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  1. [ATTACH=CONFIG]52477[/ATTACH] On 23 July 2014 over 300 people came from all over the UK to show solidarity and support for Tom Crawford and his family, and help in the peaceful resistance to the illegal eviction proceedings brought by UK Asset Resolution Limited. The support on the day was so overwhelming that the bailiff decided not to appear with his illegally drafted warrant. At the moment, hundreds of warrants are being issued and served where a court stamp is used (not an official seal) and there is no official endorsing signature. This is fraudulent and illegal. The petition is merely asking the Government to ensure that courts and the judiciary follow the letter of the law and stop committing fraud. THIS ISSUE HAS THE POTENTIAL TO AFFECT EACH AND EVERY ONE OF US, OUR FAMILIES AND FRIENDS. The petition is aiming to gain 1,000,000 signatures, so please share and spread the word. PLEASE SIGN NOW, THANK YOU. http://www.change.org/en-GB/petitions/uk-petition-in-the-name-of-justice-and-fairness-we-the-undersigned-require-her-majesty-s-courts-and-tribunals-service
  2. Hi, Two weeks ago I was evicted from my flat, as the landlord was not paying his mortgage and the property was repossessed. I was told by the agent that I would receive my full deposit back as the landlord had broken the contract, making it null and void. Yesterday I received my deposit, however there was £72 missing. I rung the agents accounts department to find out what this was and I have been charged a checkout fee. This checkout fee is mentioned in the contract however, we were told the contract was null and void, so are they still able to charge us this? I did point this out to them on the phone, but they refused to agree with me and said the charge was to get the deposit back. Are they able to charge for return of the deposit? I believed before that a checkout fee was for checking against the inventory for damages, but the agents were not able to do this as the keys were taken and locks changed by the bailiffs? Please help, as if eviction isn't enough stress without throwing more problems in!!
  3. I had a suspended repossession order from a lender with regards to a secured loan. I have been making the payment plus extra towards the arrears but had some issues in 2011 and 2012 and missed some payments but since 2013 I have had a good job and have progressively been trying to clear out al my debts . I had even increased the amount I had agreed to pay towards the arrears. For some weird reasons I never got any statement from the lender to let me know the balance on my arrears. Around about May this year I got a letter from the lender saying that I had arrears of about £4000, and then a few days later I got another letter from them saying that the arraars was £6000.Very confusing indeed. I called them and asked how much was the arrears, they said £ 4000, this was really confusing as once again it was differing from the £6000 they had written . Because I was not at peace with the confusion of what the arrears balance was ... I offered to pay £500 lump sum and then add an additional £130 towards the arrears from the original agreed £20 They asked me for a budget planner.When I filled it they called and said they would be going to court to evict me.They did not give me any reason, nothing whatsover.Is this correct. I have already paid the lump sum of £500 and started the payment. I got a letter from their solicitors saying they have applied for eviction, the letter did not say how much the arrears was.I called the lawyer to ask what the arrears was..he said to call the lender. I wrote the lender, high lighting the confusing information I was getting on what this arrears was, was it £4000 or £6000, stating the letters i got from them at the same time stating different balances. I now got a letter from them the next day apologizing that they should have sent me the balance statements as per the consumer credit act 1974 rules , which states I should have been sent this statements as soon the arrears was up to or in excess of 2 contractual payment.They had failed to do this as they stated in their letter , and that they would refund any default charges or interest applied to my account during the period. They now sent a statement where they waived upto £11,900. This waiver effectively clears all the supposed arrears and then some towards the balance... in the statement they sent however they applied £10,500.....so am actually planning to chase them for the £1,400 they have not applied . so basically this wipes out the arrears and just leaves about £5000 left as balance on the loan...NOT arrears. Yet I now received this eviction notice. The notice was written on 8th July 2014 by the court but postmark shows 25 july 2014...which means the court had posted it to me 18days late ...which does not give me the much time to react...is this correct?. I feel as if the repossession order and the eviction order should be overturned completely. What do You think and what should I do.
