Hi I have received an eviction notice for the 15/11 however the arrears of £2500 will be paid in full by Friday, what can I do to stop the eviction. Please help

Hello anyone. I have posted on another thread under message header NRAM & Wallers as I hadn't seen this thread. Don't know if it is possible for admin bods to move and merge threads please. Anyway latest news now is that we have been sent an eviction notice, N54, with date of just under 4 weeks from today. Any ideas of how to overcome this. Having read other threads I have already printed out the N244 and advice sheet. I know we can't do anything courtwise until Monday but at least we will have the weekend to get the rude names for NRAm off our chest. Thanks in advance.

Hi I'm hoping you can help me please? I've been reading through various threads & have found it very useful but I need some guidance on my personal situation I currently have my main mortgage with a building society & a secured 2nd loan (£35k) with First Plus , taken out 5 odd years ago. I was made redundant in 2011 & claimed housing benefit for a period which contributed towards my payments. However I still got behind & about 18 months ago FP obtained a suspended possession order. I continued to make payments albeit in rather an ad hoc manner & by the beginning of 2013 I was up straight with it. By March/ April this year my partner & me decided to set up our own construction business so I could come off the benefit system & we could "better ourselves" financially! I had always had a reasonable communication line with my building society & wrote to them to advise of our change in circumstances & to say payments would continue but they would be a little sporadic i.e because of our self employed status & unconventional income stream. The BS were "ok" with this Because of the fact that FP contact had previously been via Eversheds I wrote to them with the same communication & asking for a status update on my account & they replied saying "their file was closed & no instructions held from their client to re-commence proceedings" . They said they would refer my letter to FP but when I heard nothing after about 3 weeks I wrote direct. FP replied saying my account was under review & that they would consider a repayment plan for the arrears. I wrote back with a proposal of paying half the arrears in one lump sum& half on top of my normal cms. Again no reply. The next letter I got was from Eversheds saying they had been instructed to enforce the order & were applying for an eviction date. The only way I could stop it was to pay full arrears straight away - which I couldn't do. So now I have a letter advising that a warrant of possession has been granted, to be enforced on 29th Oct!! I tried one last phone call to Eversheds today saying how desperate I am to avoid it going to the full process & mentioned again about the lump sum proposal. They said that they would now put that forward to FP to consider but couldn't guarantee anything. I am to complete an I&E & email them today with details. I've contacted CAB for advice & am waiting for a call back. Plus I've spoken to a company called "Revival Repossessions" who specialise in managing such cases through the court process for a fee (£300 approx) & they have said they would definitely be able to help me . I'm horribly confused & upset & don't know what to do now for the best. Other queries/points to mention - 1) no PPI 2) I raised a query earlier in year about the amount paid by me versus level of arrears but it wasn't properly answered 3) confusion around whether my loan is CCA regulated or not (& whether that matters). I was sent a CCA default notice back in March but in FP only other letter received in August they said my loan is not CCA regulated. 4) are FP allowed to ignore customer contact & not be obliged to send statements or letters ? They say they are not obliged to do so I need your help please - anything would be very gratefully received. Sorry if I've missed any info

