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  1. Hi, I am extremely worried about the possible eviction. I have mortgage with Birmingham Midshires. I live in the property with my mother who is 68, wife and four children age from 1 to 6. Back in 2009 I had mortgage arrears for which court granted the suspended repossession order on the terms that I pay £100 towards the arrears every month. which I did. After some time the lender capitalized the arrears. After few years i got in arrears again but situation got worse because how the payment team at lender dealt with my account. I made complaint on 2 occasions. My complaint was resolved by awarding me the payment of £100 on one occasion and another time £250. February last year I was in arrears, I contacted the lender but ended up in dispute on the way my account was being handled. I complaint to financial ombudsman. They contacted me and lender few time. Until today i don't know the outcome. Now i have received a letter from court for hearing on 23rd Jan. The lender has applied to the court for the decision on to "The Claimant respectfully requests that the court make the following Order" "The Claimant permission to apply for a Warrant of Possession pursuant to CPR 83.2(3)(a) and that permission shall remain valid for 6 years from the date permission is granted". The arrears are around £13k. I am in a position to make ongoing monthly payment as well as substantial amount towards arrears. Can you please advise what the lender is asking the court? Are they asking for eviction warrant? I am very worried because if the y get the eviction order on the hearing on 23rd i have no where to take my children to. Please help how can I defend this as well as is this hearing for eviction? If so, how soon this can happen? Have i lost all now? Thanks.
  2. Hi there, Is it still possible to claim back excessive mortgage arrears fees that have been added.I plan to SAR,then work out what i have been overcharged by and send letter to claim back. Can i do this??? Cheers
  3. My partner has been informed he will receive an eviction notice soon not sure when but to get you to grips with stuff we went to court in November 2018 and got a suspended possession order for 350 a month that's 284 for the mortgage contract and 66 for the extra towards arrears which total to 1455 unfortunately due to errors with the bank and me having to go on maternity leave to due having our second son 3 months ago I've been on less income I've paid what I've been able to £100 last month and £200 on the 2nd may and I'm going to be paying £300 today as I cant pay the full arrears of to stop eviction I have a 4yrs old and a 3 month old that are settled in the home do you think the judge will suspend again please as I'm back at work I've been working for McDonalds now for 5years and have a secure job and work full time my total earnings are more than my outgoings spoke to Halifax on Thursday to make an arrangement and they said the couldn't because it had already gone back to the solicitor I did and income and expenditure and they even said I have a access of a couple of hundred pounds even giving Halifax the current 350 I pay payments will not be missed in the future as I'm now back earning just didnt want to lose my home with my 2 children I'm also gonna offer £400 a month if it goes to court to pay the arrears quicker what do you think are chance is I have been reading post about evictions on the forums and have a rough idea what may happen just wanted some advice Halifax have said they cant Come to and arrangement before it goes to court as it may affect the judges decision surely coming to an arrangemt now will stop all the extra court cost we just think they're trying to get us out and fixing it up I've always kept them up to date with info since I even phoned them earlier than arranged before to sort out this they still took it to the solicitors again just didnt want to lose my home which I work so hard for to keep a foot over my children's heads would be great if you could get back to me I've been on maternity leave as I've had a baby who is 3 month old the arrears total £1455 we have paid them £100 pound in April and £200 In may im looking to pay a further £300 pound today when I've finished work due to being on maternity leave my income as been substantially lower im now back at work full time I have tried to stay in contact with Halifax to sort out arrangements but couldnt due to my income being lower than my outgoings i've phoned them up Tuesday just gone and gave them my income and expenditure update they said I would be able to pay my contractual mortgage of £284.15 plus a few hundred extra I offered to make and arrangement on the phone they put me through to the eviction team they took it back to solicitors the day before said we have to wait for an eviction notice to come through as if they make an arrangement now it will impose the judges decision surely to God they could stop the hassle but oh well I suppose they