I have a flat in leeds which i havnt paid the mortgage on for about a year and have been keeping the bank, tmb at bay with the sort of questions they can answer (cos as we all know all mortgages, credit cards, loans etc are fraudulent) (and if you dont -wake up) Anyway my tenant who has a tenancy agreement is going to be evicted after the privateers or [edit]s acting as judges gave a possession order to the bank for the title. So my tenant and I are going to send in an n244 form for the eviction to be set aside. Anybody out there who can offer any other advise on this as i would like him to stay there and keep paying me. The last shaking of the tree by the banks before the whole system ends and we get a new currency as I see it. Thanks caggers out there

Hi I hope this is the correct forum for my post. I'm a private tenant and have been in my current property under a Statutory Periodic Tenancy for six years. Last year, due to illness that prevented me from working for 4 months, I fell into rent arrears. The letting agent has now served me with a Section 8 Notice using ground 8 for more than 2 months rent arrears and also grounds 10 & 11. The notice period has now expired and the letting agent begun court proceedings a couple of days ago. The letting agent periodically shows up unannounced at my property to "check on me". He keeps telling me I have to get out within the week. He tells me the courts will be "at your door to sell your goods." There's generally a lot of intimidation going on. He repeatedly tells me "I want you out of here NOW." The letting agent also told me there's no point me bothering to attend the court hearing and that I just need to get out within two weeks max. But the court hasn't made any kind of ruling yet. We haven't even been given a court date yet. Call me naive but since they've now begun legal proceedings isn't this a court matter? I am endeavouring to actually clear the arrears before it even gets to court. Does the letting agent have the right to keep harassing and intimidating me? He says he'll be back again to urge me to get out. What are my rights here?

help my wife has left me and my 4 kids and has not paid the morgage in 2 years ( i was giving her the money every month) i only found out this morning when the ballif sent me a letter saying i have 4 weeks before eviction i owe 17,000 and GE mony want the full amount i have about £100,000 in equity in the house and i can afford payments each month plus a bit extra but not full arreas please can anyone help

Hello everyone. This is my first post. I have recently had a warrant for eviction suspended. If this warrant was to be re issued, will i still be given notice, (ie 14 days) reasons why and an opportunity to provide a defence at court, or would the bailiffs simply turn up at my home unannounced and expect me to leave? Thank you. Vicki

I was due to be evicted tomorrow morning but managed to get it suspended after filing an N244 and attending court this morning. This is the 5th time that I've been in this position although only the 2nd time I've actually been to court, but the hearing did not go as I had expected and I think I came within a hair's breadth of losing my home today. If it happens again in the future, I will need to request permission from the court to appeal the eviction and the judge made it clear that this was my last chance. I've only had to go through this 4 times previous because Halifax have threatened eviction each time I've underpaid or missed a payment - even though I've kept them in the loop and the reason has never been a total inability to pay. I provided evidence that I was able and had been able to maintain payments towards the mortgage and the £12,227 arrears. I arranged to pay £700 per month which is £90 towards the arrears each month but the judge felt that I was just getting myself in even deeper and he stated that my case was marginal. I can keep up payments but is there any way to get the suspended possession order cancelled after a period of time?

Hi i'm looking for any information on what i can do and who i need to see about my hard to believe situation, it's a long story i'll keep it basic. I was handed statutory demand and bankruptcy petition on the same day and went straight to my solicitor who was going to apply to set aside and dispute the debt she informed me she had 18 days to do this, I stayed in regular contact with her but on xmas eve she informed me she needed more paperwork and by this time the 18 day limit had past and she also failed to appear in court which was held straight after the xmas holidays and i was made bankrupt with no legal representation. The disputed debt was with Lowells portfolio for £3,500 , The courts also appointed official receiver. Then i was appointed to Mazars llp and tried to work with them but they just wanted money, I was told i had a year cooling off period with no interest to be added to debt, My mother offered to pay off the £3,500 to get them off my back and leaving me to dispute the debt and claim it back, But they wanted £7,000 we asked for a full rundown on what the £7,000 was for and a couple of days later they wanted £25,000 from me. I went to another solicitors in my area who said that she would also be taking my first solicitor to court for misconduct. She applied to courts for annulment. At the hearing we explained to judge that i had never had credit card with Lloyds Tsb and the judge asked Lowells to produce the proof and lowells asked for adjournment to be able to find proof of the debt, It was adjourned for 2 months. When we returned to court they produced a really basic looking printout with No heading or any details on bank or company just a basic printout and also Lowells were replaced now with Weightmans llp. After that we had a few more court hearings but i was unable to put my defense in writing to the judge which as a 7 day limit, Because the clerk of the court had been sending letters meant for me to weightmans llp as he assumed that they were acting on my behalf and weightmans also failed to tell courts of the error, and also failed to forward all of the letters to me, But i did receive 2 letters forwarded from them but always the weekend before court hearing also leaving me not enough time to write my defense. I received an order for eviction and applied to have this set aside and case had been moved to my local court who said they didn't have enough information on the case and asked for it to be sent back to original court who didn't set it aside and again i applied to have set aside and again they sent it to my local court and the hearing was 2 days before baillifs were due, In court the judge refused to listen to my pleas because he told me on how the other judge from original court had instructed him to dismiss it. I was evicted from my property 2 days later by bailiffs and as i'm a single mother with a 9 yr old daughter i still can't believe the allowed this just weeks before christmas just gone and i had nowhere i could go my mother had my daughter and i slept in car my daughter is traumatized through this and is effecting her sleep , and been isolated from her friends. Please can anyone advice me on what i can do over what i believe to be totally unfair and i feel as if Lowells, Mazars and Weightmans have just bullied me. I want my house back asap PLEASE HELP !! Thank you

