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  1. Hi i have been a tentant for 8 yrs at my rented property and found out my landlord went bankrupt and a possession order was made against the house so i went to court to suspend the decision and give me 2 months to find elsewhere which was granted till 23/01/2013(we were also advised by the banks client that if we had found somewhere and it moving date was a week after the 23 jan then to contact them and they would consider putting the eviction off till for a week. we then found a property which would wouldnt be ready till the 28th jan so i contatacted the solictor and they agreeded to the extension,since then another creditor G E Money put another possesion order againts the house which falls on the 23rd jan so i contacted them and asked for a delay of several days and sent copies of the my tennet agreement plus a confirmation letter of the landlords of my new property showing the move in date which they asked for and also once they got this they would give us the time needed.and once they recieved this proof they then said sorry we wont agree due to another creditor also having a claim againts the propertry. what i really need to know is can i go to court tomorrow(appointment at 10:30 am) will i be able to suspend the warrant againts G E money which gives me and family the days needed? thank you for taking the time to read this and if possible and speedy response would be very grateful,thanks paul
  2. i received an eviction order today dated 22 Nov 2012 , the postmark is the 27 Novemmber 2012 and it has been wrongly delivered to some one who has only come back from holiday and has now brought it to me . The date set for the eviction is 28 January 2013 , My circumstances regarding the arrears are very complicated can anyone help please ?
  3. Hi all Don't know if you can help and I am new on here. I lost my wife Jan last year suddenly and unexpectedly and my life turned upside down lost job depression etc etc. Fell into arrears with my mortgage and had a suspended order for possesion issued. I negotiated to pay back 62 a month on top of mortgage 2 months ago. Unfortunately I hit rock bottom again over the christmas perod (first chistmas etc) and stuffed up. I know its my own fault and I have been stupid and shouldnt have buried my head in the sand but what is done is done. My arrears are 6367.44 and total month payment is 750. I can pay 750 this month nad have done a spreadsheet detailing income, expenditure for the next 6 months incuding bank balance on a running basis. I dont want to lose my home as my daughter (20) and we love ur home and it was the world to my wife and is a glowing testimoey to her as she was the desginer and innovator. Please can anybody help us in our moment of crisis Many many thanks in advance
  4. help with evictions want to stop tha eviction, awaiting the date what to do in the mean time, received the form n244 need help in how to fill it in what to put, kensington are having none of listening to any payment plan in place being sinse middle of october.
  5. Hi, I hope someone can give me advice on my situation. I will definitely be receiving an eviction notice from my counicl as i have substantial rent arrears. if i give my council notice that i will be leaving, can i still be evicted? i would rather leave first so that i dont have an eviction against my name making it hard for me to rent in the future.
  6. Hi, I am hoping to receive some advice please. My situation is pretty messed up, I have a lot of debts due to a gambling addiction but I am trying to sort things out. I still have a job so still have income. Any advice on my renting situation would be appreciated. I moved into a property in October. I paid the deposit and first months rent. I was due to pay rent on 6 November and 6 December neither of which have been paid. I keep telling the letting agent that it is coming but I never have it. He is coming around tonight at 10:30pm to collect 1 months rent but I don't have anything to give him and will need to cancel. I think after this the landlord will want to evict me. I have a 6 months assured shorthold tenancy and the deposit is in a tenancy protection scheme. Regarding rent arrears the contract says: --- If the tenant - (1) is at least fourteen days late in paying the Rent or any part of it, whether or not the Rent has been formally demanded, or (2) has broken any of the terms of this Agreement then, subject to any statutory provisions, the Landlord may recover possession of the Property and the tenancy will come to an end. Any other rights or remedies the Landlord may have will remain in force. Note: The Landlord cannot recover possession without an order of the court under the Housing Act 1988. Note: This clause does not affect the Tenant's rights under the Protection from Eviction Act 1977. --- I've been trying to read of on my rights on the Shelter site and on here. I've phoned Shelter but been unable to get through to an adviser. I think the first step is that the landlord has to give me notice asking me to leave. Is that right? What is the shortest term it can be? This is my main concern, on some places it says 2 months and on some it says 2 months or 14 days depending on the reason. 14 days and I would have a big problem! Any advice on what I can do? I will have some money at the end of the month but the absolute most I could pay is 1 month. After that at the end of each month I should be able to pay a bit more than 1 month but it will take several months to catch up on the arrears. As a side note, when I moved in the heating/hot water was not working. It took 6 weeks for the agent to get it sorted. Then it broke again yesterday so I am freezing - guess I should get used to it! Do I have any rights at the moment to ask the agent to sort it? I really don't want to let him in if I don't have to given the situation. Also, the flat is a big house converted into 4 flats so has some communal areas - I have never received a key to the back door and I have never received keys to unlock the bathroom window. Also, the agent has a key for the front door. I'm not sure if any of these things matter. Any advice on this would be massively appreciated. I'm going through a lot of stuff at the moment I'm really trying to make a change and sort them out. I want to be able to set out a plan wit the agent, making an offer on how I will catch up with the payments. Or, be able to say, look I understand you want me out but please go through the correct process and give me time.