  4. https://www.youtube.com/watch?feature=player_detailpage&v=jwEITt_GTaE . Some background to the story. https://www.youtube.com/watch?feature=player_detailpage&v=35PvAoH5IPk
  5. Could you please help me I have a suspended repossession order from May 2013. I defaulted on my mortgage repayments of £600/month in April and paid £1200 in May and have paid £600 on 30th June and am currently paid up to date. C&G have applied for an eviction date. I've told them that I am up to date with the arrangement we have in place ie £557.93 mortgage plus £42.07/month to pay off the arrears. Nontheless have insisted on going to court to get an eviction date.C&G (Evictions Dept.) say they wont speak to me until they get an eviction dat e this information is from the agent I spoke to when I paid my monthly installment of £600 on 30th June. I had a letter from the County Court today saying: Quote:Before Judge xxxxx County Court xxxxxxxx Upon reading Claimants Application and supporting witness statement It is ordered that: 1.The Claimant has permission to enforce the order for possession made in these proceedings on 27th June 2007 by issue of warrant of possession. 2. There be no order of costs The letter is dated 3 July 2014. I have no eviction date as I intend to go back to court to apply to have the warrant suspended. Can anyone advise me please.
  6. I will try to keep this short and just stick to facts. For numerous reasons we have circa 11k arrears on our mortgage and BS are going for repossession.I have been advised that the bailiffs will call with paperwork and then it will be two weeks ish from that date. Expecting paperwork in next week so three weeks to sort it out. We have put our house on the market and have approx. 70k equity. Mortgage payments are circa £900 per month but we our circumstances have slightly changed and with 140 months left could afford a Norgan payment on top of monthly payment until the house has sold. We have 2 young children 6 and 7 and are both working. Our aim is to sell and rent for a few years, save some money from what we get from the sale and time being a great healer and possible inheritances coming through buy in say five years again when we can both work more hours with the children at secondary school. There is a suspended possession order from 2010 but there have been NO eviction hearings before. Could someone give me some advice as to the best defence when I go to court to se if I can get the eviction overturned / suspended. The BS have told me that they will only accept a big lump sum (which we don't have) plus interest and £600 per month off arrears? Do you think I stand any chance or should we just assume the BS will win and that's that? Hope someone can help....I know I need a form 244 etc and also the protocol round filing it and getting a hearing, its just how to approach it. I have read that some people are on their 7,8,9th etc eviction hearing and still being ok, but I worry that with my luck the Judge will just rule against me!
  7. I've seen some excellent legal advice on this forum but I'm posting this less in the hope of getting out of the hole I'm in and more as a warning to other commercial tenants. Eight months ago, I verbally agreed a new tenancy agreement when my five year shop lease was coming to an end. When I rang the landlords six months later the guy I had spoken to had left. The new person said they'd honour the agreement but only on a one month rolling contract outside the act. I needed to race to a solicitor and get the agreement witnessed. Why would they be asking for this? I dismissed my suspicions as paranoia. I'm a good tenant. Pay on time etc etc. Lots of empty property in the locality. Exactly six months later the shop has been re let to a new tenant. (I had no idea they were making it available - not 'quiet enjoyment' for three years) and I have been served one months notice. As you can imagine this is devastating to any trader. Find a new property. Relocate. Fit out etc etc. The cost is prohibitive. Are there any loopholes? The rent is paid per annum but on quarter days so has been paid to September 1st and I read that the notice period must end at the end of a period. Lease commenced on 24 Nov. One months Notice was served on 23rd june with termination set for 27 July (One minute before midnight) Any advice help definately appreciated but otherwise please treat this as a warning to others.