Hi I'm hoping you can help me please? I've been reading through various threads & have found it very useful but I need some guidance on my personal situation I currently have my main mortgage with a building society & a secured 2nd loan (£35k) with First Plus , taken out 5 odd years ago. I was made redundant in 2011 & claimed housing benefit for a period which contributed towards my payments. However I still got behind & about 18 months ago FP obtained a suspended possession order. I continued to make payments albeit in rather an ad hoc manner & by the beginning of 2013 I was up straight with it. By March/ April this year my partner & me decided to set up our own construction business so I could come off the benefit system & we could "better ourselves" financially! I had always had a reasonable communication line with my building society & wrote to them to advise of our change in circumstances & to say payments would continue but they would be a little sporadic i.e because of our self employed status & unconventional income stream. The BS were "ok" with this Because of the fact that FP contact had previously been via Eversheds I wrote to them with the same communication & asking for a status update on my account & they replied saying "their file was closed & no instructions held from their client to re-commence proceedings" . They said they would refer my letter to FP but when I heard nothing after about 3 weeks I wrote direct. FP replied saying my account was under review & that they would consider a repayment plan for the arrears. I wrote back with a proposal of paying half the arrears in one lump sum& half on top of my normal cms. Again no reply. The next letter I got was from Eversheds saying they had been instructed to enforce the order & were applying for an eviction date. The only way I could stop it was to pay full arrears straight away - which I couldn't do. So now I have a letter advising that a warrant of possession has been granted, to be enforced on 29th Oct!! I tried one last phone call to Eversheds today saying how desperate I am to avoid it going to the full process & mentioned again about the lump sum proposal. They said that they would now put that forward to FP to consider but couldn't guarantee anything. I am to complete an I&E & email them today with details. I've contacted CAB for advice & am waiting for a call back. Plus I've spoken to a company called "Revival Repossessions" who specialise in managing such cases through the court process for a fee (£300 approx) & they have said they would definitely be able to help me . I'm horribly confused & upset & don't know what to do now for the best. Other queries/points to mention - 1) no PPI 2) I raised a query earlier in year about the amount paid by me versus level of arrears but it wasn't properly answered 3) confusion around whether my loan is CCA regulated or not (& whether that matters). I was sent a CCA default notice back in March but in FP only other letter received in August they said my loan is not CCA regulated. 4) are FP allowed to ignore customer contact & not be obliged to send statements or letters ? They say they are not obliged to do so I need your help please - anything would be very gratefully received. Sorry if I've missed any info

I was just wondering if someone can give a friend of mine advice. She let a lady move into a 2 bedroom terrace property wich she owns, for a very low rent. She has lived there for years for next to nothing but has now been complaining constantly over everything. She has also only been paying rent every 2 or 3 months instead of monthly, but my friend just let that go. My friend has had enough now and wants her to leave and find alternative accomodation, so she can sell the house. Can she just tell her to leave, or does the lady living there have rights. There has never been a Tenancy Agreement, or contract given to her. Thanks in advance.

We have received court papers for possession of our rented house, the case is due to be heard on 28 September 2013. The landlord has failed to and refused to place our deposit in a TDS. We have proof by way of signed receipt from the agent that the deposit was received, it is also in our tenancy agreement that it has been paid. Is the correct way to go about claiming deposit back and compensation by using the counterclaim section of the landlords claim for possession? or would this have to be done in our own separate claim? Is it worth me doing it? or should I involve one of the many firms who are currently doing No Win no Fee? thanks in advance for your help AGAIN!!! these forums have been so helpful to me in the past to which I extend my gratitude. thepalace1

I hope someone can put my mind at rest. I have a suspended possession order which was granted by the court last year. Due to my wife's deteriorating illness and being self employed payments were erratic and became 3 months in arrears. I received a phone call from Paratus-Amc advising the were going to enforce the possession. Due to major a change in my circumstances I advised the I would be able to clear all arrears by end of August (just over £9000) and also meet this months mortgage payment of £581 and all future payments on the due dates. I was told by the lady I am dealing with that if I did that by the end of this month no further action would be taken. To date I have paid £8000 but on arriving home from work today received a letter from their solicitors dated yesterday advising that bailiffs had been instructed to evict on the 13th September. What action should I take obviously I cannot speak to anyone before Tuesday. Any advice would be welcomed.

Hi everyone, I need some advice! Ok, basically we have some outstanding council tax and rent that needs to be paid. This was a bill 2 years ago and we know that they have sent the ballifs to our old property which we left and most likely got evicted for not paying rent. Now at that time when the ballifs were sent, we were out of the country due to an unforeseen circumstance. My question now is: i am not sure if there is a court order as we have been abroad since, have been trying to call yet to no avail, would i be able to bypass the court order and just go directly to the council and agree some sort of installment payment or must i go through court to settle the payment. :???: Oh and i am assuming with rent and council tax, the debt comes up to roughly 2000 pounds. I am also hearing that the Bailiffs add their own fee's to things, can i not pay that and just pay up at the council. Would they force the bill on us straight away and if unable to pay it, jail us? I know my mind is playing games but i need to make sure and plan ahead. Any information would help as i need to come back asap yet worried what would happen at the other end. Thanks!

