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  1. 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!
  2. 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.
  3. 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
  4. 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!
  5. 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!
  6. HI, What happens if a tenant doesn't submit a Defence and Counterclaim by the due date the courts have set out
  7. 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.
  8. 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
  9. 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
  10. 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.
  11. 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
  12. 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
  13. 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
  14. 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.
  15. 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!!
  16. 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...
  17. A housebound pensioner was threatened with eviction over a 28p unpaid water bill. Raymond Medlen, 78, received a letter warning him that he could be taken to court and could lose his home over the unpaid water charge. When his sister went to the office of Orbit South housing association to pay the money, staff refused to accept it from her. They said they would have to see her brother, or at least have proof he wished her to deal with the case for him. His sister, Maureen Price, condemned Orbit South housing association for their "appalling" treatment of Mr Medlen. She said : "He had a massive stroke followed by a quadruple bypass and spent six months in hospital. "He is not a well man and should not have had to spend the whole weekend worrying about the action the letter threatened. "I think it's disgusting and should not have taken all this time to sort out." Mr Medlen, from Slade Green, Kent, had increased his standing order to cover a 14p-a-month rise in his water charges. He had made the change at the bank two weeks before, but it appears the money had not been received by the time the warning letter was sent. Jane Patterson, head of income at Orbit South in Erith, said: "The system automatically generates reminder letters for arrears over £10 and, in this instance, a possession order letter was sent by mistake. "We apologise for any distress or inconvenience to Mr Medlen and his family. "We would like to reassure Mr Medlen that we are not looking to take any formal action against him and, to explain this, we have arranged for a team member to contact him directly." Link: http://www.telegraph.co.uk/finance/personalfinance/10002911/Pensioner-who-owed-28p-threatened-with-eviction.html
  18. 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
  19. 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.
  20. 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
  21. 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?
  22. 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
  23. 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?
  24. 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.
  25. Please advice needed, once again i am back on this forum and now find myself with an eviction notice, we had a suspension of possession order granted at end of feb, however have only made 2 mortgage payments and two order payments to date...i know this is very bad and am now at my wits end with worry are as i think we going to lose our home for sure this time. reason for missed payments is due me haveing time off work at beginning of year with broken foot, although only part time the loss was felt. also we have also fell into the trap of payday loans 4 in total..i have now cancelled my cards after reading about them in other treads, and will sort them out later, hopefully with a payment arrangement something they dont want to agree to while they have access to my money. so with these unable to keep taking funds each month and my income coming in we will be able to maintain the mortgage and payment set by judge of 150.00 I have put proposal to Kensington sent wage slips and budget sheet, and also my stepfather offered to pay 2000 off as a gift but they wanted to see his bank statemnts he sent letter saying it was a gift but this was not enough and he will not let them see his bank statments..this was 3 weeks they refused his payment without this so he gone on holiday with the money. Icant blame him really as they wont accept it and there is no one else to ask. the arrears are just over 7000 now actually more than in february when we last went to court. i have letter saying i have 14 days to vacate, i just dont know what to do i feel sick and have my two grown up children i have to put brave face on who have no idea, one just gone to uni, and other ears 80 week so has nothing to help with eitherway..oh god am i going to make them homeless.. Please any advice will be appreceated..wont be on here till tomorrow have work later. i have attached a budget sheet also.
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