  8. Hi all, I'd appreciate any advice on my immediate problem please. I have a mortgage with Bristol & West/Bank of Ireland. In 2007 I took ill and fell into mortgage arrears, Bristol and West got a Possession Order so I borrowed money to clear the arrears. Due to the unfair interest rate rise imposed by Bristol & West/Bank of Ireland plus personally being unable to function properly due to depression, arrears have accumulated so the Bank is not threatening to use the existing possession order to go for eviction. I have complained to Bristol & West/Bank of Ireland, in March 2014, about the interest rise, plus the charges they keep adding which is making matters worse. Their response to my complaint was unhelpful so I am writing to the Financial Ombudsman to complain - I believe I have six months to complain to the Ombudsman which is fortunate as I cannot predict when depressive episodes may strike nor how long they will last. I do know I cannot afford to pay them £1500.00 in the next seven days, nor do I have anywhere to move my family (wife and 3 children under 16). Does anyone have any advice or could point me to information that might help please? Thanks in advance Brian
  9. Hello I'm at the end of my tether and desperately need advice if possible. Basically I'm on my 8th eviction in the past 9 years. Ridiculous I know but lots of things have gone pretty badly for us. Right my eviction is set for 25th June. We had a suspended order on 10th sept 2013 to pay cmi of 638 plus arrears of 400 per month. Our current arrears are a hefty 16000. My lender has refused 3 offers in the last few months 2 of 1040 per month and one of 900. I've been an idiot and stopped returning their calls and just wrote and emailed instead stupid I know but I couldn't face talking to them. Our daughter has recently had a kidney transplant and our whole time effort thinking and energy has been put into getting her well. Unfortunately the transplant rejected and has now been removed. She's finally on dialysis 3 times a week which is set in stone so I am now able to resume childminding and my husband works full time. My question is as my offers have been rejected when I fill in my n244 form do I just ask for a little more time to find somewhere half decent to rent or do I ask for a suspension which I very much doubt would go in my favour seeing as this is our 8th time in court. Any help would be massively appreciated thanks.
  10. Hello, I will start by saying that we are a group of three international students who share a property. It turned out our landlord did not pay his mortgage and we received an eviction notice on late April as the property was to be repossessed. The landlord of course "went missing" and did not answer to any phone calls or emails. We (the tenants) applied for a stay of execution and we got one until the end of our tenancy (30th of June 2014). We already paid the 1st month following the court's decision (May) and we are left to pay the final month of our rent (June). The mother of one of my flatmates is a Cypriot lawyer and she told us that given the circumstances we are not obliged to pay June's rent if none of us stays in the property on June, but she might not be very familiar with UK's laws. Under any other circumstances we would pay June as normal. So my questions are: a) Is the contract valid until the end of our tenancy, even though the flat was supposed to be repossessed on May and we delayed the process by getting a stay of execution? b) Do we have to pay June's rent even though no one of us occupied the property on June?
  11. Please could someone advise me if at this late stage there is still sufficient time to submit an N244 to try and prevent a repossession that is scheduled for Monday 9th June at 10.15pm. The earliest I could get to the court would be Monday morning which I'm assuming wouldn't give them sufficient time to schedule a hearing. I've tried to negotiate with Kensington (they're enforcing a suspended possession order) but they've told me that the affordability isn't the issue, they just don't think I'll keep to any new arrangement. Thanks
  12. We have received an eviction date for the 5th June 2014 after being behind with our mortgage payments. A year or two ago we were taken to court and the judge ordered that we paid an extra £46 a month on top of our payments. Unfortunately we also had some rental arrears on our shop and the council ordered us to pay £100 per week. We are almost at the end of paying the rent arrears but having to pay it meant that we couldn't always pay our mortgage. I have been speaking to Topaz Finance for the last few days and have been struggling to come to an agreement - I have proposed to pay £375 this month (our base payment is £256,) and £450 next month and £500 on subsequent months but they are sounding like this is unacceptable. I am due to hear back later today but it doesn't sound good. What are my options if they decide that my offer isn't good enough? Thanks
  13. Hello im aftyer some help and advise I have recently been in court in regards to Halifax taking possession of my property (court date was 24th April) the suspended the repossession on the grounds that payment of my monthly mortgage £412.90 plus an additional £60 towards the arrears which is due to be paid on 28th of everymonth, this is perfectly affordable with us and we have no problems making these payments. For some unknown reason our payment did not clear from our bank account on 28th April even though funds were available, we received no correspondence from our bank advising the payment did not clear and neither did we have any correspondence from Halifax advising they had not received they monthly payment, I found this out only by receiving a letter from Ascent legal advising Halifax had advised them to proceed with enforcing the warrant for possession, I made the payment of £472.90 on 12/05/2014 which is the day I found out the April payment had not been processed, I have spoken with Halifax and advised the situation only to be told that there eviction team/ litigation team would not speak with me until and eviction date had been set. We have no issues what so ever in keeping to the monthly payments plus the extra towards the arrears it is completely affordable to us I am starting to get a little stressed that I will have to go through the whole court process again:| Has anyone got any advise of what I can do ? could I write to the Halifax ? Halifax have confirmed that they have received the payment which was sent yesterday.