Hi, This is my first posting, My question is about eviction notices - my husband and I have been serviced notice to quit, private landlord used section 21 to remove us from his property we have been here for many years on a AST contract. We were serviced notice to quit through Agents and because we could not leave we were then sent possession to quit notice from county court without a hearing. I am not sure why, there is no rent arrears,but I think they just want to put up rent and because my husband does not work (he had a stroke) we would not be able to afford much more rent. Is there anyone that can tell me if there is anything I can do to delay eviction? The bailiff hand delivered the eviction notices one to each of us, by putting it through the door are they supposed to hand it to us? The Bailiffs have given us the date of 21st August this week I am panicking now. I have been dealing with shelter but they have closed the case because they said they could do no more as Agents have followed all the rules. I have found another property but it is not ready for another 2 weeks! Sorry for going on I am not used to using forums and not sure how much information people need. Thanks you Maggi

I live in a park home, covered by the mobile homes act.Under the mobile homes act, a resident may object to a rent increase. The increase is not enforceable unless the landlord goes to a residential property tribunal and they agree that the increase is acceptable. However, my landlord (the local council) claim that the mobile homes act does not apply to them. I understand that the mobile homes act applies to all mobile homes regardless of who the landlord is. The only exception is if the site is a gypsy or traveller site, which does not apply in my case. Now the landlord is seeking possession for rent arrears,although the only rent arrears are the disputed amount. They have filed a possession claim and that is scheduled for 3 weeks time. My question is whether I have grounds for a counterclaim. I would value my park home at £90,000 and would lose that if the court were to judge against me and grant an order of eviction. I believe my landlord is acting vexatiously. They have been threatening this eviction for 15 months. I believe that their actions are an attempt to make me believe they have a reasonable chance of being evicted. I believe that they expect me to fear losing £90,000 and sell my home voluntarily rather than risk losing everything by going to court. I am in an unfortunate position where I do not qualify for legal aid, and I can't afford a solicitor. I believe my case is a simple one, so am not worried about defending myself in court.

hi, i rent a room in one town (near my works and children) and my partner (not the mother of my children) rents a house in the next town, she is signed off sick and has a daughter. i cant move in to her home as she is being evicted as landlord is selling up, section 21 ends in september and her local council are not helping much they just say she will have to rent another private which isnt easy since she isnt working and on sick benefits due to ongoing heart issues for which she is having open heart surgery for very soon. i work full time but cant have her and her daughter live with me as i rent a room in a house to keep costs down so i can pay for my children and not go via csa. i have already registered for housing with local council in my town but of course can only apply for a 1 bed place due to it being just me. i have now filled in a change of circumstances form and added my partner as we were thinking of moving in together in the new year (have been with each other for several years so not a rushed thing) with all that is happening her end i dont know what to do as she is going to need me with her full time during and after surgery. have i done the correct thing adding her via the change of circumstances form with my local council? as i hope they will help us get a place together and soon due to her condition . we did not want to move in under these circumstances but i need to be there for her full time. since we are both living in different towns i am just wondering what the best thing to do or push for. a very odd situation and any pointers would be great as i am worried about her condition and the stress of all this being evicted is having on her but also wanting to get help with a council home not private rent as i cant afford to keep both of us on private rent rates. thanks.

Hi, i've received a 'notice of eviction' and am due to be evicted on 13th August. If by some miracle I manage to get the money up to pay the arrears before this date could this stop the eviction. Also how many days before eviction would I need to hand in a stay of execution. Please help!

HI, What happens if a tenant doesn't submit a Defence and Counterclaim by the due date the courts have set out