Hi, I apologize in advance but this is going to get long winded... I have just returned from an eviction hearing and I could really do with some advice on how to handle some of this. It was a rushed application because I was away from home for three weeks and the warrant was waiting on the door when I got back for the 1st of March. I submitted an N244 yesterday and had a hearing today and the judge suspended it for the time being as there are quite a few things about to happen and hopefully the loan will be paid off sooner rather than later. I was instructed to make a payment by tomorrow towards some of the arrears and I will do that. Ok here is where I need help. I think I submitted completely the wrong defense but the judge ignored it and pulled up a few things. I was told that the mortgage was a second mortgage, and was bound by the Consumer Credit act (?) and the terms were completely different to the first morgage which is governed by MCOB They are claiming that I have to pay the £2500 arrears on the loan AND the £9500 worth of charges that have been added to the account. The judge stated to the solicitor that the charges were excessive and should be looked at by the company. He also said that it should be addressed by the court and that he was suspending the eviction if I can pay back the £2500 owed by the 15th of April. I have all ready paid off £500 towards this figure. Now my question. I really didn't understand what the difference between the two types of mortgage are, I thought that they were governed by the same body. But I have been assureed that its completely different as the mortgage is governed by CCa (?) think this is right. If the mortgage is goverened by a different body does this mean that the charges are unfair and I should try to clam them back and how do I do that... and can somebody please explain the difference between the two kinds of mortgage. thanks in advance Lynne

Hi everyone, I am being evicted from my flat with my husband and our child. the past two months have been a rollercoaster of emotion for us and I'm not sure how im going to cope,but life goes on and I'm doing the best I can. I havent got the eviction notice yet but recived papers from te courts yesterday-which I think is a defence form and a few other forms just explaining the landlords details and somthing about a possesion order. We are both working, we have low wages but we have always got by, now we cant afford to move out, we spoke to our local council, where we had an appoinment with a housing opitions officer who put us on a deposit scheme, where you can apply for properties with no deposit/rent in advance, but all these properties are atleast 10 miles from our area. When I asked her if she had anything closer she said no and that I was being unreasonable by not showing intrest, I told her I had difficulty to be interested in an area which is 10 miles away from my sons school my and my husbands work and also my university, we have no transport etc I just really want to hear from anyone who is going/has been through the same? thanks

Hello, I have the same problem as re 3rd Eviction Order. However, in my case, we are unable to pay the arrears of £12,000 so we are being evicted on Monday 25th February. Our property is worth £260,000 and the outstanding mortgage including the arrears is £150,000. We have contacted some quick sale companies but the most they want to give us is £160,000, this includes the outstanding mortgage. We believe this is very unfair. We want to ask the court to give us time (one calendar month), say to March 31st, to sell the house ourselfs through a proper Estate Agent. We need help with questions 3 and 4 of the Application Notice. What Order are we asking for and how to prepare a Draft Order. Can you help us please? We have two children living at home: 19 and 18, still at college. The Council (Redbridge) said we make ourselfs homeless by not paying the mortgage so they are not obliged to help us. The mortgage company (Kensington Mortgages) have not been helpful and their solicitors don't seem to be human. I am very scared. I feel like committing suicide. Why wouldn't somebody help us.