  7. Hello all, I have a Mortgage with Northern Rock, there are arrears on the mortgage although they are relatively low at £580. Due to a period of financial upheaval some 3 years ago, Norther Rock hold a suspended possession order on the property, and have now decided to activate it due to the above arrears. A notice of their application for an eviction order was sent to me today. I have phoned Northern Rock, and have managed to make the full payment of the outstanding arrears, and also pay this months mortgage payment, which means I am up to date with my account. But after spending an age on hold whilst the call handler spoke to her supervisor I was told that the eviction would still be requested. Please please can anyone help with advice? Is there any way I can prevent losing my home? There appears to be no hearing I can attend at court as the request by Northern Rock is to activate a dormant prior ruling. I really have no idea who I can turn to now. Thankyou
  8. embarrassing to be back but hoping ellen or some one can help...not sure how to upload my previous thread..mods if you can assist please or i can continue as per below i posted about 10 months ago... in a surprise move, after the judge ruled against me (4 previous evictions suspended) Kensington dropped demands for a lump sum (46k arrears now) and cancelled eviction - as ellen advised me at the time, '' Kensington have an outright possession order, which means they can apply for a further warrant of execution ''. This is what they are doing now. i kept to payments from the date of the last arrangement (january 2012 for 6 months, then missed 3 payments and then made the monthly payment in oct - action to apply for the warrant of execution has now been started by kensington - i am just waiting for an eviction date. they have applied to the local; court as of 16.11.12 (romford) just as a reminder, we have had a family breakdown due to the stress and care for my disabled son. this is the first year that we have had some level of stability - it has taken us years to get the care package we need to enable me and my wife to work full time. the latest default was due to extra cash payments that we made to carers - this has now ceased due to the extensive care package. i have only disclosed this to kensington in the last few weeks. if i lose the house, my son goes into full time care. no chance of getting the same package transferred - it has taken 6 years to get to this point. my mortgage record is appalling but the last 10 months has seen 7 payments. not good i know but some evidence at least. the bottom line is that they rightly view me as an horrendos account, arrears, not maintaining arrangements. i have managed to get some dialouge going with a member in their referral team. he has all our income/exp details - details of affordability have been noted but they point to my record. however, it appears ( i may be deluded) that they have left the door open for some lump sum offer. i can make payments due to commission which clients are releasing early (6k). i am not sure if this is enough and i am unsure how to now make a last bid to save our property. do i offer as a lump sum or say 2k per month on top of monthly payment for a 3 month period(the last arrangement was monthly payment 1536 plus 250 towards arrears) ? as stated, ellen assisted me greatly at the start of the year - hope there is still a chance.
  9. We have received an eviction notice from NRAM, arrears stood at £3200 but I have made a payment on Friday and reduced them to £2,700. When we received the eviction notice, we rang NRAM, who have made us jump through hoops by sending payslips, bank statements etc. Our monthly payment is £1100 and we have offered to repay arrears with an extra £260 every 4 weeks (I get paid 4 weekly). They have now accepted that they have all the info they need and have agreed the plan, providing we reduce our arrears to two months worth of arrears (A payment of £600), which we can just scrape to. This offer was in a telephone call. My question is this: If we pay the £600 will they actually stop the eviction? As there is nothing in writing, I am concerned that they may play silly buggers and take the cash and then proceed with eviction. Or should I submit an N244 together with I&E sheet, statement of why we have arrears (I was dealing with my father who has terminal cancer and I witnessed a suicide so had mild depression and things just got on top of me). Any help would be much appreciated. And yes I know I am a fool to get into this situation Thank you ina dvance
  10. Didn't know whether to start a new thread or continue with my previous thread, (my apologies if I am posting incorrectly), on Friday teatime we received an eviction date for the 30th October, we called the mortgage company, (who refused to come to an agreement until a date was set), and was told that they would not be perusing the matter and would instruct their solicitors to write to the courts, we have asked for a letter confirming this. What concerns me is the attitude of the company, they were not even concerned about coming to an agreement for the arrears(£2400), and told my wife that as long as we maintained our normal mortgage payments they were happy and hoped we had learned our lesson, and should it happen again they would not be so lenient. Their attitude has left us concerned. How long should we wait for a letter or should we complete a N244 form? Also does this order renew the original order, (taken in December 2006), or will it still expire in December this year?