  14. We rent a house privately from a landlord. The tenancy agreement for 12 months was signed and dated last April. Originally there were three of us in the house (me, husband and a friend). The landlord only informed us at the end of November that we had some rent arrears from preceding months and we made a concerted effort to clear them, but once the friend moved out we could no longer do this. For the last couple of months we have not paid rent as we are saving for a deposit etc to move out as soon as possible. The landlord is aware of this and has obviously been chasing for us to get out, we want to get out but cannot make ourselves homeless. I spoke with the landlord today and he said if we have nothing concrete sorted within a week he will go to the court and get the sheriffs to come and evict us - apparently he pays them and they can turn up announced, seize everything in the property and give you 2 hours to get out. I realise we are in a poor position and do feel really bad for not being able to pay rent etc but we are doing our best to find somewhere else to go. Can the landlord really take such drastic action when no notice has been served to us at all and the tenancy does not expire until next month? Or do we actually have some more time if we need it? Any advice much appreciated.
  15. Hi I'm not sure if this forum can help or where I would post about this topic...Could someone please point me in the right direction Thank you very much
  16. Hi, hope someone can help i am getting really worried - in Aug 2013 Kensington took me to court in regard to the arrears on our mortgage and they secured a suspended repossession order which meant we had to pay £915 per month in total. In Nov and December due to emergencies with our home the direct debits bounced. Kensinghton got in touch and did an I&E and told me they wanted me to make an extra £100 per month to cover arrears. They intially agreed over the phone and then 1 week later said that the offer wasnt acceptable. They feel i should pay more and have decided to go back to court and seek and eviction order. I will make this months payment on time next week despite me having an attachment of earnings order this month which leaves us £600 worse offer - this shows that i can afford the court order amount. What do i do about them deciding to go back to court ? will i be notified of a hearing ? what do i do next ? an help gratefully recivced.
  17. About 5 years ago I lost my job and got behind with my mortgage. MAS No5 the mortgage provider went for eviction through the courts, but I managed to have the warrant suspended. I kept up the terms of the suspension and cleared all arrears, but the mortgage company refused to retract the eviction notice and said it would have to remain as suspended even though there no arrears. Question 1: Was that lawful? About 4.5 years ago we moved out of the property to move nearer to my new job which was 100 miles away with the intention of selling or renting the property. The market collapsed so we could not get a buyer above negative equity and as the house was empty longer it became damp to the point of being not fit to live in. During this period I have been trying to pay for this property plus the one that we live in now (rented), but it has been very difficult. The final stumbling block was last year when I had all of my wages taken from my bank by a PayDay Lender (despite not all being owed to them and me not giving them my bank details) which has been the catalyst for us falling 4 months behind. Last Saturday we were fortunate enough that after much hard work and travelling up and down to the property we have a tenant who has moved in. Despite numerous attempts to agree a payment plan MAS have refused and taken the suspended warrant back to court. We have been given an eviction date of 21.02.14, but due to having rented the property, my bonus at work due in March and an increase in salary as well as having cleared some other debts I am now in a position to clear the arrears by 31st March in full as well as reducing the arrears before the eviction date. Question 2: Can I get the warranty suspended till 31.03.14? Question 3: Once cleared can I get the suspension removed? Having been visited by bailifs yesterday for Council Tax arrears for the property of £2139 (the council have imposed a 150% council tax charge I am at my wits end and could do with some advice and do not want to go bankrupt etc just want to pay my debts so I am in a position in the near future to sell this house and buy one nearer my work.