Hi. I am new to this forum but at an absolute loss as to where to turn with my problem. Basically I signed an assured shorthold tenancy with a friend of mine in June 2012. My friend having never paid rent abandoned the property at the time and I had entered a period of depression. I was being hounded by the landlord about his arrears as they couldn't locate him. Neither could I. In January I had a friend who was eligible for DSS offer to move in. I contacted my landlord and at the time they would not change the lease to his name without us paying £250 which I couldn't afford. I was issued with a notice seeking possession of a property let on an assured tenancy on January 25th 2013. In the end after Citizens advice had tried to work out the situation of getting my friend on the lease and my landlord did not respond to their letters my friend had to leave the property due to my landlord telling me I was in breach him being here. I tried to reason with them saying my original co tenant was not returning and his rent would never be paid. Even if I paid my side of the rent which was £300 I was still gaining £300 a month arrears which if my friend was not found would have made me liable so I was advised as I am soon declaring bankruptcy to stop paying my rent as this would all be included in my bankruptcy. Come March 2013 I was suspended from work after becoming extremely stressed on shift and in April was officially fired from my job which is still under appeal. I am currently on ESA signed off with a Doctors note for depression and anxiety. I have been told by my landlord that on June 27th when my tenancy ends they will be here to collect my keys. Now I have been told by citizens advice and shelter I do not have to leave on this date as when my tenancy ends it automatically switches to I believe a periodic tenancy and the landlord must apply for eviction in the courts. Does anyone for sure know if this is accurate. Also how long would this procedure take. My landlord also now wants to start viewing the property with prospective new tenants and I informed them that due to my current medical condition this is not possible as I currently suffer anxiety attacks supported by a doctors note and I am on prescription Valium. After a heated email discussion with my landlord today I was informed they have the right to enter with tenants and will do. I informed them that a text at 2 pm today for a 12pm visit tomorrow is neither 24 hrs notice and also not written to which they informed me to stop being pedantic. Any advice would be much appreciated as in 9 days I fear I face homelessness and housing associations told me if I leave when the lease ends I am volunteering being homeless. My landlord is telling me I must leave. I feel its all making my medical condition worse. Thank you for any help and sorry for the long post but I wanted to include all the information.

Hi all, As you will see I am a "newbie" to this site and it's forums so please go easy on me in terms of judgement :-s My Story: I have had a mortgage with KM for 9 years and for the first 6 of those years I was keeping up with my payments. However, 3 years ago I lost my job and fell into arrears. I have been making payments on and off for the last few years and during this time missed a few more payments. KM has been to court - around January 2012 they were given a possession order. Since then I have been on an arrangement plan with KM and agreed to pay £440.00 per month (Please note my contractual mortgage amount is £382.87 and £57.13 was towards arrears). I defaulted on my last plan in December 2012 whereby I did not make the required £440 payment at all that month due to unforeseen motoring expenses. Since then I have paid the following payments; January 2013 £400.00 February 2013 £400.00 March 2013 £400.00 April 2013 £400.00 May 2013 £425.00 In March 2013 and April 2103 I got letters through the post both saying their records showed I was making payments above my contractual amount and if I continued to do so then I would not be charged the monthly £50.00 arrears charge. Both letters did ask me to urgently get in touch and to be honest I knew I had to speak to them as I wasn't paying the agreed £440.00, however, did not mention possibility of eviction. To my surprise I got a letter on 23rd May 2013 advising an eviction date had been set for 18th June 2013. From the 24th May to date I have called KM 16 times (to the cost of £80.00). I have gone through an Income & Expenditure and offered £448.02. They asked for a lot of information in support of my Income & Expenditure and to date I have sent 46 pages on 2 separate occasions detailing and supporting everything, including my unforeseen motoring costs. Every time I have called I have been told I have to speak to the Evictions Team who have never been available. However, on Friday 14th June 2013 I got through to Becky in the Evictions Team (truly one of the nastiest people I have ever spoke to) who asked for more proof - statements for a dormant bank account and advised my account cannot be passed to a manager for a decision until I provide this. So, what I have done is gone to my local County Court and submitted a N244 and have a court date for Monday 17th June 2013 as their was no way I could get the information to them by post in time. As part of my N244 I have gave the Court a copy of the 46 pages I sent to KM, along with my 2 covering letters and explained my difficulty in coming to an arrangement. However, I did forget to include my income &expenditure form in with the N244 and have been told the judge may not accept on Monday. Reason for my long post (sorry about that) is because I am so scared to lose my home and worried the judge will favour in KM. I just wandered what everyones thoughts were on the possible outcome and if anyone had any advice about going to court? Oh, not sure if you need to know this as well; Made a payment of £448.02 (which is what I am proposing) on 14th June 2013 - although they were reluctant to take this payment. Current Mortgage balance £69,000.00 - approximately Current Mortgage arrears - £5400.00 Mortgage term left - 21 years I would really appreciate any advice or support as am worried sick and haven't been sleeping/eating properly.