  11. Hi All, Here's a quick explanantion of my enquiry: Rented a house under contract for £2,300 a month. Wife asks me to leave her and kids and moves in new boyfriend. I write to landlord give two months notice to leave and move out lasy 30th April. I pay rent until end June. Landlord confirms receipt. Estranged wife stays in house and hasnt paid rent since. I was in court yesterday she didnt turn up they served a summons on both of us but not to my new address they wont acknowledge i am not there. Judge says I am 50% responsible for the costs and the rent arrears. But he also said there was no longer a contract and didnt know how to structure the money to be paid to the landlord. He mentioned the eviction could be a case of tresspass then changed his mind and said come back in 21 days. My case is the landlord should have acted quicker to reduce the arrears and the court is delaying whch again adds ot my cost. If there is no longer a contract can I wriggle out of paying the rent I could argue if we had both moved out then the property may not have been rented out immediately. Im not sure how they assess their loss really Im clutching at straws I just want to limit my exposure. I havent got any money left now and lost my job so I cannot afford legal representation either. I will do a further statement with a character reference but im not sure what to write now. Mnay thanks for any detailed advice on my statement perhaps some case reference would help for me to quote where a contract has expired. Im the only honourable one here i even paid for the kitchen to be replaced as her dogs ate the base units. Ahh well. Regards Frank
  12. Was in Court back in May to suspend an eviction. Arrears of £2800, monthly payment of £498. Agreed to repay contractual payment plus £150 per month to clear the arrears and a £500 sum within 7 days. Paid the £500 on the 5th day. Paid £650 for the following 2 months. Then, Augusts payment was only £450. I paid £200 & £250 in seperate online banking transactions. We sent a £200 cheque, which was never cashed. This months repayment of £650 was made in 1 transaction on the online banking the day it was due. Then this morning received an eviction date of the 16th October. The mortgage is in my Mum's name, I'm her son and my fiance also lives here. We have a 3 week old baby too. We can comfortably pay the £650. We only got into arrears in the first place because I stopped working due to illness. I'm fine with the income and expenditure bits, and the rest of the N244. But could someone help me with a statement please? We have nowhere else to go and it seems rediculous that the bank (Leeds Building Society) want to evict when we can pay. I was quite confident that the judge would be kind the last time we went for the N244 hearing. I'm not so sure this time. I have a family member I could approach to borrow some money to clear all the arrears. Is it worth me taking a statement from them with proof of funds (A bank statement) in case the judge will not accept us continuing with the £150 per month towards the arrears. Thanks everyone for your great help!
  13. Hello there , Hopefully in the right place ? I would really appreciate any advice re: Eviction. I assume the property I am renting is not privately owned, and is owned by a HA..... I did a mutual exchange from a Council property to HA and was only given a sparsely worded Tennancy Agreement and known as the Assignee. Any way cut a long story short, I was taken to court in 2009 for rent arrears £1,000. approx and ordered to pay £20. wk on top of rent. Subsequently, I managed to lower the arrears owed to £84. in 2 yrs, despite recieving £10.17 mth HB, on part-time wages, and £700. per calendar mth rent charges! I was refused HB and an AOE was placed on my wages as I worked for the Local Authority. The Bursar failed for 4 mths to deduct this & to inform me that I had been on BR Tax for the previous 2 yrs. She had also been underpaying P/T staff for the 7 yrs she was there !! She disappeared off shortly after. This left me with even more debt owed to the Local Authority and HA. I was then sacked from my job with the Local Authority (school) in May this yr, have not received my P45 and have been unable to claim benefits, or HB. I have been in touch with CAB, Legal Advisors, Legal Aid Solictors and the Council to understand why so many problems....but to no avail. Went to Court and had it set aside for evidence....These being repairs.... a) 20 yr old Gas Boiler with obsolete parts, b) 6 yrs of requests for kitchen repairs, c) Substantial cracks to ceiling running through to next door from 4 yrs ago, d) Cracks to outside of property walls, e) Uneven and dangerous patio slabs in garden above 3 inches, My current arrears seem to be £3,400 approx now, although this is disputed with my own calculations and differing rent statements recieved from HA....(have ALL receipts and logged payments since 2010), including photos of repairs.... Unfortunately, have to represent myself as I cannot get any Legal help whatsoever, and was asked if I had "upset" anyone in Council....NO not that I know of, but have an uncomfortable history with them.... Ideally I would like the repairs carried out and the arrears reduced or cancelled, on the grounds that I have been constantly badgered with calls, texts, threatening letters (re court and Judge not denying eviction) sarcasm of "austere times", all of which have been logged in my diary.....can anyone advise or suggest my chances of succeeding ? Thankyou.
