £227 by 17th November.
  19. Hi Back in 2012 Ascendon applied for and got an eviction date from a suspended repossesion order from 2008. I posted on here and thanks to Ellen's fantastic help and advice I attended court and the judge suspended the order again provided I paid the monthly mortgage and £300 per month. At the time this seemed realistic and affordable but Ascendon kept on making things very difficult for me. They wouldn't change the payment date despite me not getting paid until the 10th of every month and they insisted I phone up every time.However by sept 2013 I was completely up to date with the mortgage but my business has struggled over the last year (due to a restructure of the company I work for) and I've fallen behind with the mortgage again. They have now gone back to court and obtained another eviction date, set for Thursday 23rd October 2014. My questions are:- 1. How long does a repossession order last-as it seems to just sit there indefinately and as soon as I'm a couple of months behind they start proceedings again. They know I'm self-employed and they always get their money but they are so inflexible and keep adding on countless charges. 2.I never get noticed of when they go to court to obtain an eviction date-is this right ? I just find out from their solicitors letter, which by the time it arrived this time gave me 2 weeks notice. 3. I will fight again to get the eviction date suspended, but I can't remember what to put on the n244 etc (I lost all copies of my previous eviction when my house flooded) Can anyone help ? Thankyou
  20. Hi All Anyone have experience of Scottish Sheriff court eviction proceedings? Ever heard of Sheriff granting decree to evict when only 1 discretionary ground is cited in AT6? Case history- I served landlord notice to quit halfway through a 12 month short assured tenancy, however I now need hospital treatment so I've had to cancel a trip I had planned and am unable to find new accommodation at short notice. Notice expires in a few weeks. I have always paid rent on time and adhered to all conditions of the tenancy agreement. So only ground landlord can use to evict me is Ground 10 of Schedule 5 of Housing (Scotland) Act 1988, which even if proven, is at the discretion of the Sheriff as to whether it is "reasonable" or not to grant the order. (Ground 10- (a)the tenant has given a notice to quit which has expired; and (b)the tenant has remained in possession of the whole or any part of the house; and ©proceedings for the recovery of possession have been begun not more than six months after the expiry of the notice to quit; and (d)the tenant is not entitled to possession of the house by virtue of a new tenancy) Landlords' agent has repeatedly stated that reason landlord wants me to leave is because he wants to sell the property. Is the Sheriff likely to find it reasonable to make me homeless just before Xmas 2014 so that the landlord can satisfy their avarice? and Will the Sheriff determine that I have to pay legal fees for eviction because I have stayed passed the quit date without good reason (I would argue that need for medical treatment prevented me from finding new accommodation at short notice) I'm thankful to any CAGgers who take the time to share their expertise on this subject
  21. Nine million private tenants in the UK could be given extra protection from landlords who try to evict them. The government has decided to back a private member's bill, which would make it illegal to evict tenants who make justifiable complaints. It would mean that people who complain about faulty boilers, leaky roofs or dangerous electrical items would no longer have to fear eviction. However it is uncertain whether it will become law before next year's election. Nevertheless the news was welcomed by campaign groups, including Shelter and Crisis. According to Shelter, more than 200,000 people suffered from so-called "revenge" evictions last year. The government said it would back the private member's bill from Sarah Teather, a Liberal Democrat MP, providing it only targets bad landlords - and does not stop legitimate evictions. http://www.bbc.co.uk/news/business-29156186
  22. I started renting the property in 2008, AST tenancy UK. During that time my landlord issued 3 section 21's (every time I complained or asked for work to be done!) then changed his mind when I was given an eviction order. Rent was paid in full. Deposit was never protected, when I challenged this in court he refunded my deposit and re issued s21 I received an eviction notice and an eviction date for March, however, in February my landlord emailed me and stated that I could remain in the property (he had done this before). I found out on the day of the eviction that he had not cancelled the bailiff eviction and had to go to court with the emails I had received from him to try and stop it. Unfortunately he did not attend court and was not replying to anybody and there was nothing the judge could do to sop it because he was not there and I was evicted. He used a property management team and they were there when I was evicted. They could not contact my landlord and said that I would have to come back later in the week and remove my property, however, when I tried there was always some excuse as to why this guy could not make it (he was on holiday or had other work on).This went on for around 4 weeks with me constantly txting to arrange to collect my things. (txt's have been kept) Eventually he said that I was not allowed back in the property so his company could pack my stuff up and deliver it for £600. I asked if I could get my own people to do it but he said that I would still have to pay him to be there (a full days wages, which I think was £300, so I might as well use his company.) I agreed to this until I got a phone call from a former neighbour saying that people had been in my property and there were a number of bin bags outside in and around the bin and that passers by were going through them and she realised it was my belongings and not rubbish. Among the items she managed to save were my sons toys, medals, some of my jewellery and clothing. When I confronted the property management guy (I will call him Mr Z) he became very abusive and sent me txt's asking if he should just get rid of my belongings then. I called Shelter who advised that he had to give me access to my belongings and he could not charge for this, also that I could take my landlord to court for not protecting my deposit and to use this if he became difficult. After advising him of this he arranged for somebody to pack and collect my belongings (I personally think he over charged me but I just wanted my stuff back as it was now June). My things were delivered and put into storage. I have just returned from holiday and because I work away a lot I have just got the rest of my things out of storage only to find a number of things broken and missing. The broken things I am not that bothered about, at least they can be accounted for. Some semi valuable jewellery is missing but what has really angered me most is that my child's items are missing. Some sentimental items and some valuable and expensive items. My question is, can I do anything about this and will it cost me a fortune to take my landlord to court? I know that it is my word against Mr Z and his employees as to what was in the house but he would not give me access to my belongings which would have prevented this and he disposed of my belongings which he knew he was not allowed to do. Any advice would be much appreciated.