have to go through procedures but that didnt stop me from worry though I'm looking to get the arrears down to £1000 before it goes to court I've also changed banks too has I've had problems with my bank with payments not being processed and what not like I said I'm now back at work full time so going to have a regular income coming in in have 2 children aged 4 and 3 months I'm just panicking as dont want to lose hour family home as my 4 yr old starts school in September and he is settled at home and so is my 3month old do you think the judge will suspend again I've been informed we have received letter from the solicitor not sure which one yet it says we must pay 1455 in 7 days or they will go for repossession do u think if I rang the solicitor they will stop repo if I offer them 300 today and 400 each month
  4. I have been a lurker for some time now, but now need some advice. I have received details of a possession hearing from Blemain Finance for a second mortgage and desperately need some help with it. The form to complete from the local county court does not stipulate any reply timings and we have trying to get as much imformation together as possible before completing it. However, the hearing is early next week and we have spent the weekend getting all the information I can together. My husband and I are self employed and because of one client going into receivership, another retiring and a third changing supplier. I have not been able to make a payment to them since the end of May. I have several broken agreements with them because of losing these clients. I have paid them around £38,000 since starting the £46,000 loan in 2008 and only started having problems in 2012 when I ended the year just under one month in arrears, By the end of 2013 we were around three and a half months in arrears but had entered into an agreement with them where we were paying the monthly repayment plus £71, however, I could only keep this up for six months and we are now around £4,100 in arrears, I may be able to reduce this by £700 before the hearing but this depends on when we are paid. We are currently rebuilding the business and have good prospects in the pipeline, but with this hanging over our heads it’s very difficult. Are there any reasonable grounds on which I can request the order to be set aside, or are the county judges obliged to grant anything over two months in arrears? I am worried that we have a bad month and can’t make the payment on time and lose the property, Although in arrears with our main mortgage we are tackling that and only have one year left on that, albeit it will take two years to clear. There is about £550 difference between what they say I owe and what I have calculated and I guess this is various admin fees etc. Any advice will be gratefully received. Thanks, Sara
  5. Ive just got the eviction date. Its 31 may Im worried now! What should i do? I know i need to get the N244 in but is there any way i can get it suspended? Cn i say the account is in dispute as i think most if not all of the arrears are charges etc? Their solicitors have said that they will take £1600 to stop the action but where the hell will i get that kind of money?!! I can pay cmp plus £75 extra. Total is around £415pm The problem is that ive had a suspended possession order with the mortgage since june 2011 which has slipped, due to a lot of serious family illness. Including me being diagnosed with a serious life long illness which has a big impact on concentration and short term memory and also severe pain and fatigue. Ive got two kids in the house aged 4 and 6 Can anybody tell me what is should do? Im going to try and pay off as much as i can before the court date but apart from that and the N244 i dont know what else i can do..... Ive missed several payments but the payments i have maade have always been the cmp and extra off the arrears Hi. Ive had a suspended repossession order on the house since june 2011. I fell into arrears as i took on my 2 grandchildren and had to leave work. that was in 2008. Before that i wasnt in arrears. Since the suspended repo order i have fallen into arrears again. Ive missed several payments although the payments i made were in line with the judges decision and i was paying the cmp of £271 plus £50 towards the arrears. Last month my mortgage payments rose to £323 plus £50 towards the arrears which i can pay. Today i received the eviction date of may 31st. I would like to come to an arrangement with them but need to know how likely it is that i can stop this eviction? Halifax say that the arrears are £6051 but i know that most of this is charges and solicitors fees etc. I am in the process of claiming back the PPI on the mortgage and also the arrears but this is not going to help right now. I need to find £1600 to stop the action but i dont know how much of that is charges etc as that is all they would say on the phone. Can i say that the account is in dispute because of the PPIand excessive charges? I know i need to fill in