  14. Hi need help, (if possible), my mortgage company is applying for an eviction date to reposess our home, they took out an order for possession in December 2006, which was suspended and we cleared the arrears, but over the years we have fallen behind with payments, and always caught up. The mortgage company got an eviction date before, but we managed to clear the arrears, (at the expense of other bills).But on this occasion we are not in a position to clear the arrears if the eviction date is less than 8 weeks away. The mortgage company says it cannot come to an agreement with us until a eviction date is set and told us not to worry, their own solicitors have said they are doing this because in December the original order would be squashed, and they applied for the eviction date, on the day we fell 6 months behind. The irony is a few week ago we had a letter from the mortgage offering to merge the arrears as we had made regular payments, (but finances hit a rocky patch), and we have offered to bring payments back up to date. Reading some of the forums I'm not sure whether a N244 form would help me. The arrears are £3000, I owe the mortgage company £99000, and my home is valued at £184000>£204000, and we had planned to put the house on the market in January. Any advice would be appreciated, me and my wife are very stressed about this and don't know what to do.
  15. Hi Everyone, I’ve come on here to see if I can get some help as my landlord carried out an illegal eviction 3 days ago. It’s a long story and I’ve tried to include as much detail as possible so my apologies for the length. I think this is a really serious case of harassment which has concluded with the illegal eviction but I know I’m going to be biased as I’m emotionally involved with it and so I would welcome anyone’s take on it all. Background. We’ve had problems with our landlord ever since we moved in as he failed to protect our deposit, promised it to return it to us (I sent a written request basically saying either protect it or return it) and then broke that promise. He has now eventually protected it however he has ignored all my requests in writing to provided with my prescribed information which I have never received. We was stupid enough to view the property and sign the contract when he was working on the house and he promised us so many things would be done however when we moved in we found that no of the promises had been kept. We were even told new carpets would be throughout however when we moved in we found that he had put the old carpet back down which was previously outside the property. It was saturated in animal urine from the previous occupant which meant that we had to buy new carpets for everywhere. He has persistently refused to put right what he had originally promised. In fact some of the problems were quite serious and included problems like toilet not flushing, water pouring from whole in kitchen ceiling when bath is run, lock not working on rear door and much much more. Anyway, we made several calls to him asking for them to be done but he still refused and then, in our last telephone call we had with him he told us that we should basically think twice before upsetting the landlord. It was at this point that we stopped all verbal communication and switched to written; this was back in April last year. Since then (April – Present Day) things have got really bad, and weird!!. He now drives past our house at least once a day, every day (it’s a quite side road and nowhere near his home which is in a different town). As he passes he slows down to about 2 or 3 MPH and stares in as he goes past. Luckily, since this started back in April, I have been in constant contact with shelter (updating them about the case, making sure it’s all on record) who have been giving me excellent advice.. One of these tips were to get a webcam and record everything, which is what I did and so, all of this driving past every day at a snail’s pace has been recorded and logged. Could anyone advise if the above would be considered harassment? Recently, he served a section 21 notice on me which I have challenged due to no prescribed information being supplied (We now have a court date for Nov 1st for the section 21/possession hearing). Since I have challenged this things have gotten even worse, he now has followed my wife and elderly mother in her car and we have found him parked up a side street with his engine off watching the house. Anyway, as you can imagine we are really scared about his behaviour as we were constantly having to make sure one of us was always in the property in case he tried to come in (we suspect he has done in the past but can’t prove) and so we decided enough was enough and found a beautiful new property. Our plan was to slowly move out of this property over the month and when all valuable and personal items were in the new place we could then give him our notice as the last thing we wanted was for him to know that the house would be empty at times as he may try to come in. So we had started to move some small items on the 3rd and 4th of October. On the 5th after one of the journeys between the new and old property, my wife discovered that he had been in and changed the locks, preventing us from getting entry to our other items. I have managed to get in touch with his solicitor who was dealing with his section 21, and the landlord is now trying to claim that he had a right to do this as the property had been