  18. Hello can any one tell me whether if you receive an eviction notice there is any way of extending the time. I am in talks with the mortgage company and have told them I am going to sell the property but I need time to do some repairs. They have intimated that they would not be prepared to grant me any time. thank you Stuart
  19. please can someone tell me its gonna be alright, we are £6200 in arrears with our mortgage plus an additional £3000 for interest & costs incurred with a suspended repo order by ge money, we were both self employed for 4 years & got into serious debt & folded the business, however we are now both in full time paid employment since nov 13 & are now in a good position to clear our debts & manage our mortgage better, we have offered ge £4000 to stop the eviction with ongoing proposals of extra £1000 end of feb , extra £1000 by end of april & extra £100 jan, feb, to clear arrears, but they have refused demanding full clearance inc interst ,total £9200 before eviction date to stop action. will the judge side with me because we previously broke terms of our suspended order
  20. Hi we were served eviction back in Juy and paid a company £500 to stop this, it worked we have since been paying NRAM part payments every week and that covered our monthy payments, we paid over the phone due both been self employed and NRAM been dirty and taking twice a month . however on 2 occasions they have processed it later and it not leavng our account on time. they stated we had had not kept condtions.and insisted we done additional income and expentedtures.and increased our payments. we kept obliging and everyime my husband rang to make a payemnt new I&E where compleated . in July the court agreed we pay our monthy of £425 and £75 of arrears we are now jumping through hoops and paying £200 per week and they are ringing every day for futher money and insinuating we cut utility bills, food , and give them more my husband is rOFSTED registered chilminder and needs our home to work and our daughter is 10 yrs FEELING VERY STRESSED
  21. Hi All, I know this is late in the day but I have only just found your site. I hope someone may have a last pearl of wisdom that may save the day. Brief History. Property started subsiding 4 years ago, I stopped paying the mortgage, The Coal Authority arrive at my house within 2 hours of the call, fence off the back of my property & make it a hard hat area, I start a claim through my insurance company Lloyds. Back garden has a 10m x 2m trench 40-50cm deep to the back wall of the house, the wall is cracked, broken pvc window frame, window inoperable, my dining room floor dropped 3cm heating pipes fractured flooded the house, supporting wall between the dining room & kitchen floated at floor level you could fit your hand through from one room to the other, this all happened within 7 days. Insurance Surveyor said, if you had a family you would move out of here as its safety is questionable.... So thats what I did... I had the house valued, at £150-£175 a few days later, 6 months earlier it was valued at £325-£350, mortgage £220k I kept Santander/Eversheds informed & sent copies of every letter from TCB & Lloyds, eventually Eversheds started repossession I said come & get the keys no problem, I waited for the bailiff at 10am, by 11am I called Eversheds, I was told they had changed their mind & wanted me to carry on pursuing TCB & Lloyds Insurance. Work is hit hard by the recession the company I work for go from 27 staff to 4 staff in 10 months & I go from £55k pa to £20k pa. Shortly after I make an arrangement to pay £280pm interest only for 2 yrs. After 3 years & £5k of solicitors letters later, TCA said nothing to do with us 'prove it', Lloyds said its settlement & the house is structurally sound or 'prove it'!... To 'prove it' Civil engineering companies quote from £12-£15k to do a full core sample & underground camera survey with comprehensive report & don't guarantee anything but be prepared for a bill up to £30k. I decide to invest the money in the property & start repairs myself, the rear wall is stabilised, rsj on the outside wall to spread the load on the surveyors advice, also the interior floating supporting wall removed with another rsj in place to support upstairs again on his advice along with two other Civil Engineers & 65sqm of new steel reinforced concrete flooring & £23k later... nice! October this year the 2 year interest only payment comes to an end, a month to go until the jump to repayment of £940 I try to negotiate a staggered increase as I still need to spend about £5-£7k to finish the interior, re-plastering downstairs decorate new flooring & kitchen (already bought) to be fitted. I continue to pay the interest payment, my Mortgage goes into default again as I am still negotiating 6 weeks on, as it seems to take about a week to get an email reply from Eversheds. A repossession order is made, Eversheds say no more deals its 2 strikes & your out, I can submit an N244 & see what the judge says. I speak to local solicitors, I don't even get call backs, I speak to national debt helpline & Shelter, both charities, both give the same advice & direct me with filling in & submitting my N244. I submit my N244 have my hearing date, I speak to the Santander/Eversheds Solicitor before we go in to the hearing she calls Santander & says sorry no help, have to see what the judge says, she can't even look me in the eye. The Solicitor & judge obviously know each other as they are on first name terms & they have just had a hearing together. The judge takes all of the information above on board seems horrified that I stopped paying my mortgage just because my house was falling down, states an offer of paying £940 + £60 arrears with a review at 6 & 12 months for me to up the payment as I expect to earn more & take in a lodger not acceptable, he acknowledges I am in negative equity still to the tune of around £100k & states that the eviction will go ahead on the 27th. I point out that I have spent around £30k trying to rectify these problems over the past 4 years & after all that I am in exactly the same place I was at the first eviction notice, I point out that I can clearly pay the mortgage, he agrees but says I can't clear the arrears in a satisfactory time with an agreement today, I point out there is 20 years to go on the mortgage & a lot has changed in the last 5 years & so it will in the coming 5 years but he says the eviction will stand. The end!... War & peace!... a little.... Thank you for taking the time to read to this point, if you can offer any advice it would be gratefully received, the clock is ticking... Eviction 27th Nov 12pm...