I have an eviction on the 14th June after missing payments on a suspended court order due to a bereavement in the family. I have had the property on the market and have accepted an offer on the property. I tried to ask the mortgage company for 6-8 weeks for the sale to go through but they won't have any it. I have proof of the offer and have already instructed my solicitors. Can be able to postpone the eviction

Hi All, found your forum when looking for assistance about stopping our family home from being repossessed. GE Money has decided to repossess our home on 21st June at 11.40am. I am trying desperately to fill in the N244 but I sought some legal advice earlier who said I don't have cat in hells chance of stopping the eviction. cutting a long story short in Jan 2011 we had arrears 2,500 managed to stop GE money from repossessing and our mortgage stood then at 100082.55. My husband had a car crash in march and wrote the car off, hitting a brick wall at 65mph on the M25 tends to do that, he walked away with a scratch but his car which is a taxi was dead. Desperate to get him back working we used every last penny to get him a car and up and running again. Now GE money state that arrears are 5600 and unless i pay in full by 21st, it is time to pack bags. I offered to pay this months installment plus a hundred extra but no it is either all or nothing and to borrow it from family and friends. Our mortgage now stands at 91,758 so as you can see we have made good progress on paying mortgage and just when we though every thing was going so well, our world has turned upside down. I'm i wrong in trying to get a judge to look at this again or should I be doing as GE state and saving all my money for the rent on house. We also have two children aged 9 and 6 and I'm terrified of letting them down. Can anyone help or should I pack my bags. Thanks in advance

need some advice ,got an eviction notice for 17 june my arrears aren't large just over 3 months I have read on this site that the mortgage company cannot reposes if the arreaes are less than 2 months is this so, if this is the case I can reduce them to below 2 months and then where do I stand need advice a bit quick thanks

Can some help me please I have a suspend warrant of possession which I have not kept up with and my mortgage company has applied for possession and eviction is due on the 14th July The house is on the market and we have an offer on it and all we are waiting is for the potential buyers to confirm they will be able to get a mortgage before we accept. Can apply for the suspension of the eviction for a period of 6-8 weeks for the sale to go through Someone help please

My mortgage company has informed me they have applied for eviction after I missed 4 payments on a suspended order. my arrears are £17000. I am able to pay a lump sum of £10000 by Friday next week. If I apply for another suspension can the judge agree.

Hi All Apologies if this is a common thread but Iv been reading for hours and coming up short and getting more and more confused as time goes on. I have had some advice which was very honest but has left me even more confused because i have two options so I figured I have nothing to lose by asking! Naturally I would prefer comments where PEOPLE KNOW what they are talking about as I have had enough guesses!! My situation is that I have a loan with GE Money which is a second charge secured loan which was originally £13,000 and is still £11,405 with about £7,000 arrears and only 1 year remaining. I understand the loan to be covered under the Consumer Credit Act and I have been told that this gives me the option of applying for a time order, however I dont really know what this means and certainly dont know how to apply for one other than filling out an N440 application. The reason I was directed towards a time order is that it apparently gives the Judge the power to grant more time to my loan as I only have about a year left and to clear the arrears over that period id very high. My eviction however is in 2 weeks. Is it too late to apply for a time order, will it be considered or just rejected and the eviction enforced? It was suggested that i apply an N244 application to get a suspended order to either agree to the ridiculous overpayment, or ask for time to sell, and then apply for the time order once the eviction is out the way. I just dont know the validity of either approach or the liklehood of getting them through, time is running out, and I have to do something!! Any well founded advice is very welcome!

Hi need some advice here just received an eviction notice for te 10th May, it came on Thursday... Ok was in court two months ago and had it suspended. However I had not realised at that time my whole life was about to fall apart. My ESA was stopped and for the last 8 weeks I have had no money to live on at all.. I was supposed to pay the loan company £480 then the monthly payments + and extra £25 I couldnt pay the £500 because not only was the ESA stopped but also the mortgage help I got, so the day after I went to court my entire balance was wiped out by my normal mortgage payment + the extra that the mortgage assistance would have paid. for the last 7 weeks I have been fighting the DWP to reinstate my ESA which they finally dd and I got a payment on Friday and all of the money owed, there are still complications with all of this, but they did say they would get my mortage help sorted as well asap.. The loan company want me to pay them £11k for a loan that has 3 yrs to go and has arrears iof £2600 on it They said last time that the MCOB did not apply to the secured loan because its governed by the Credit consumer act.. which I have ijust pulled out my copy of...and they are right... So I am stuck as to what on earth to do.. The loan was taken out in 2005 I do actually have the £500 I said I would pay now and the monthly payment, but I think its all too late to say that now.. can anyone help know I have to fill in the n223 form etc... its just what on earth do I put in my statement I have tried all over reading to figure out what to do and I am stumped