abandoned and is now refusing me entry. His solicitor is saying that we can arrange an appointment at his client’s convenience to collect our items but we will be supervised. His solicitor is also saying that the state of the property was uninhabitable.. Its true, it was. But that's what we’ve had to live in because he never did anything to fix any of the things. I can prove this as I have been constantly sending letters to him and his solicitor listing all the problems the house had. I obviously have copies of all of these. I also have letters back off the solicitor acknowledging these letters I sent and saying that “they will pass on the contents to their client”. Can anyone help with how i can prove the damage was not done by me as it seems that what hes going to try and do.. Are my previous letters enough proof? Back to present day So now im having to argue against abandonment although shelter have already told me that there is no way he can claim abandonment, heres why. He or his solicitor never contacted us in any way even though they both have my tel No, postal address and email address. Rent is still being paid No warning was ever given saying he suspected the property of being abandoned and asking me to contact them Neighbours were not asked; in fact I have spoken to our neighbours who are all happy to give statements saying that we were still living there. Actually, the night before we had the neighbour’s 8year old round as I was spray painting his skateboard for him in our garden. Property was lived in with food in cupboards, watered plants, no build up of post or newspapers (we have papers delivered) Also, while my wife was there on the 5th, she actually noticed him parked up in the side street watching the house, by now she knows the drill so she grabbed her phone and started to walk towards him in his car. As she did this he drove off passing her in our street, she then managed to take a picture of him, in his car passing our house. This same picture also clearly shows our house with the windows wide open, bin bags outside waiting for collection and a kitchen fitters van at our neighbours help, which was only there on that day and so it dates the photograph. I think that this can clearly prove the landlord had absolutely no reason to believe this was abandoned and so would have had no right to enter the property however I can’t find any sold law on this and would welcome anyone’s opinion here. Just a bit more info Since this has happened we now have our own solicitors on the case but they can’t get us in till the 12th October so no movement their yet. I have also been communicating with the councils Tenancy Relations Officer, as advised by Shelter (Apparently these council officers have the power to prosecute a landlord for illegal eviction) but she is absolutely useless!! I know that sounds ungrateful but when she started off by telling me that illegal eviction is not a criminal offence my heart just sank. Apparently she has negotiated with the landlord and is meeting him at MY HOUSE on Monday and im not allowed to attend. She says that she is going to try and the keys for a couple of hours so that she can supervise us removing the rest of our things. After this she will then return the keys to him. I also asked her about prosecution to which she replied.. “Oh Noo, I don’t do that mate”! I've told shelter about this and they say that they have no right to stop me attending and that I need to complain about her... Again, any advice here as I don’t know what to do. So, welcome to our nightmare.. Ive read so much great advice here in the past and im hoping that there may be someone who can help, I know it sounds daft but at the moment my wife is in hysterics and I feel completely powerless so, if anyone has any ideas at all I really really welcome some input. Thanks everyone, Have a good day
  16. We have a suspended order with Nat West. We fell behind with the payments in March and received an eviction notice for the beginning of July. We completed an N244 form but when we went to the courts to hand it in we where told the eviction had been cancelled. We didn't received any notificate of this and it took quite a few emails to Nat West's solicitors to get a response - we finally got a copy of a letter saying it was cancelled because of the computer problems that Nat West had been having at the end of June. We caught up with the payments at the beginning of July and also made the monthly payment as normal at the end of July, the next is due the 28th August which will be paid on 24th. On 6th August we received a letter stating that they are going for an eviction, we have the date of 31st August. We telehoned Nat West only for a very automated response - "we missed a payment in April, they will not listen to the fact that we are now up to date.I cannot get any response from emailing their solicitors only that they are contacting their clients. We now have another lette rfrom the solicitors stating that they have not had a response from us about clearing the arrears (the full amount or nothing). This is since the telephone call to nat west and e-mails to the solicitors. I know that we missed some payments but surely they should take into account that all payments are now up to date. I am going to complete a N244 form and take this to court tomorrow I just need a bit of help in wording the statement to attach Thanks