an N244 but is there anything else i can do? I had a problem with the repayments before but i can pay now. Im also going to try to make as many payments as i can in the meantime. I also have a problem with Ocean Money and they are doing the same thing although i dont have a solicitors letter just yet so i need to get that sorted too. I did have an idea but i dont think its very likely? Ocean is a secured loan on my house. The loan amount totals £21000, which included a brokers fee and also the PPI. I had to borrow an extra £8000 to clear my original debt with them so i know that they have rolled my original PPI into this loan. I actually asked for £10000. My idea is, is ere a chance that the halifax will let me remortgage, combining the original mortgage and the loan? That way the apyment should be lower meaning that i can pay more off the arrears. How likely is it that the judge would allow me to capitalise the arrears? The mortgage is for £93k and the house is worth £175k so i have plenty of equity in the house. Would the judge take into consideration the fact that the fees are excessive and that there is PPI included? Im really worried that im going to lose my home. I took on my grandchildreen in 2008 and thats what screwed everything up. I had no arrears before then. The children have quite severe emotional and behavioural issues because of what they went through before they came to live with us. They were neglected and were at risk of physical abuse. They need stability and a lot of care. Losing their home could set their "recovery" back. Would the judge take this into consideration? I was also diagnosed with fibromyalgia in february, which means i am disabled and i am in the process of applying for DLA. Sorry, im using an ipad and its not the same as anormalq computer for some reason... Would any of this help me keep my home? Im sure that if i had the chance i could sort this out, if i only knew where to start. Who should i be talking to? I dont really want to waste any time. i dont have a printer so everything has to be written out by hand. Im really grateful for any help you can give me.
  6. I am desperately in need of some advice please. Several years ago Acenden got a suspended possession order . I successfully paid the arrears and they were clear until last year when my world started crumbling down. On 30 October I got home to a letter from their solicitors telling me the order was being reinstated due to arrears of £2600 approx. This is just over 4 months worth of payments. I called and was told unless arrears cleared in full there was nothing that could be done . In desperation I spoke to a family member and they loaned me 2000 and I had just over 300. After lots of negotiation Acenden agreed to accept the payment and stop the eviction proceedings. I received letters of confirmation of this from both Acenden and their solicitors all dated 31 October. On Friday I got home to a hand delivered letter dated 1st November informing me the eviction would take place on 21 November at 11am and yesterday the same letters arrived by post and these are postmarked 9 November. I am so scared can they evict us even with all the written confirmation I have. Also my mum bless her has offered to give me the rest of the money to clear the arrears but I don't want to take it if they can still evict me as there are also charges on the account of nearly £3000. I plan to call the solicitors and the courts in the morning but not sure what to say. Any advice please would be greatfully received
  7. I'm currently living in a flat that I have occupied on the same level of rent for 14 years. The building my flat is in has been recently sold, with that information and a new Gas safety certificate being passed to me by the Letting Agent. The Letting agency confirmed by email that the building had new owners and that the new owners would like to offer me a new tenancy at a higher rent rate, some £75 dearer. Which is unaffordable and massively greater than the current rate of rent of 2 bedroom flats and houses in my area. There are currently 4 repairs that require doing to the building and flat, namely the front door is insecure, the fire alarm system has no power, one of the radiators leaks in my box room amd the boiler has a persistent and intermittent leak that hasn't been traced yet after 3 attempts. My previous landlords were aware of all these repairs, which I had reminded them of before leaving to work away from home in July. I have no evidence that the new landlord is aware of these and I have grounds to suspect the Landlords have been less than honest with the Letting Agency. Anyway. My response to this email was that I would await a formal notice but believed that the new rent was excessive. The response was a hand delivered Section 21.4(a) with a letter attached citing rent arrears as ground to evict. My feeling is that I am being evicted in response because I have made clear that I find the unofficially suggested new rent excessive. Thoughts ?