This is my first post. Unfortunately due to financial difficulties about two years ago because I did not have a job, I fell behind with my mortgage payments. The arrears were over £6000 and Chelsea obtained a possession order, suspended on payment of £100 per month in addition to current rent. I found a job and maintained payments as ordered. Unfortunately, I was unable to make the December 2012 payment because I had some financial problems which needed sorting out. Late last month Chelsea's solicitors wrote to me stating that they have applied to court for eviction date. I then paid the December payment and confirmed I can make the January payment by end of this week but they are insisting on payment of at least £2500 (half the current arrears) before they would suspend the eviction. I have phoned both Chelsea and their solicitors several times pleading with them to agree to cancel the eviction on payment of the January instalment (I even sent them last week a full statement of my income/expenditure showing I cannot afford to pay the amount they are demanding) but they have refused. Now I have received an eviction date for 19 February and I have been advised by CAB to apply to have the warrant suspended, but I have no idea how to do this or any confidence that it would be successful. They cannot help me because I'm working. I am very worried sick about losing my home. I know my financial problems are now behind me and I can maintain the normal monthly payments as I work full time, but I cannot afford to pay the amount Chelsea are seeking from me at this time. Can you good people please give me some advice?

Hi i have been a tentant for 8 yrs at my rented property and found out my landlord went bankrupt and a possession order was made against the house so i went to court to suspend the decision and give me 2 months to find elsewhere which was granted till 23/01/2013(we were also advised by the banks client that if we had found somewhere and it moving date was a week after the 23 jan then to contact them and they would consider putting the eviction off till for a week. we then found a property which would wouldnt be ready till the 28th jan so i contatacted the solictor and they agreeded to the extension,since then another creditor G E Money put another possesion order againts the house which falls on the 23rd jan so i contacted them and asked for a delay of several days and sent copies of the my tennet agreement plus a confirmation letter of the landlords of my new property showing the move in date which they asked for and also once they got this they would give us the time needed.and once they recieved this proof they then said sorry we wont agree due to another creditor also having a claim againts the propertry. what i really need to know is can i go to court tomorrow(appointment at 10:30 am) will i be able to suspend the warrant againts G E money which gives me and family the days needed? thank you for taking the time to read this and if possible and speedy response would be very grateful,thanks paul

Hello there, I would be grateful to receive some assistance as I am at my wits end. I made an application to the Court for an appeal to be heard by a Circuit Judge. This application was based on my application to suspend a warrant of eviction being dismissed by the County Court Judge in November. My appeal application is still being processed at Central London County Court. However the mortgage provider has gone and secured a new date for eviction prior to the appeal being heard? Is this normal and can I contest this? I eagerly await a response. Thank you in anticipation. Regards