  17. After getting my original eviction suspended in June I was given 6 wks to deal with HB, and of course they interview me 10 days before my next court date with no resolution, i had a solicitor with me,who felt it wasmore of a fishing exercise. Fast forward to 2nd August and the judge refused to suspend agin,so my eviction date is for tommorrow, we go to court agin today after filling in a N244 form and SHELTER are representing me, we felt we had good grounds and even better I got a job starting on Thursday which now gives me the ability to pay, unfortunately we didn't have the conformation letter, because it was sent late and i had to be in court at 9.30 so no post. The judge was basically uninterested and we were in there for about 5mins he wouldn't listen to my change in circumstances in fact didn't address me at all. Shelter then advised that I submit another N244 form stating the new change and the evidence which i duly took in,the judge said take it to the circuit appeal judge at another court, even though the eviction is due to take place at 10am tommorrow,so i'll be going to Chelmsford about an hour away at the silly o clock to see if i can get an appeal. Shelter said I need to fill in an N210 form, stating my reasons ,has anybody done this, I'm going to leave a note on the door just saying going to file an appeal do not enter as surely the bailiffs will not as they don't the outcome if I will even get the appeal which Shelter seem to think will be the case(they have now closed my case) though they did say they are unfamiliar with this process. Is it worth going and again has anybody done this...be will around most of the night inbetween bouts of packing, surely with now having a job that would helpmy case not hinder it.
  18. Hi could anyone please help. I am over 2 months payments late on my mortgage which has a suspended possession order. Both me and my partner are self employed. We were paying £550 plus £ 200 towards our arrears. Unfortunately my partner wasn't paid from a job and we couldn't make the last 2 payments. We have approx £3000 in arrears plus £2000+ in charges. Offered them £1200 and wanted to make a new arrangement but they wouldn't accept less than £2000 upfront. I have an eviction date of the 21/8. Receved today the form from the court to try to have it suspended and would really appreciate some help. Thanks
  19. Dear Ell-Enn, I got your details after carrying out some research on the Internet and various forums regarding the same predicament I find myself in, with a Notice of Eviction due on 6th September 2012. Detailed below is the full synopsis: On the 25th of June 2008, I purchased my current residence via an interest only mortgage obtained through Santander Bank. The total property was valued at GBP 387,500 and the mortgage was for GBP 343,000 Monthly payments were consistently paid for 2 1/2 years until I ran into financial trouble as a result of high hospital bills for one of my family members resulting in arrears to the tune of GBP 15,000/- As a result of the arrears, I attended a Court Hearing in early December 2010 in which the judge issued a Suspended Possession Order provided the mortgage payment of GBP 1315 + an additional GBP 100 would be made payable to Santander against the arrears. We, my wife and I, both joint owners of the mortgage continued to make consistent monthly payments of the mortagage + arrears ensuring we were never late or fell behind. Inspite of being made redundant in December of 2011, we continued to make our monthly payments until all our savings dried up. I have not been able to make any additional payments since June 2012 which has only resulted in an increase in arrears. I am now in a situation where I have been issued with this Eviction notice but yet firmly believe I am in a position to repay the arrears and continue to meet my monthly commitments provided I be given an extension on repayment. I have now been offered a position as a UK representative for a USA firm and will commence employment on 1st October 2012, with an annual salary of GBP 35,000/- My wife is in part time employment, works 24 hours a week, and receives an annual salary of GBP 28,000/- > Further to my wife and me, we have two children, one aged 10 and the other > 3, both who are on the "SENCO" (Special Needs Register for Children) as > they are both diagnosed with Asperger's Syndrome, which is on the Autistic > Spectrum. Furthermore, my mother, a retired Pensioner of 75 years with > lower level Disability, also resides with us. > > Although the notice of eviction is dated the 3rd of July, it was only sent > in the post on the 3rd of August and another copy was personally handed > over to us on 14th August. > > My current mortgage payment is GBP 1215 and this would not include any > additional payments towards the total arrears of GBP 15,000/- > > I have been speaking to all my family members for support and the maximum > I would be able to offer the court/bank in payment towards the arrears > would be a one off payment of GBP 5,000/- with a commitment to repay the > rest over an extended period of time. > > I did try to seek legal advice but was informed that due to the value of > the property I would not qualify for legal aid but the solicitor did > mention to me to research on the "Norgan Calculation" and mention this in > the N244 form. > > I would appreciate your advice on how to proceed. My entire family are > very distraught and are looking at me for solutions. > > Any advice you could provide me would be highly appreciated. > > > Kind Regards, >