  8. Hi. I will try to be brief and to the point. I took an assured shorthold tennancy on in a house of multiple occupancy as a cost saving exercise. The landlord told me there was 3 girls living in the house and upon viewing the house it seemed clean and livable. Upon moving in I found out only 1 girl lived there. The next day a new tenant also moved in. Let's just say he was from a diffeent walk of life. His standard of living was well below mine, and he had no social etiquette or co-living skills. Leaving his dirty plates and pans for up to 6 days or more and leaving his dirty washing all over the kitchen floor. I told the landlord and he basically said 'shut up and deal with it and work it out' not in them words but pretty much something like that. The new tenant was using passive aggression and doing odd things as almost mind challenges, anyway I thought this is not my problem and that I did not have to deal with it and told the landlord I would be terminating the contract as a result of this pig of a man who he had placed in after me. The landlord said there was no way I was getting out of the tenancy without a suitable reason (clearly he had not listened - but like all these cowboy traders money is his god). We exchanged emails for a week and in one email I stated something like 'I will be leaving soon, he is not my problem and I am not required to teach him how to co-live with people'. I had not payed my rent which was due 24 hours ago as I was not happy with the house and my plan was to get him to use the bond as months rent and any days left into the month that I would not be there. Saturday at 4pm I get an email to tell me that all locks have been changed amd that 'if you want to recover your chattels then please call during office hours to pay the rent owed and a £100 late payment fine'... This guy is really on a high horse. The email was sent at 10am. At this stage my rent was overdue by one day. The email does not mention anything about the tenant I had to live with, it states that as rent is overdue by 1 day 'property has been siezed and will be removed in 7 days if rent not paid with fine'. I was told by a friend to call the police before breaking in. None of the other tenants were in after repeated knocks (at least they did not answer). I got back to the house and caalled the police, they informed me that the landlord had in fact broken the 1977 Protection from Eviction Act Section 1. And that I had every legal right to break and enter and get my property. The bathroom window was open and I was able to get into the house but had to break down my bedroom door, a PCO turned up 30 mins later and helped me with my belongings into my vehicle (a good van load). After the van was loaded I drove for 2 mins and pulled up and it hit me I was not technically homeless. The law states that if you live in a AST in a HMO a landlord is required to give you 2 months notice, then he can start court proceedings, and after that apply for a bailiff to attend and remove property. This cowboy trader didn't even give me 1 hours notice. There was a note on the window that said 'if you want to regain your chattels (property) you must call during office hours to pay rent owed and fine. (I mean who even uses the word chattles these days). Did he expect me to walk the streets with just a thin coat and shorts on till Tuesday morning (it was bank holiday and it was also Saturday 5pm). I managed after 2 hours to find place to stay, I was at this point very hungry and fatigued. I have since been staying on sofas, my belongings are all over place stored and I am starting to get painful back and so on. As well as the emotional distress and so on! I am a tough shell and won't even admit to myself when times are bad but my plan is to take this sucker down. I have been to Citizen Advice who were pretty useless, a housing association who were pretty useless, local council who were pretty useless... The only luck I am having is with a solicitor who I am seeing this week, who see to think I have a strong case. The charity Shelter were useful, they gave me a lot of sound advice on the steps to take, such as sending a 'letter before action', seeking out solicitors or no win no fee, local council / organization numbers (of which none worked). I have done a lot of resarch and know quite a lot, such as this rouge landlord is liable to be paying between £100 to £300 a day for every day I am technically homeless or out of the house I was evicted from, plus all sorts of other compensation costs like misuse of bond (not putting it into a deposit protection service (bond and upto 1 to 3 times bond back) plus aggrevated damages. I am seeing solicitors this week who will hopefully take my case on. Because with my paper tenancy agreement and the email sent 32 days later, these two documents are proof that he has broken the law and illegally evicted me. What are people's thoughts here? I am still sleeping around at friends, my work / life mix is strained and my relationship with my girl is also tough as we can't spend time together as much! Please let me know your thoughts.
