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Found 176 results

  1. Hi, I apologize in advance but this is going to get long winded... I have just returned from an eviction hearing and I could really do with some advice on how to handle some of this. It was a rushed application because I was away from home for three weeks and the warrant was waiting on the door when I got back for the 1st of March. I submitted an N244 yesterday and had a hearing today and the judge suspended it for the time being as there are quite a few things about to happen and hopefully the loan will be paid off sooner rather than later. I was instructed to make a payment by tomorrow towards some of the arrears and I will do that. Ok here is where I need help. I think I submitted completely the wrong defense but the judge ignored it and pulled up a few things. I was told that the mortgage was a second mortgage, and was bound by the Consumer Credit act (?) and the terms were completely different to the first morgage which is governed by MCOB They are claiming that I have to pay the £2500 arrears on the loan AND the £9500 worth of charges that have been added to the account. The judge stated to the solicitor that the charges were excessive and should be looked at by the company. He also said that it should be addressed by the court and that he was suspending the eviction if I can pay back the £2500 owed by the 15th of April. I have all ready paid off £500 towards this figure. Now my question. I really didn't understand what the difference between the two types of mortgage are, I thought that they were governed by the same body. But I have been assureed that its completely different as the mortgage is governed by CCa (?) think this is right. If the mortgage is goverened by a different body does this mean that the charges are unfair and I should try to clam them back and how do I do that... and can somebody please explain the difference between the two kinds of mortgage. thanks in advance Lynne
  2. Hi all, I have received an Eviction notice (notice requiring possession under Section 8 & 21 of Housing Act 1988) (in fact several during the last 6 months but they were wrong and a correct one just a month ago) from my landlord. In the letter I have two months notice to leave the property (deadline is 28 January 2012). I have a one year Assured Shorthold Tenancy Agreement that will end on 29 December 2012, but I have not found another accommodation due to my sickness. When I went to see a Citizen Advice Bureau, they have told me that it after the given deadline I still in the property the landlord could sent me to the court and I will have the opportunity to to give my point of view to the judge: the problem is that the landlord could mislead me or her representative (other tenant) could destroy the notification letter from the Court so I could not attempt the trial. Also, I would like to know if I should send a form 244 to the court by today or if it is better to wait for the Eviction court hearing. Thanks in advance for your help, MoonTop Ps : The landlord had tried to unlawfully evict me several times few months ago. My rent payment is presently up to date but I had two weeks delay during the last 10 months due to the Housing Benefit payment delay.
  3. Hello there, I would be grateful to receive some assistance as I am at my wits end. I made an application to the Court for an appeal to be heard by a Circuit Judge. This application was based on my application to suspend a warrant of eviction being dismissed by the County Court Judge in November. My appeal application is still being processed at Central London County Court. However the mortgage provider has gone and secured a new date for eviction prior to the appeal being heard? Is this normal and can I contest this? I eagerly await a response. Thank you in anticipation. Regards
  4. Hi everyone, I am being evicted from my flat with my husband and our child. the past two months have been a rollercoaster of emotion for us and I'm not sure how im going to cope,but life goes on and I'm doing the best I can. I havent got the eviction notice yet but recived papers from te courts yesterday-which I think is a defence form and a few other forms just explaining the landlords details and somthing about a possesion order. We are both working, we have low wages but we have always got by, now we cant afford to move out, we spoke to our local council, where we had an appoinment with a housing opitions officer who put us on a deposit scheme, where you can apply for properties with no deposit/rent in advance, but all these properties are atleast 10 miles from our area. When I asked her if she had anything closer she said no and that I was being unreasonable by not showing intrest, I told her I had difficulty to be interested in an area which is 10 miles away from my sons school my and my husbands work and also my university, we have no transport etc I just really want to hear from anyone who is going/has been through the same? thanks
  5. This is my first post. Unfortunately due to financial difficulties about two years ago because I did not have a job, I fell behind with my mortgage payments. The arrears were over £6000 and Chelsea obtained a possession order, suspended on payment of £100 per month in addition to current rent. I found a job and maintained payments as ordered. Unfortunately, I was unable to make the December 2012 payment because I had some financial problems which needed sorting out. Late last month Chelsea's solicitors wrote to me stating that they have applied to court for eviction date. I then paid the December payment and confirmed I can make the January payment by end of this week but they are insisting on payment of at least £2500 (half the current arrears) before they would suspend the eviction. I have phoned both Chelsea and their solicitors several times pleading with them to agree to cancel the eviction on payment of the January instalment (I even sent them last week a full statement of my income/expenditure showing I cannot afford to pay the amount they are demanding) but they have refused. Now I have received an eviction date for 19 February and I have been advised by CAB to apply to have the warrant suspended, but I have no idea how to do this or any confidence that it would be successful. They cannot help me because I'm working. I am very worried sick about losing my home. I know my financial problems are now behind me and I can maintain the normal monthly payments as I work full time, but I cannot afford to pay the amount Chelsea are seeking from me at this time. Can you good people please give me some advice?