Hi everyone, I'm new to this site so please forgive my lack of knowledge in advance of abbreviations, "lingo" etc etc, I'll try to learn as quickly as I can..! My mortgage for my home is with Oakwood Homeloans Ltd and they were given a possession order in December 2010 and they have sent a bailiff around just before Xmas 2012 with an eviction notice for 1st Feb 2013 on the basis I am in arrears on the court appointed arrangement. There is an awful lot of history with my mortgage that has caused all sorts of problems and I will try and outline some of the main points which will hopefully be able to shed some light on the situation for anyone willing to offer some advice... In 2009, without my knowledge, agreement or any discernible reason, Oakwood Homeloans altered my mortgage from a standard 'homeowner' mortgage to a buy-to-let mortgage and increased my interest rate by 1%. They claimed their reasoning for this was that they had a letter they sent returned by the post office with 'Addressee gone away' written on it. When I later received a letter telling me they were about to increase my mortgage interest rate and therefore increasing my payment by about £90 per month, I phoned them up to find out what on earth was going on and to let them know that I live at the property (single father with sole custody of my daughter... Mortgage joint with ex-partner though, but not had sight nor sound of her in about 4-5 years). I also let them know that I'd always lived there since buying it and it had never been rented or unoccupied. Oakwood Homeloans stated that it was now "too late" for me to just tell them this as they had sent me several letters to ask whether I was renting the property and that was not allowed under the terms of the mortgage without their consent. I informed them that I had not responded because I had not received any such letters, I went on to explain that the post in the area was particularly bad at that time and it's not beyond likelihood the letters had gone to neighbouring address as I regularly received post for various neighbours (This was a well known fact in the area at the time, when I spoke to my local post office, they said they'd had several reports similar already but couldn't do anything about it without proof of stolen post etc etc). I asked for items to be sent recorded delivery in future if they were going to take such drastic action based on such lacking information. As I'm sure you're already guessing, they simply said this is not possible (I made this request across numerous phone calls with them and in writing... still refused). Anyway, the point is.... They said it was now too late just to tell them I lived there and I now had to send them proof in the form of a council tax bill and 2 utility bills. I thought this was ridiculous but agreed on the basis they sent first sent me written confirmation that they would agree to my charge of £50 for doing so and the waste of my time (The cost of an hour's labour in my line of work). The lady on the phone didn't agree or disagree, simple "avoided" it, despite my best efforts. So I refused on principal to send such information to them without this agreement to pay my costs for doing so. I asked the lady where in the terms of the mortgage I was required to do this but she couldn't tell me (having read the terms in full, there is no reference in them to such a requirement). Furthermore, there is nowhere in them that states they could change my mortgage to a buy-to-let product in the way they had.... This was also pointed out to them at one of the court hearings in November 2010 (and there advocat also agreed he couldn't find anywhere where it stated that they could). So, this meant that because they never agreed to pay my charge, they shortly after switched my mortgage to a buy-to-let, despite my objections and subsequently increased what they wanted my mortgage payment to be by approx £90 per month. At the time of this occuring, I was in arrears with my account to approx £3,600. With the extra £90, Oakwood were saying my payments should now be about £815 per month instead of £725. Previously, I had already agreed to up my payments to £850 per month to clear the arrears, paying off £125 of it each month. Obviously, as soon as they increased interest rate and payment to £815, this meant I was only paying off £35 in their eyes. I had many more phone calls with them and after a few started to insist they were forcing me to pay towards a mortgage product I had not requested or agreed to and that unless they changed it back I would stop making payments until they do so, as I am not going to continue to pay towards a product I did not 'buy'. At this point I had paid £3,400 during the period they had changed my mortgage and again on several calls to them, insisted that I considered this as payment towards my arrears of £3,600, leaving my total arrears at £200 and that as they have me on an un-agreed buy-to-let mortgage, they must have put my actual mortgage into suspension (as I was unable to make payments which would be considered as being towards this during this period.... Had I paid £725 during this period, they would have considered this an underpayment and charged me for that fact rather than accepting it as my actual contractual payment). On the phone, they never really offered much comment to this and the response to my written complaint was simply to demand the utility bills again. Eventually, in Feb 2010, they sent a representitive from a debt management company who's original intention was to go through my finances etc and look at coming up with a solution to the reported arrears to him by Oakwood Homeloans. Once I explained the situation he saw no need to go through finances etc as he could clearly see there were issues with the account and he also kindly said he would confirm back to Oakwood that it was absolutely clear I was living there. Not until september 2010 did Oakwood Homeloans finally concede to the report given back to them by this agent and even then, they said they would refund the extra 1% loading but only backdated it to April 2010 (2 months after the agent had visited me at home). They kept insisting for any more 'backdating' I would still need to provide the utility and council tax bills, to which I kept insisting I was happy to do once I had received written confirmation they would accept my £50 charge for my time and inconvenience of having to supply this. Again, I never received this confirmation. I also insisted that I did not accept this 'backdating', as I read it, they has changed my product to one not agreed by myself (In the terms and conditions of the mortgage, they refer to the buy-to-let mortgages in a way that they are clearly treating it as a different product to the standard mortgage and not as a standard mortgage with a 1% interest rate loading as they kept trying to refer to their actions as). Furthermore, when they eventually returned the mortgage back to the standard product, instead of my basic monthly payment being £725, it was suddenly £740 per month due to them having carried out a recalculation at the time of 'altering' the interest rate... So for their mistake of increasing my interest rate (and carrying out a recalculation based on the outstanding balance of the mortgage) and then putting the interest rate back to the correct one (and then carrying out another recalculation based upon the outstanding balance at that time, obviously inclusive of all the additional charges/fees etc they'd added), I am now being charged an additional £15 per month. I have argued this with them, but everyone I speak to doesn't appear to understand the basic mathematics of this and the concept that they made an error changing the mortgage product and are charging me an extra £15 per month for this error of theirs. If they hadn't made this error, no recalculations would have occurred and my basic monthly payment would still be the £725. Moving forward, they then applied to court for a possession order based on arrears of approximately £11,000 by this point (as I'd continued to refuse to pay for the period they had it listed as a buy-to-let mortgage). I went to court arguing an arrears figure of approximately £4,500 based on my understanding of my mortgage being suspended whilst the product had been changed and the court agreed and stated this as the arrears figure within the judgement (This had jumped up from the £200 arrears I previously mentioned because towards the end of the period they had it as a buy-to-let, I had a change in circumstances which resulted in a reduction in income and I therefore hadn't made a number of the payments due after they 're-activated' my actual mortgage product. At the time they applied to court, the arrears figure by my calculations was about £1,200 but by the time of getting to court and a ruling, the arrears were approx £4,500 and I accept I had made very little contributions to the monthly payments during that period). Anyway, as I said, the judge accepted my figures, as well as my reasoning for the monthly contribution beign £725 rather than the £740 they claimed and had a bit of a go at their advocate, who had also agreed he saw nothing in the terms of the mortgage that allowed them to take the course of action they did. They were also ordered