  9. Hi everyone, My case is turning quite complex and I would appreciate any support anyone has for me. I will try and lay everything out as clearly as possible... 1) Viewed a property on the 21st of October, and noticed some issues with the property (cracks on the outside walls), we asked the estate agent who said it was just “common shrinkage”. As the current tenants were in with furniture / laundry around we didn’t see the full extent of this. 2) The following week we decided to make an offer on the property, and stated that “this offer is contingent on the following: …”. Our contingencies included: a professional clean, painting over some obvious large internal cracks, resealing mould in bathroom and cleaning the garden. The landlord confirmed in writing to do the contingencies before our move in date. We also asked for an inventory, and received a list of items, before going ahead with putting in our deposit etc. 3) Upon moving out of my rented flat and into the property 6 weeks later (25th of November), we discovered that 1) no work that our offer was contingent on had been completed and 2) Two 12L dehumidifiers had been placed into the bedrooms (RRP: £139.99), alongside 9x mould absorbency gels dotted around the flat, indicating that there was a mould / damp problem in the flat (neither the dehumidifiers or gels were in the flat advertisement, nor were they present when viewing). 4) I have severe Asthma and a mould allergy, and my boyfriend has also been to hospital with a mould allergy in the past, so obviously had we known there was an issue we would not have made any offer on the flat. 5) We immediately got in touch with the estate agent in writing, who stated the dehumidifiers were there upon viewing (not the case). The dehumidifiers were also not included in the inventory we received (although that included kettle/toaster and other small appliances). Irrespective of that none of the work the landlord said they would do was done. In addition, I immediately begun suffering from my allergies in the flat due to mould / damp (asthma, hives etc). 6) Once we were in the flat without the previous tenants’ belongings, we began to see many more issues in there that were concealed by the previous tenants furniture and items on walls (e.g. cracks in internal walls that were concealed) as well as many probable hazards with the flat (e.g. excessive cold, windows not shutting properly, suspected subsidence and suspected penetrative damp / mould). 7) We got in contact with the estate agent the evening we moved in. The estate agent denied all of the above and stated that the dehumidifiers were there upon viewing (they weren’t). There was some back and forth over the next 24hrs but the consensus from the estate agent and landlord was that nothing was wrong with the flat and that we were not misled. We asked to know what would happen with the flat and the estate agent told us that landlord “believed and understood the property was in a fine state of repair from the outset”. 8) After moving in on the Saturday the 25th Nov, and getting nowhere with the estate agent/landlord we decided for our health (mine especially – I had gone through a full inhaler and multiple antihistamines in the 24 hours I had been there) to leave the flat as we realised we had been sold a lie, it was clear the landlord wasn’t going to do anything and we could not stay due to our health. 9) We moved our belongings into storage at the earliest opportunity (Monday the 28th Nov) and went to stay with family so we didn’t have to live there and struggle health wise. We also received an email from the estate agent that the landlord was going to re-let the property with a different estate agent and that we would get 24h notice before any viewings take place. That email was the last we heard from either the landlord or the estate agent. 10) 5 days later we went back to the property and realised we had been locked out (they had used a lock to which we were not provided a key) so could not gain access to the property even if we did want to remain in the contract. 11) We also realised the landlord had been negligent on a number of other things: Hadn’t given us prescribed information on the deposit, had put the deposit in the wrong scheme (i.e. not the one they put in our AST), we had no gas safety certificate, and there was further misrepresentation (said there was a fridge freezer and chest freezer, there was neither). 12) We tried to contact them and were ignored. Finally, we sent a pre-action protocol letter outlining our claim and restating that we were open to negotiate rescission of the contract and our monies paid back. This was ignored. 13) 14 days later we filed a court claim against the landlord which included all the money we paid and damages (around 7k) and also the fines for them not giving us the proper prescribed information (£6.6k) so our case is currently in the fast track (we found out after this may not be the best thing). 14) The landlord is now defending and counterclaiming (we are waiting for the details of their defence and counterclaim in the post but assuming this is for loss of rent up to the new tenant move in date, irrespective of the illegal eviction). 15) One last point is that the MCOL apparently made a clerical error and accidentally discontinued our claim on the 17th of Jan without telling us, and we spent the last week or so reinstating it. I am now unsure of what our next steps should be so any advice on what you think we should do would be hugely appreciated. Thank you all!