  6. Hello, I received a notice of eviction with a date set for 14/1/12. My arrears stand at £7000. I have contacted my lender with a payment proposal of £3500 lump sum and £32 per month towards arrears. The lender has refused. I am really worried about going to court because I defaulted on the original suspended possession order. I am in the process of completing the N244. Any help/advice on this will be appreciated. I am also thinking of lodging a claim against my lender for a refund of mortgage arrears and returned direct debit fees. Has anyone had any success reclaiming the fees? I initially raised the matter with my lender in Feb 2010 and so I think I only have a month to try and claim them back - the guidelines say you can claim within 3 years from when you find out that you can claim.
  7. Hi everyone, I'm new to this site so please forgive my lack of knowledge in advance of abbreviations, "lingo" etc etc, I'll try to learn as quickly as I can..! My mortgage for my home is with Oakwood Homeloans Ltd and they were given a possession order in December 2010 and they have sent a bailiff around just before Xmas 2012 with an eviction notice for 1st Feb 2013 on the basis I am in arrears on the court appointed arrangement. There is an awful lot of history with my mortgage that has caused all sorts of problems and I will try and outline some of the main points which will hopefully be able to shed some light on the situation for anyone willing to offer some advice... In 2009, without my knowledge, agreement or any discernible reason, Oakwood Homeloans altered my mortgage from a standard 'homeowner' mortgage to a buy-to-let mortgage and increased my interest rate by 1%. They claimed their reasoning for this was that they had a letter they sent returned by the post office with 'Addressee gone away' written on it. When I later received a letter telling me they were about to increase my mortgage interest rate and therefore increasing my payment by about £90 per month, I phoned them up to find out what on earth was going on and to let them know that I live at the property (single father with sole custody of my daughter... Mortgage joint with ex-partner though, but not had sight nor sound of her in about 4-5 years). I also let them know that I'd always lived there since buying it and it had never been rented or unoccupied. Oakwood Homeloans stated that it was now "too late" for me to just tell them this as they had sent me several letters to ask whether I was renting the property and that was not allowed under the terms of the mortgage without their consent. I informed them that I had not responded because I had not received any such letters, I went on to explain that the post in the area was particularly bad at that time and it's not beyond likelihood the letters had gone to neighbouring address as I regularly received post for various neighbours (This was a well known fact in the area at the time, when I spoke to my local post office, they said they'd had several reports similar already but couldn't do anything about it without proof of stolen post etc etc). I asked for items to be sent recorded delivery in future if they were going to take such drastic action based on such lacking information. As I'm sure you're already guessing, they simply said this is not possible (I made this request across numerous phone calls with them and in writing... still refused). Anyway, the point is.... They said it was now too late just to tell them I lived there and I now had to send them proof in the form of a council tax bill and 2 utility bills. I thought this was ridiculous but agreed on the basis they sent first sent me written confirmation that they would agree to my charge of £50 for doing so and the waste of my time (The cost of an hour's labour in my line of work). The lady on the phone didn't agree or disagree, simple "avoided" it, despite my best efforts. So I refused on principal to send such information to them without this agreement to pay my costs for doing so. I asked the lady where in the terms of the mortgage I was required to do this but she couldn't tell me (having read the terms in full, there is no reference in them to such a requirement). Furthermore, there is nowhere in them that states they could change my mortgage to a buy-to-let product in the way they had.... This was also pointed out to them at one of the court hearings in November 2010 (and there advocat also agreed he couldn't find anywhere where it stated that they could). So, this meant that because they never agreed to pay my charge, they shortly after switched my mortgage to a buy-to-let, despite my objections and subsequently increased what they wanted my mortgage payment to be by approx £90 per month. At the time of this occuring, I was in arrears with my account to approx £3,600. With the extra £90, Oakwood were saying my payments should now be about £815 per month instead of £725. Previously, I had already agreed to up my payments to £850 per month to clear the arrears, paying off £125 of it each month. Obviously, as soon as they increased interest rate and payment to £815, this meant I was