to provide me within 7 days of the relavent Ombudsman details of who to complain to about the treatment I had received. Since the judgement in December 2010, which was for me to pay my £725 per month towards my contractual monthly amount and £125 towards the arrears of £4,500, totalling £850 per month, I kept up to date with this. My decline in my personal income was overcome by me going self employed (previous problem caused by the company I worked for going under, leaving me with unpaid wages that I couldn't recover), so I was now making the payments ok. From April 2012, things with my business have been quite difficult and I started to struggle to make the payments, ocassionally missing the date I had to make payment by, but then I would make up for it by paying a few weeks later than I should or on 1 occasion, paying double when the following month was due. Most of these recent income problems have been caused by customers being late paying me and me all of a sudden I was finding it a lot more difficult to get paid for some of the work I was doing. Obviously, this was having the knock on effect that I was being late with my mortgage, but to my knowledge I was always catching back up with where I should be. Because I was speakign to Oakwood Homeloans every month to make the payments, they were fully aware of the situation because they asked every time what the reason was and to some extent they appeared to be understanding of this. Then in December I was coming up to being about 5 or 6 weeks overdue, so technically 2 payments were overdue, one by 6 weeks, the other by 2 weeks. At this point I had a knock on the door from a bailiff of the court with an eviction notice for 1st February. To say my heart sank is an understatement! At the same time furious that all my grievences are simply washed over and ignored by them... Since the court judgement in December 2010, they continue to state my arrears as approximately £11,000 on all the correspondence they send me and still insist the contractual monthly payment is £740, so are only deducting £110 from the arrears figure (if that because there figures still don't add up by over £1,000 between Dec 2010 and now). By my reckoning, since December 2010 (24 months ago), I have made 24 contributions of £125 towards the arrears, so by my figures, my arrears would be £1,500. According to Oakwood, in December 2010, the arrears were £11,360.60 and as of today, they claim they are £11,183.70... Work that one out... A reduction of £176.90 (I used the exact stated figures here as have them on the paper in front of me from Friday's phone call to them). Before Christmas, I sent a cheque to them for £1,700, which I again believed brought me back up to date with the court appointed payment requirements. The reason for my phone call to them on Friday was 2-fold. Firstly, I'd spoken to them a week or so earlier stating that I would call back on this Friday to make a further payment of £850, i.e. the payment due at the beginning of this month, therefore again being up to date and secondly they were nattering me to complete an income and expenditure form, which was highly annoying, I kept insisting there was a court appointed amount I have to pay each month (£850), but they said this is irrelavent now because I had been late with payments and they therefore needed to do an income/expediture form to be able to assesss the affordability and then they could put this to their credit managers who would make a decision as to whether this was acceptable... So, reluctantly I agreed to do this over the phone and I was therefore calling last friday to chase up the outcome of this as it had been over a week with no reply which I didn't find acceptable given the impending eviction. The lady on the phone put me on hold, spoke to the credit managers and came back saying they wont accept the payment offer of £850 per month until they had received and assessed 3 months bank statements and proof of income. By this point I was fuming and refused to give them this information. I stated I see no reason why they need to see bank statements to assess the affordability of this (they said they need to do this so that they are not putting undue stress on the customer... Funnily enough, I'm finding the impending eviction somewhat more stressful!!!). I've never needed to do this with them in the past, I've just told them what I can afford to pay to set up a repayment schedule (when dealing with my arrears before any eviction proceedings in 2010). I also have a secured loan with GE Money and there was a period when that was in arrears and again, they never asked for any of this, just asked how I was going to clear the arrears and then they inputted this. At this point I said that the £850 I was going to pay during the course of this call, I was not willing to do so without there being an agreement in place to suspend the eviction and accept the £850 per month. My reasoning was if I was about to be homeless in 2 to 3 weeks, I would need that money to try and set up somewhere else for my daughter and I to live. The lady on the phone was quite understanding of this, I suspect she could gauge how stressed I was. But it was also at this point she informed me that paying that £850 would not have brought me up to date anyway, there was an additional payment I had missed between April that year and now. I was sure she was wrong because everytime I phoned to make a payment I had it confirmed to me that the payment I was making had brought me up to date with the agreement. Having spent ages trailing through my bank statements, it does seem as though she is correct, but I just can't comprehend how they can continually misinform me like this! The lady on the phone was apologetic for this, but that doesn't really help my situation at the moment. So after all this, I am desperate for some advice if possible as to what on earth I can do??? My thoughts are that I approach the court directly and ask for a suspension of the eviction on the following reasons: 1. Oakwood Homeloans have not abided by the court order because they continue to harrass me, stating arrears of over £11,000 and an incorrect contractual monthly figure, despite being told different figures by the court (they have taken no notice at all of the court's figures in the obtained judgement). 2. Although I agree I am behind by £850 on the court apointed repayment schedule, I am not behind on the mortgage... Technically, since the court order of December 2010, I have paid £19,550 towards the mortgage. The contractual payments due in this period to today are £18,125. So I am only actually in arrears on paying the arrears. In this period, I have paid all the contractual payments plus £1,425 toward the arrears. If I were to pay the £850 I have to hand that I would have paid last Friday, that would be a further £850, bringing me to having paid £2,275 towards the arrears of £4,500. I am happy to have this payment available there and then at the courthouse at my suspension of the eviction hearing, so they can see me pay it right in front of them if necessary. Assuming I can then also get them a further £850 before the end of January and bring the court appointed payments bang up to date, then this would leave the total arrears at me having paid £3,125 towards them, leaving just £1,375 arrears still to clear on the court order, but being up to date with the payment schedule set out in the order of December 2010. My next step is also that I now plan to contact the Ombudsman about the whole way my account has been dealt with. I can't begin to describe the stress this has put me under for the past 3 years or so. With a young daughter, this weighs heavily over me everyday, worrying about her. I realise I would have been wise to contact the Ombudsman straight away when advised to do so by the judge back in December 2010 but I hate conflict and concentrated instead on just getting my head down and getting on with my everyday life of raising my daughter and earning the funds to pay my mortgage etc. I've been pushed beyond the point of no return though, with Oakwood Homeloans complete disregard for everything presented to them by both me and the court and simply trying to plough forward on their own agenda. My complaint to the Ombudsman will be based around the main part of this post (but in more detail... Yes, I realise this post is ridiculously long and waffly, but there's far more detail behind even what I have written here!), along with all the other evidence such as the letters I sent them, the responses received etc etc. But my biggest concern obviously is the immediate issue of the eviction on 1st February and trying to get this suspended. I would be very grateful for any advice on how to go about constructing my application to have the eviction suspended, should I include everything that's in this post or stick to purely the 2 numbered points above? Surely they wont evict someone who's actually paid all of the contracutal monthly amounts plus some of the arrears??? Well I'm praying they wont anyway!! I would like to offer my sincerest of thanks in advance to anyone patient enough to have read all of this and to offer me any advice they can. Having read a few threads before posting, there are clearly some absolutely champions around here!