  20. Hello everyone, I would very much help appreciate any help/advice on the following: Had a suspensed order imposed on my house in Sep 2009 due to arrears. Since then I have maintained payments up til May 2012 when I then missed 2 months payments. I recieved 1st Eviction notice dated for 13 June 2012. I subsequently managed to make this payment on 14th May 2012 and the eviction was stopped by Hamlins c/o Santander. I then missed the June payment (due on 30 June 2012) and received a letter dated 20th July from Hamlins stating they had applied for eviction. I immediately paid the amount due to bring things back in order. Hamlins have however not stopped the eviction (due on 14th August) and have stated the only way to do this is give them 4 months payment in addition to normal payments before 14th August. I have given them my budget/costs and told them I am incapable of giving this amount. The background to all this is that my father had terminal cancer and was in palliative care at home. I had to take unpaid leave to help look after him and thus the first eviction notice came about. I resolved that through friends/family helping to pay off the missed payment. I informed Hamlins about this personal situation at the time. My father died on 20th June 2012 and I was going through a rough patch and missed the payment due on 30 June. The first correspondance I received after this point from Hamlins was the notice dated 20th July that they had applied to the courts to evict. I am at my wits end and Hamlins have made clear they dont want to know - its 4 months payment or bust. The fact that I have made overpayments literally every month since 2009 and that I have a secure job and can afford the repaymenst have fallen on deaf ears. Sorry for the long post but your advice is greatly appreciated.
  21. I've been given an eviction date of 18th August 2012 and this is my 3rd THe second was suspended after I secured a new job but a couple of months in, I fell ill with an ear infection that affected my balance. Because of this I had to bee off work for a month and had to take unpaid leave due to being on probation. I've been advised my HBOS that a minimum of £1829.91 should be paid in order to cancel the eviction and that this isn't negotiable as it's the 3rd. I've made 2 of my contractual payments since the eviction was ordered and although I've explained the situation - it seems I'll need to go to court. Could you please help me with this as I need to file an N244 Also - my partner recently qualified as a physio and will now be able to help with the household bills where I've been paying them myself. Will this be taken into account?
  22. Hi guys maybe you can help me out with what seems a hopeless situation The house was bought in August 2007 so it's been roughly 5 years, in 2009 the first court order was suspended and payments were kept until then, and then following payment problems in 2011 the next eviction order came through in December 2011. This one was suspended following a hearing and we realised we're on thin ice but following recent problems with me losing my job due to health problems and delays in processing the mortgage help from Income Support Allowance we are behind £500 on May and a further £1000 for June, which resulted in a court order being served. I have three kids who are all dependent on me and the mortgage is in my wife's name. We have kept in touch with Hamlins who are the solicitors representing Abbey (now Santander), and their advice was to explain these problems in the witness statement. What worries me is the fact that it's the third time and the court isn't going to be as lenient, what are our options? Thanks in advance.
  23. Hi I hope somebody here can give us some advice if possible, we have been served an eviction notice for the 1st August after a long drawn-out battle with the landlords over a leasehold my family has owned for 30 odd years, the original issue was over a sublet breach which was rectified about 6 months ago but the landlords continued to pursue a forfeiture and so on.. basically we have had enough and are no longer fighting to stay, but we have only been given just over a week's notice to leave. Following advice we've been given we are filling out an N244 to try and postpone or delay the date we have to be out by, as its a leasehold and a mixed heraditament (sp?) there is a business as well as a home to clear out. I'm desperately trying to find some help in filling out Q3 and Q10 where we lay out our reasons for our order request. As I understand things, we can ask to postpone the warrant/notice but I don't know if "needing more time" is a legitimate reason a judge would consider?? My father who is the leaseholder has been ill and recently had an operation, as well as this he is having a council housing officer meet him on monday so he can get somewhere to live. Would it be reasonable to ask for more time based on these reasons, as my father is ill he is going to need to get help to vacate his belongings (30 years is a lot of stuff!) Thank you so, so much for any advice you can give, its hard to keep positive when we feel we are being persecuted like this, sorry to keep mentioning it but THIRTY YEARS of owning a lease and we are getting thrown out because we don't have the money to keep fighting it in court and paying barristers!! We are so grateful for any advice that may help us.
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