  10. I signed a franchise aggreement (unfortunately) and I would like to know if the : personal guarantee`s that was included is legal, if it was not witnessed, at the time of signing, and their is no provision for a witnesses signature, is there a set format for this, and could it be deemed invalid and/or, not binding? when is a deed not a deed? Your advice would be welcome. Thanks!
  11. Hello, I have an eviction date of 13/07/2011, i am £7500 in arrears with my mortgage the original repossession hearing was back in 2005/2006, since then I have had a very poorly baby, been very ill myself and still have problems with my blood pressure and liver. NRAM have issued an eviction date and i have complied with them and provided all my I&E details. I rang today to make my normal payment the gentleman stated that they have made a decision and that i need to pay £4k off the arrears and increase my offer of overpayments, they are stating that i have in excess of £500 surplus income a month.... ..i deffo cant find this surplus in my bank! I have offered to pay £200 per month on top of my normal payments. I am not able to pay the £4k and they have suggested that i contact the court to let them decide. I am petrified that i am going to lose the house, i am married and have two children age 10 and 5, we do not have any family support so there would be no were we could go to. I have admitted to NRAM that i had not been prioritising my debts and that I have since seeked advise from a financial advisor and that i am in the process of dealing with our debts with payplan. I have made arrangements to go into my local court on friday to fill in the form but im not sure what details i need to provide. Can anyone help?
  12. Hi, I don't know if I'm posting this in the right place but I need help. My daughters boyfriend has just received an eviction notice, stating the eviction will take pkace a week on Thursday. I'm currently sketchy on the details but it's all due to problems with housing benefits etc. Hes had a nightmare of a couple f years, he was persuaded to take a 16 hour a week job because he was on DLA and could claim working tax credits, he also kept his housing benefit. He then lost his claim to DLA when he had to change to pip and so lost his working tax credits. He also lost his housing benefit but that was reinstated. Currently he has a total income of £120 per week and is supposed to be paying towards his rent as his housing benefit doesn't cover it all. Now he's buried his head in the sand, my daughter had just phoned me to say that he's being evicted and the eviction notice was delivered on Saturday morning. He has tried to contact the council today to see if there is any way he can stop the eviction and they have said no not unless he pays all of the arrears. I don't know if the amount they are wanting includes all of the costs that will have been added to the debt outstanding. Is there anything at all that can be done to help him keep his home or are we looking at a lost cause?
  13. Hello This is my first post here so I've tried not to witter on, but it's complicated. The situation is that I was evicted from my home last year when I couldn’t remortgage it after the interest-only mortgage expired. The circumstances don’t matter, I have no quarrel with that. My query relates to what came after. I had managed to dispose of a lot of stuff I didn’t want, but there was still a lot of stuff I did want, left in the property. I’m past retirement age, live alone, and am severely disabled: I cannot legally walk, I have severe spinal problems and a max award of DLA. Acenden have known this since the beginning of the proceedings. They refused me entry back into the house to deal with my property, despite my undertaking to comply with whatever conditions they imposed. They arranged for all my stuff to be packed up and moved into storage, and I’ve paid all the moving fees and a year’s storage costs. Because of my disabilities I was completely unable to inspect my property while it was in storage; even getting to the chosen storage facility was beyond me unless I had substantial help which wasn’t available. When I eventually unpacked everything in my new home, which has taken me the four months since I moved in, I’ve seen that the packaging was very poor, no attempt was made to protect any of my property, a box that had contained glassware and china was full of smashed and dangerous pieces of glass and porcelain; glazed pictures were simply stuffed into inadequate cardboard boxes, the frames mangled beyond recognition and the glass fronts all smashed. Other of my stuff had been so badly damaged as to be made useless and needed replacing (e.g. tumble drier), a long list of other stuff, including a valuable listed edition print and expensive camera kit, has been stolen. I’ve photographed everything that’s been damaged clearly showing the