Hi all Don't know if you can help and I am new on here. I lost my wife Jan last year suddenly and unexpectedly and my life turned upside down lost job depression etc etc. Fell into arrears with my mortgage and had a suspended order for possesion issued. I negotiated to pay back 62 a month on top of mortgage 2 months ago. Unfortunately I hit rock bottom again over the christmas perod (first chistmas etc) and stuffed up. I know its my own fault and I have been stupid and shouldnt have buried my head in the sand but what is done is done. My arrears are 6367.44 and total month payment is 750. I can pay 750 this month nad have done a spreadsheet detailing income, expenditure for the next 6 months incuding bank balance on a running basis. I dont want to lose my home as my daughter (20) and we love ur home and it was the world to my wife and is a glowing testimoey to her as she was the desginer and innovator. Please can anybody help us in our moment of crisis Many many thanks in advance

I signed a franchise aggreement (unfortunately) and I would like to know if the : personal guarantee`s that was included is legal, if it was not witnessed, at the time of signing, and their is no provision for a witnesses signature, is there a set format for this, and could it be deemed invalid and/or, not binding? when is a deed not a deed? Your advice would be welcome. Thanks!

i received an eviction order today dated 22 Nov 2012 , the postmark is the 27 Novemmber 2012 and it has been wrongly delivered to some one who has only come back from holiday and has now brought it to me . The date set for the eviction is 28 January 2013 , My circumstances regarding the arrears are very complicated can anyone help please ?