only paying off £35 in their eyes. I had many more phone calls with them and after a few started to insist they were forcing me to pay towards a mortgage product I had not requested or agreed to and that unless they changed it back I would stop making payments until they do so, as I am not going to continue to pay towards a product I did not 'buy'. At this point I had paid £3,400 during the period they had changed my mortgage and again on several calls to them, insisted that I considered this as payment towards my arrears of £3,600, leaving my total arrears at £200 and that as they have me on an un-agreed buy-to-let mortgage, they must have put my actual mortgage into suspension (as I was unable to make payments which would be considered as being towards this during this period.... Had I paid £725 during this period, they would have considered this an underpayment and charged me for that fact rather than accepting it as my actual contractual payment). On the phone, they never really offered much comment to this and the response to my written complaint was simply to demand the utility bills again. Eventually, in Feb 2010, they sent a representitive from a debt management company who's original intention was to go through my finances etc and look at coming up with a solution to the reported arrears to him by Oakwood Homeloans. Once I explained the situation he saw no need to go through finances etc as he could clearly see there were issues with the account and he also kindly said he would confirm back to Oakwood that it was absolutely clear I was living there. Not until september 2010 did Oakwood Homeloans finally concede to the report given back to them by this agent and even then, they said they would refund the extra 1% loading but only backdated it to April 2010 (2 months after the agent had visited me at home). They kept insisting for any more 'backdating' I would still need to provide the utility and council tax bills, to which I kept insisting I was happy to do once I had received written confirmation they would accept my £50 charge for my time and inconvenience of having to supply this. Again, I never received this confirmation. I also insisted that I did not accept this 'backdating', as I read it, they has changed my product to one not agreed by myself (In the terms and conditions of the mortgage, they refer to the buy-to-let mortgages in a way that they are clearly treating it as a different product to the standard mortgage and not as a standard mortgage with a 1% interest rate loading as they kept trying to refer to their actions as). Furthermore, when they eventually returned the mortgage back to the standard product, instead of my basic monthly payment being £725, it was suddenly £740 per month due to them having carried out a recalculation at the time of 'altering' the interest rate... So for their mistake of increasing my interest rate (and carrying out a recalculation based on the outstanding balance of the mortgage) and then putting the interest rate back to the correct one (and then carrying out another recalculation based upon the outstanding balance at that time, obviously inclusive of all the additional charges/fees etc they'd added), I am now being charged an additional £15 per month. I have argued this with them, but everyone I speak to doesn't appear to understand the basic mathematics of this and the concept that they made an error changing the mortgage product and are charging me an extra £15 per month for this error of theirs. If they hadn't made this error, no recalculations would have occurred and my basic monthly payment would still be the £725. Moving forward, they then applied to court for a possession order based on arrears of approximately £11,000 by this point (as I'd continued to refuse to pay for the period they had it listed as a buy-to-let mortgage). I went to court arguing an arrears figure of approximately £4,500 based on my understanding of my mortgage being suspended whilst the product had been changed and the court agreed and stated this as the arrears figure within the judgement (This had jumped up from the £200 arrears I previously mentioned because towards the end of the period they had it as a buy-to-let, I had a change in circumstances which resulted in a reduction in income and I therefore hadn't made a number of the payments due after they 're-activated' my actual mortgage product. At the time they applied to court, the arrears figure by my calculations was about £1,200 but by the time of getting to court and a ruling, the arrears were approx £4,500 and I accept I had made very little contributions to the monthly payments during that period). Anyway, as I said, the judge accepted my figures, as well as my reasoning for the monthly contribution beign £725 rather than the £740 they claimed and had a bit of a go at their advocate, who had also agreed he saw nothing in the terms of the mortgage that allowed them to take the course of action they did. They were also ordered to provide me within 7 days of the relavent Ombudsman details of who to complain to about the treatment I had received. Since the judgement