  22. hi we have had an eviction date for the 26th november iam going to the court to stop the bailiff and get a hearing with the judge, my question is if im unsucessful will the bailiff still come out at 12.30pm on the tuesday or will the judge give us time to move out?
  23. I posted some months ago about an eviction date set for Feb this year, we managed to get a Stay of Eviction and (sadly Northern Rock). The court date was set and the court sided with NR and a mandate put in place. We managed to negotiate paying extra with our monthly mortgage and this has been fine, we pay over the phone every month but on Monday we were served an eviction notice for 27th Nov at 10am. We spoke to NR and agreed further additional payment and had to fax over bank statements which we did but NR said they didn't receive them, it is so hard to get through to speak to any one and they are just refusing. We just don't understand why they are suddenly doing this. We will literally be homeless with all our belongings some how in storage, 4 children and no where to go. All we want is some extra time to get our stuff packed and into a new property
  24. I have been reading through some of the posts and I must say you are all so helpful. I wonder if someone could help me please. I owe £4k to Birmingham Midshires in arrears for my mortgage. A suspended possession order was taken out in January this year. I was working but in April the contract came to an end - my Father also became ill and 10 days later he passed away. I was not in right frame of mind through the summer months to find work etc. I told BM this and kept them involved as to what was happening. I am now back at work - as soon as I told BM this they executed the SPA and evicition is meant to be happening next Wednesday 21st November. I have been dealing with their solicitors Drydens Fairfax. A few weeks ago (before they sent notice) I sent an income and expenditure form offering them the monthly payment plus £200 per month - this was rejected and was served with the eviction notice. Drydens said that they would stop the warrant if I paid £1254 in a lump sum - I just havent got that sort of money until I get paid with my first wages on 25 Nov. I spoke to Bailiff at the court and she was very helpful - said that I should apply for an SPA because the mortgage company should have accepted my new offer and as I am working have a change of circumstances etc. I applied with the N244 notice yesterday and have been giving a hearing date of 20 Nov at 10am - day before the eviction. What are my chances do you think? Do you think the courts will be on my side? I am so scared. I have a 7 year old daughter and just dont know what to do if I lose the flat. If it is denied - will I still be evicted on the 21st? Any help or advice would be much appreciated.
  25. Good Afternoon All. I was really looking for some advice on way's I can move forward with the following situation: My partner, son and I live in a housing association property and pay £870 per month for a 2 bedroom house. As of February 2013 I had to change jobs due to my previous company making redundancies and jumped into the next suitable job for financial security purposes etc. I went from a 30k a year salary to 23k per year and my partner takes home roughly £650 per month as she works part-time due to being the primary carer for our son. Unfortunately as we both have bad poor credit scores we need to use payday loans to help us get throught the month but now are in a situation where we are taking them out to help with living and the cost of rent! Each month we are needing to pay back the previous loan and take out another one and the amount with interest has gradually increased as we have needed slightly more each month as we are loosing a lot of money in interest. The problem we have now is that the maximum loan I can take out just about covers the rent but we'll have nothing else to live off of for the month. I'm not too sure what to do with this one, I don't want to get into rent arrears or have a payday loan we can't pay back, especially as I can't imagine them being that flexible. Is there any support or advice out there to help manage housing association rental arrears as I don't see any other solution to get us through the month then to pay less on the rent? Unfortunatly there isn't anyone we could ask to burrow the money from. Thank you for your time.
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