Hi all, I have received an Eviction notice (notice requiring possession under Section 8 & 21 of Housing Act 1988) (in fact several during the last 6 months but they were wrong and a correct one just a month ago) from my landlord. In the letter I have two months notice to leave the property (deadline is 28 January 2012). I have a one year Assured Shorthold Tenancy Agreement that will end on 29 December 2012, but I have not found another accommodation due to my sickness. When I went to see a Citizen Advice Bureau, they have told me that it after the given deadline I still in the property the landlord could sent me to the court and I will have the opportunity to to give my point of view to the judge: the problem is that the landlord could mislead me or her representative (other tenant) could destroy the notification letter from the Court so I could not attempt the trial. Also, I would like to know if I should send a form 244 to the court by today or if it is better to wait for the Eviction court hearing. Thanks in advance for your help, MoonTop Ps : The landlord had tried to unlawfully evict me several times few months ago. My rent payment is presently up to date but I had two weeks delay during the last 10 months due to the Housing Benefit payment delay.

Hi, I hope someone can give me advice on my situation. I will definitely be receiving an eviction notice from my counicl as i have substantial rent arrears. if i give my council notice that i will be leaving, can i still be evicted? i would rather leave first so that i dont have an eviction against my name making it hard for me to rent in the future.

Hi, I am hoping to receive some advice please. My situation is pretty messed up, I have a lot of debts due to a gambling addiction but I am trying to sort things out. I still have a job so still have income. Any advice on my renting situation would be appreciated. I moved into a property in October. I paid the deposit and first months rent. I was due to pay rent on 6 November and 6 December neither of which have been paid. I keep telling the letting agent that it is coming but I never have it. He is coming around tonight at 10:30pm to collect 1 months rent but I don't have anything to give him and will need to cancel. I think after this the landlord will want to evict me. I have a 6 months assured shorthold tenancy and the deposit is in a tenancy protection scheme. Regarding rent arrears the contract says: --- If the tenant - (1) is at least fourteen days late in paying the Rent or any part of it, whether or not the Rent has been formally demanded, or (2) has broken any of the terms of this Agreement then, subject to any statutory provisions, the Landlord may recover possession of the Property and the tenancy will come to an end. Any other rights or remedies the Landlord may have will remain in force. Note: The Landlord cannot recover possession without an order of the court under the Housing Act 1988. Note: This clause does not affect the Tenant's rights under the Protection from Eviction Act 1977. --- I've been trying to read of on my rights on the Shelter site and on here. I've phoned Shelter but been unable to get through to an adviser. I think the first step is that the landlord has to give me notice asking me to leave. Is that right? What is the shortest term it can be? This is my main concern, on some places it says 2 months and on some it says 2 months or 14 days depending on the reason. 14 days and I would have a big problem! Any advice on what I can do? I will have some money at the end of the month but the absolute most I could pay is 1 month. After that at the end of each month I should be able to pay a bit more than 1 month but it will take several months to catch up on the arrears. As a side note, when I moved in the heating/hot water was not working. It took 6 weeks for the agent to get it sorted. Then it broke again yesterday so I am freezing - guess I should get used to it! Do I have any rights at the moment to ask the agent to sort it? I really don't want to let him in if I don't have to given the situation. Also, the flat is a big house converted into 4 flats so has some communal areas - I have never received a key to the back door and I have never received keys to unlock the bathroom window. Also, the agent has a key for the front door. I'm not sure if any of these things matter. Any advice on this would be massively appreciated. I'm going through a lot of stuff at the moment I'm really trying to make a change and sort them out. I want to be able to set out a plan wit the agent, making an offer on how I will catch up with the payments. Or, be able to say, look I understand you want me out but please go through the correct process and give me time.

Hello all, I have a Mortgage with Northern Rock, there are arrears on the mortgage although they are relatively low at £580. Due to a period of financial upheaval some 3 years ago, Norther Rock hold a suspended possession order on the property, and have now decided to activate it due to the above arrears. A notice of their application for an eviction order was sent to me today. I have phoned Northern Rock, and have managed to make the full payment of the outstanding arrears, and also pay this months mortgage payment, which means I am up to date with my account. But after spending an age on hold whilst the call handler spoke to her supervisor I was told that the eviction would still be requested. Please please can anyone help with advice? Is there any way I can prevent losing my home? There appears to be no hearing I can attend at court as the request by Northern Rock is to activate a dormant prior ruling. I really have no idea who I can turn to now. Thankyou