damage, and recording the very poor quality packaging and careless packing. Acenden also suggested to me that they could arrange disposal of stuff I didn’t want before the rest of my stuff was packed up, to which I agreed, provided a list, and their initiative and my agreement and identification of that property are evidenced by email exchanges. They didn’t follow through on the agreement, and I’ve spent removal and a year’s storage costs for their broken promise. Acenden took four months before they even put the house on the market. I have other complaints but my question here, is what is Acenden’s legal liability for the theft of and damage to my property that’s happened while it’s been in their custody. To say that the removers were negligent is an understatement, but I didn’t have a contract with them, Acenden did. I know I need to see a lawyer, but I’m just hoping to get a view here as the first appointment I can get is two weeks away. To say I’m very angry is putting it mildly. I’ve spoken to my insurers – fortunately I have contents insurance that will cover a claim provided I exhaust Acenden’s complaints procedures before I start that claim. Do Acenden have any liability to me for my loss, which amounts to over £10,000 on current replacement values? Thank you for any feedback. Gleneagle
  14. My friend is in rent arrears but is paying them off her housing association has served her with a Notice of Seeking Possession and now she has received a letter to attend court. The letter outlines the amount of rent to be paid weekly and their desired outcome is Eviction. Her current arrears is £1800 but she is paying this off weekly however as she is self-employed there are times when she is unable to pay anything. My friend is very worried about what will happen and wonders whether she is able to make an agreement at court or will it be straight eviction. She does intend to pay off alot of this before the hearing but is still worried. As I have never been through this process I cannot advice her. Any advice please ??
  15. Hi. Some help and advice needed please. Had a suspended possession order on my house about 2 1/2 years ago. Was paying CMI + £63 and not problem. Missed a months payment, hadnt realised it hadnt gone out then discovered this several months down the line when I was told my mortgage provider GMAC that they had stopped taking the extra £63 when the months payment was missed as this had invalidated my agreement. Been making payments generally with the odd missed payment due to stupidly taking out payday loans to help the debts that I had inherited from my ex husband as he had subsequently died. Been trying to sort everything over the last 6 months and done everything wrong and paid my non priority debts over my mortgage as they had turned up on my doorstep and at work. I now know I shouldnt have done this. Last Thursday received a notice of eviction for 18th September out of the blue, no warning from GMAC / Paratus. Although I havent paid the last 6 months I have still paid £2190 of the £2880 due since December '11. My arrears stand at £3700 equivalent to about 10 months.(probably less than 10 months as some were accrued when my payments were £700+). I can easily afford the mortgage now that I have sorted the other debts and with a decent amount surplus each month to reduce the arrears. I also have a buyer which GMAC know about but I am waiting for them to sell their property before I can go ahead which will cover the whole of the mortgage outstanding. I am also due a lump sum to soon possible end of september, might be October of around £1400. I have 2 children, one who is due to take their GCSE's in the coming months so really dont want to disrupt them. Is their any chance I can save my house? I would really appreciate some help.
  16. They want to Evict me,can you help. Can someone please advise what I can do to stop Elderbridge (company that purchased from Barclays, all Firstplus accounts) evicting me from my house, I have received a letter today from Elderbridge stating that they are instructing their solicitors (Eversheds) to ask the court to set a date for Elderbridge to take possession of my property. What I want to know is if they can do this as the original repossession order was granted to Firstplus who have gone bust (and then taken on by Barclays as they were the bank that set up Firstplus) Last year Barclays sold my outstanding account to Elderbridge, does that mean that they automaticity have the right to use the suspended repossession order to start eviction process? If yes how do I contact the courts to stop this eviction and make payments to this new company Elderbridge. Account Balance £64,809.59 Arrears Balance £64,722.09 how can Firstplus, Barclays have let my arrears get so high and charge me 7.8% intrest, I have asked all of the above to stop charging interest but have all refused.