in December 2010, which was for me to pay my £725 per month towards my contractual monthly amount and £125 towards the arrears of £4,500, totalling £850 per month, I kept up to date with this. My decline in my personal income was overcome by me going self employed (previous problem caused by the company I worked for going under, leaving me with unpaid wages that I couldn't recover), so I was now making the payments ok. From April 2012, things with my business have been quite difficult and I started to struggle to make the payments, ocassionally missing the date I had to make payment by, but then I would make up for it by paying a few weeks later than I should or on 1 occasion, paying double when the following month was due. Most of these recent income problems have been caused by customers being late paying me and me all of a sudden I was finding it a lot more difficult to get paid for some of the work I was doing. Obviously, this was having the knock on effect that I was being late with my mortgage, but to my knowledge I was always catching back up with where I should be. Because I was speakign to Oakwood Homeloans every month to make the payments, they were fully aware of the situation because they asked every time what the reason was and to some extent they appeared to be understanding of this. Then in December I was coming up to being about 5 or 6 weeks overdue, so technically 2 payments were overdue, one by 6 weeks, the other by 2 weeks. At this point I had a knock on the door from a bailiff of the court with an eviction notice for 1st February. To say my heart sank is an understatement! At the same time furious that all my grievences are simply washed over and ignored by them... Since the court judgement in December 2010, they continue to state my arrears as approximately £11,000 on all the correspondence they send me and still insist the contractual monthly payment is £740, so are only deducting £110 from the arrears figure (if that because there figures still don't add up by over £1,000 between Dec 2010 and now). By my reckoning, since December 2010 (24 months ago), I have made 24 contributions of £125 towards the arrears, so by my figures, my arrears would be £1,500. According to Oakwood, in December 2010, the arrears were £11,360.60 and as of today, they claim they are £11,183.70... Work that one out... A reduction of £176.90 (I used the exact stated figures here as have them on the paper in front of me from Friday's phone call to them). Before Christmas, I sent a cheque to them for £1,700, which I again believed brought me back up to date with the court appointed payment requirements. The reason for my phone call to them on Friday was 2-fold. Firstly, I'd spoken to them a week or so earlier stating that I would call back on this Friday to make a further payment of £850, i.e. the payment due at the beginning of this month, therefore again being up to date and secondly they were nattering me to complete an income and expenditure form, which was highly annoying, I kept insisting there was a court appointed amount I have to pay each month (£850), but they said this is irrelavent now because I had been late with payments and they therefore needed to do an income/expediture form to be able to assesss the affordability and then they could put this to their credit managers who would make a decision as to whether this was acceptable... So, reluctantly I agreed to do this over the phone and I was therefore calling last friday to chase up the outcome of this as it had been over a week with no reply which I didn't find acceptable given the impending eviction. The lady on the phone put me on hold, spoke to the credit managers and came back saying they wont accept the payment offer of £850 per month until they had received and assessed 3 months bank statements and proof of income. By this point I was fuming and refused to give them this information. I stated I see no reason why they need to see bank statements to assess the affordability of this (they said they need to do this so that they are not putting undue stress on the customer... Funnily enough, I'm finding the impending eviction somewhat more stressful!!!). I've never needed to do this with them in the past, I've just told them what I can afford to pay to set up a repayment schedule (when dealing with my arrears before any eviction proceedings in 2010). I also have a secured loan with GE Money and there was a period when that was in arrears and again, they never asked for any of this, just asked how I was going to clear the arrears and then they inputted this. At this point I said that the £850 I was going to pay during the course of this call, I was not willing to do so without there being an agreement in place to suspend the eviction and accept the £850 per month. My reasoning was if I was about to be homeless in 2 to 3 weeks, I would need that money to try and set up somewhere else for my daughter and I to live. The lady on the phone was quite understanding of this, I suspect she could gauge how stressed I was. But it was also at this point she informed me that paying that £850 would not have