embarrassing to be back but hoping ellen or some one can help...not sure how to upload my previous thread..mods if you can assist please or i can continue as per below i posted about 10 months ago... in a surprise move, after the judge ruled against me (4 previous evictions suspended) Kensington dropped demands for a lump sum (46k arrears now) and cancelled eviction - as ellen advised me at the time, '' Kensington have an outright possession order, which means they can apply for a further warrant of execution ''. This is what they are doing now. i kept to payments from the date of the last arrangement (january 2012 for 6 months, then missed 3 payments and then made the monthly payment in oct - action to apply for the warrant of execution has now been started by kensington - i am just waiting for an eviction date. they have applied to the local; court as of 16.11.12 (romford) just as a reminder, we have had a family breakdown due to the stress and care for my disabled son. this is the first year that we have had some level of stability - it has taken us years to get the care package we need to enable me and my wife to work full time. the latest default was due to extra cash payments that we made to carers - this has now ceased due to the extensive care package. i have only disclosed this to kensington in the last few weeks. if i lose the house, my son goes into full time care. no chance of getting the same package transferred - it has taken 6 years to get to this point. my mortgage record is appalling but the last 10 months has seen 7 payments. not good i know but some evidence at least. the bottom line is that they rightly view me as an horrendos account, arrears, not maintaining arrangements. i have managed to get some dialouge going with a member in their referral team. he has all our income/exp details - details of affordability have been noted but they point to my record. however, it appears ( i may be deluded) that they have left the door open for some lump sum offer. i can make payments due to commission which clients are releasing early (6k). i am not sure if this is enough and i am unsure how to now make a last bid to save our property. do i offer as a lump sum or say 2k per month on top of monthly payment for a 3 month period(the last arrangement was monthly payment 1536 plus 250 towards arrears) ? as stated, ellen assisted me greatly at the start of the year - hope there is still a chance.

help with evictions want to stop tha eviction, awaiting the date what to do in the mean time, received the form n244 need help in how to fill it in what to put, kensington are having none of listening to any payment plan in place being sinse middle of october.

We have received an eviction notice from NRAM, arrears stood at £3200 but I have made a payment on Friday and reduced them to £2,700. When we received the eviction notice, we rang NRAM, who have made us jump through hoops by sending payslips, bank statements etc. Our monthly payment is £1100 and we have offered to repay arrears with an extra £260 every 4 weeks (I get paid 4 weekly). They have now accepted that they have all the info they need and have agreed the plan, providing we reduce our arrears to two months worth of arrears (A payment of £600), which we can just scrape to. This offer was in a telephone call. My question is this: If we pay the £600 will they actually stop the eviction? As there is nothing in writing, I am concerned that they may play silly buggers and take the cash and then proceed with eviction. Or should I submit an N244 together with I&E sheet, statement of why we have arrears (I was dealing with my father who has terminal cancer and I witnessed a suicide so had mild depression and things just got on top of me). Any help would be much appreciated. And yes I know I am a fool to get into this situation Thank you ina dvance

Didn't know whether to start a new thread or continue with my previous thread, (my apologies if I am posting incorrectly), on Friday teatime we received an eviction date for the 30th October, we called the mortgage company, (who refused to come to an agreement until a date was set), and was told that they would not be perusing the matter and would instruct their solicitors to write to the courts, we have asked for a letter confirming this. What concerns me is the attitude of the company, they were not even concerned about coming to an agreement for the arrears(£2400), and told my wife that as long as we maintained our normal mortgage payments they were happy and hoped we had learned our lesson, and should it happen again they would not be so lenient. Their attitude has left us concerned. How long should we wait for a letter or should we complete a N244 form? Also does this order renew the original order, (taken in December 2006), or will it still expire in December this year?

Hi All, Here's a quick explanantion of my enquiry: Rented a house under contract for £2,300 a month. Wife asks me to leave her and kids and moves in new boyfriend. I write to landlord give two months notice to leave and move out lasy 30th April. I pay rent until end June. Landlord confirms receipt. Estranged wife stays in house and hasnt paid rent since. I was in court yesterday she didnt turn up they served a summons on both of us but not to my new address they wont acknowledge i am not there. Judge says I am 50% responsible for the costs and the rent arrears. But he also said there was no longer a contract and didnt know how to structure the money to be paid to the landlord. He mentioned the eviction could be a case of tresspass then changed his mind and said come back in 21 days. My case is the landlord should have acted quicker to reduce the arrears and the court is delaying whch again adds ot my cost. If there is no longer a contract can I wriggle out of paying the rent I could argue if we had both moved out then the property may not have been rented out immediately. Im not sure how they assess their loss really Im clutching at straws I just want to limit my exposure. I havent got any money left now and lost my job so I cannot afford legal representation either. I will do a further statement with a character reference but im not sure what to write now. Mnay thanks for any detailed advice on my statement perhaps some case reference would help for me to quote where a contract has expired. Im the only honourable one here i even paid for the kitchen to be replaced as her dogs ate the base units. Ahh well. Regards Frank