  23. I originally agreed a repayment with DB mortgages, this was formalised with a suspended possession order. Due to illness I couldn't maintain the agreement I again ended up with an eviction date. Not knowing what to do I sought help with HRC who charged £300 for their services; I was again issued with another suppression order(which this time I could afford). The mortgage company was not happy and when I asked to set up a direct debit they wanted to complete a further budget assessment to allow us to move on. With an extremely Ill daughter I didn't have the energy, know how or time to argue. I then suffered ill health and an accident at work; but will return to work at the end of September. I have now ended up with missing 2 month payments, and erratic payments. I have now been given an eviction date for the 9th sept 2014. I know it is my fault but I do feel with DB not setting up the direct debit I wouldn't of ended up in this circumstances. I can afford the mortgage plus more than what the judge ruled perviously. What should I do??? Thanks
  24. I have been a lurker for some time now, but now need some advice. I have received details of a possession hearing from Blemain Finance for a second mortgage and desperately need some help with it. The form to complete from the local county court does not stipulate any reply timings and we have trying to get as much imformation together as possible before completing it. However, the hearing is early next week and we have spent the weekend getting all the information I can together. My husband and I are self employed and because of one client going into receivership, another retiring and a third changing supplier. I have not been able to make a payment to them since the end of May. I have several broken agreements with them because of losing these clients. I have paid them around £38,000 since starting the £46,000 loan in 2008 and only started having problems in 2012 when I ended the year just under one month in arrears, By the end of 2013 we were around three and a half months in arrears but had entered into an agreement with them where we were paying the monthly repayment plus £71, however, I could only keep this up for six months and we are now around £4,100 in arrears, I may be able to reduce this by £700 before the hearing but this depends on when we are paid. We are currently rebuilding the business and have good prospects in the pipeline, but with this hanging over our heads it’s very difficult. Are there any reasonable grounds on which I can request the order to be set aside, or are the county judges obliged to grant anything over two months in arrears? I am worried that we have a bad month and can’t make the payment on time and lose the property, Although in arrears with our main mortgage we are tackling that and only have one year left on that, albeit it will take two years to clear. There is about £550 difference between what they say I owe and what I have calculated and I guess this is various admin fees etc. Any advice will be gratefully received. Thanks, Sara
  25. Hi I have posted before a few years ago when I received gret advice and i obtained a SPO from HSBC back in 2008. The situation now is that I now have an Eviction date of 27 August. I have arrears now of 57000 and a property worth 350000. I have completed an income/ expenditure and N244 as per the forms/ advice here. The affordability to pay 500 per month extra would clear the arrears in 114 momths with a remaining term of 144 months as my lender tells me, however they have now said point blank that they want full arrears or eviction. The arrears increased over the years partly due to being made redundant 4 times in 4 years and a period of unemployment spaning around 14 months. I was under the impression that the bank had agreed a hold on payments during these times, however transpires were jusy increasing the arrears. A further element is that we had to move out for a period of 15 months due to major subsidence wirks (Insurance claim) where we had to find a proportion of rental money up front which made it fifficult to maintain payments Original SPO in July 08 was 250 extra per month and arrears then were approx 15000. Is it sufficient now to prove affordability and the arrears will be paid over the remaining term?. I have collated wage slips and the budget sheet.... just need the Witness Statement now. I would idealy like to take this to the court today to get a hearing asap... I could not bear the thought od leaving longer! What do you think are my chances?. I now have a very secure job having just passed a probationary period. My wife has worked for the council for years on a good salary also. We have 2 young children at the property also. Can you help please? Many thanks in advance
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