Hi first time user here, We need help stopping eviction order we had first order suspended from gmac-rfc2007 now Paratus we have had a bad three years brother in law committed suicide, wife off work with depression, also wife had major knee surgery was off again for seven months, shortly after I myself had carpal tunnel surgery on both hands which each time I was off of work for six weeks when Paratus took over in 2011 making payments of £200 off arrears in last 12 months missed three payments one for when the car broke down both myself and my wife need car for work that was in march 2012, then an arrangement was set back up as I said had hand done off work for six weeks don't get payed only ssp show payslips + medical note of doctor hadn't missed a payment until January 2013 when my daughter was assaulted by her partner which resulted in her having a miscarriage the, relationship broke down as a result of this, she then turned to alcohol to cope with the stress which then resulted in her having to come back home after losing her job and flat and as a family we are trying to help her get back on her feet. When we explained this to Paratus they didn't care told me it was too late told them I would up the payments to £250 a month they turned down this offer, I then told them I would make the payment up that I missed in January they still turned me down they have now gone back to the courts and enforced the eviction is on the 14th may i also had my statement which i worked out expected payments was 6871.43 in payed in total 7545.50 plus paratus also added 210.00 in chargers please help!!

Hi, I really need so,e help and don't know where to turn. We have been sent a notice of eviction letter from Eversheds, over missed arrears payments, from a suspended eviction order in 2008. Sorry about too much info, but here is the story. The original court order was for a suspended eviction and we had to pay £100 on top of the mortgage amount, which we did. There were a couple of times we missed payments, but I negotiated with the lender to stop going back to court and increased the arrears payment to £250 a month. The arrears were close to £10k at time of judgement, but the last statement is £6600. This is because they charge us £85 a month as a mortgage arrears fee. My husband had a brain hemorrhage last year (June) and they found an additional aneurysm which they managed to coil in late September, but they could not touch the 1st one, due to its fragility. My husband lost his job due to the amount of time he was off work, which we are fighting for unfair dismissal. He was awarded ESA (contributions based), but we have now had this moved to income-based ESA and back dated, so that we now are able to claim Support In Mortgage (?) allowance. Ours is an interest only mortgage. This was sent off last week to DWP. I've had to take time off work, especially last year, as the affects of the bleed are similar to a stroke. The mortgage company did send an assesor / councilor to see if there was anything they could do to help and I explained the situation to him, it was him that let me know about the various schemes to help. I have a mortgage statement that shows the payments made and missed. I also admit that they were not alway made on time, but they were in the month they were supposed to be. The council have just helped make alterations to the house, so that it is easier for my husbands care and I can't lose my home. I've been doing everything I can and my work has now stabilised. My work have been brilliant, they have set me up at home with all I need, so that I can work from home when I need to, so now my money will go back to normal. Please help, I can't speak to my husband as he can't cope mentally. I have 2 young children and I have really reached the end of my tether, I don't know how much more I can take...

We have been living in our studio flat for 9 months. We received a letter today to ask us to contact the agency as a matter of urgercy. I thought it was for the renewal of the contract, which expires in June only for them to say they have been trying to contact us to ask us to leave, as the landlady wants to reclaim the property. The landlady contacted them the 1st of Febuary and wanted 2 month notice period. The agency have the wrong number, not sent a email or sent a letter other than the one we received today. The agency office is also 5 minutes away!! I know the landlady is within her right to reclaim her property but my question is how long do we have by law to be able to locate a new palce to live. The contract states "possession of the property may be recoverd under Ground 1 in the Schedule 2 to the Housing Act 1988". Also Groud 2 notice.... In plain english what does this mean.