brought me up to date anyway, there was an additional payment I had missed between April that year and now. I was sure she was wrong because everytime I phoned to make a payment I had it confirmed to me that the payment I was making had brought me up to date with the agreement. Having spent ages trailing through my bank statements, it does seem as though she is correct, but I just can't comprehend how they can continually misinform me like this! The lady on the phone was apologetic for this, but that doesn't really help my situation at the moment. So after all this, I am desperate for some advice if possible as to what on earth I can do??? My thoughts are that I approach the court directly and ask for a suspension of the eviction on the following reasons: 1. Oakwood Homeloans have not abided by the court order because they continue to harrass me, stating arrears of over £11,000 and an incorrect contractual monthly figure, despite being told different figures by the court (they have taken no notice at all of the court's figures in the obtained judgement). 2. Although I agree I am behind by £850 on the court apointed repayment schedule, I am not behind on the mortgage... Technically, since the court order of December 2010, I have paid £19,550 towards the mortgage. The contractual payments due in this period to today are £18,125. So I am only actually in arrears on paying the arrears. In this period, I have paid all the contractual payments plus £1,425 toward the arrears. If I were to pay the £850 I have to hand that I would have paid last Friday, that would be a further £850, bringing me to having paid £2,275 towards the arrears of £4,500. I am happy to have this payment available there and then at the courthouse at my suspension of the eviction hearing, so they can see me pay it right in front of them if necessary. Assuming I can then also get them a further £850 before the end of January and bring the court appointed payments bang up to date, then this would leave the total arrears at me having paid £3,125 towards them, leaving just £1,375 arrears still to clear on the court order, but being up to date with the payment schedule set out in the order of December 2010. My next step is also that I now plan to contact the Ombudsman about the whole way my account has been dealt with. I can't begin to describe the stress this has put me under for the past 3 years or so. With a young daughter, this weighs heavily over me everyday, worrying about her. I realise I would have been wise to contact the Ombudsman straight away when advised to do so by the judge back in December 2010 but I hate conflict and concentrated instead on just getting my head down and getting on with my everyday life of raising my daughter and earning the funds to pay my mortgage etc. I've been pushed beyond the point of no return though, with Oakwood Homeloans complete disregard for everything presented to them by both me and the court and simply trying to plough forward on their own agenda. My complaint to the Ombudsman will be based around the main part of this post (but in more detail... Yes, I realise this post is ridiculously long and waffly, but there's far more detail behind even what I have written here!), along with all the other evidence such as the letters I sent them, the responses received etc etc. But my biggest concern obviously is the immediate issue of the eviction on 1st February and trying to get this suspended. I would be very grateful for any advice on how to go about constructing my application to have the eviction suspended, should I include everything that's in this post or stick to purely the 2 numbered points above? Surely they wont evict someone who's actually paid all of the contracutal monthly amounts plus some of the arrears??? Well I'm praying they wont anyway!! I would like to offer my sincerest of thanks in advance to anyone patient enough to have read all of this and to offer me any advice they can. Having read a few threads before posting, there are clearly some absolutely champions around here!
  8. 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
  9. 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 ?
  10. 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
  11. 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.
  12. 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.
  13. 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.
  14. 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
  15. 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.
  16. 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
  17. 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?
  18. 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
  19. 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!
  20. 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.
  21. 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.
  22. 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
  23. 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
  24. 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.
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