  17. Hi all, Im with Birmingham Midshires and over the last couple of years have lots of fee's added. Sent of SAR and got back account histoy for both main mortgage and secued.. Lots of fee's, late payment/returned dd etc. What i was hoping for, because im in arreas was to claim these back and pay off the arreas. Now where im confused is that I have not paid these charges like i would do with a bank account, they have been added on to my mortgage. So what will happen.. Will they just knock the charges of the account or could i get them to reduce the mortgage arreas with them ? Unsure what to do so any help will be appriciated Thanks eggy12
  18. Hi please can someone help me. I was awarded a suspended eviction order on 9th November 2009. Whereby the judge ordered if I had to go again I had to go before him and He would basically chuck us out (due to me being there previously) That was dated until November 2010 - Will this be relevent now. Mortgage is with Santander. I have fell behind a few times since just before xmas, but ALWAYS made it up. I am up to date with my payments. And dont owe anything til end of September. My arrears currently stand at £856.71 I have been away on holiday, and come back to a Warrent for the possession of property. Eviction will take place at 28th August at 10.20am. Santander, phoned me in on 20th July - My payments where up to date. Requested I went through a income expenditure with them - right there and then on the phone. I was at work and requested they put the forms in the post. I promptly filled them in and posted them back. Santander say today that because they didnt get them & I defaulted on court agreement they either want the Full £856.71 or the House. Please help me Please help 1 small child and a pretend teenager. Reading through some of the other threads, people have been evicted for being up to date. Really starting to panic Forgot to say I do work, and can pay the mortgage. Just messed my money up a few times this year. But It was payed as soon as, And I am up to date
  19. I will try to keep this short and just stick to facts. For numerous reasons we have circa 11k arrears on our mortgage and BS are going for repossession.I have been advised that the bailiffs will call with paperwork and then it will be two weeks ish from that date. Expecting paperwork in next week so three weeks to sort it out. We have put our house on the market and have approx. 70k equity. Mortgage payments are circa £900 per month but we our circumstances have slightly changed and with 140 months left could afford a Norgan payment on top of monthly payment until the house has sold. We have 2 young children 6 and 7 and are both working. Our aim is to sell and rent for a few years, save some money from what we get from the sale and time being a great healer and possible inheritances coming through buy in say five years again when we can both work more hours with the children at secondary school. There is a suspended possession order from 2010 but there have been NO eviction hearings before. Could someone give me some advice as to the best defence when I go to court to se if I can get the eviction overturned / suspended. The BS have told me that they will only accept a big lump sum (which we don't have) plus interest and £600 per month off arrears? Do you think I stand any chance or should we just assume the BS will win and that's that? Hope someone can help....I know I need a form 244 etc and also the protocol round filing it and getting a hearing, its just how to approach it. I have read that some people are on their 7,8,9th etc eviction hearing and still being ok, but I worry that with my luck the Judge will just rule against me!
  20. Complicated story. My neighbour confided in me she just found out she is being evicted at 9am on the 11th Jan 17. She is 69, has long term mental health conditions and her affairs were previously handled by the court of protection for some 20 years. She is a leaseholder (66years remaining) of a flat within a house conversation, it appears from the paperwork I have seen the landlord has been successful in gaining possession and she is now being evicted by way of forfeiture. The original claim for forfeiture in 2014(?), which was withdrawn states for reasons such as no access, not washing windows, putting flowers on the window ledge. There has been ongoing disputes between her and the landlord, ever since as she claims they illegally required the freehold (Some 20 years ago) and she refused to pay a premium of 100k for a new lease, which cost them (the other two leaseholders) £2.5k to get the freehold. Her property in size equates to 40% of the building. This lead to them harassing her, failing to carry out their repairs and reporting that they thought she was dead and the police breaking in. She was sectioned under the mental health act ( a few years back), when she disclosed past incidents. For the past 18 months she hasn't opened mail due to her health and conditions. The mortgage company wasn't initially apart of the claim, but they have adjoined and appear have been granted some relief at some point. She has only realised, a friend insisted she opened up the mail and that when she found last weekend she is being evicted next Wednesday. I know she needs to complete an N244 but what should be included?, I have taken a copy of the guidance. She is not entitled to legal aid, because of the equity in the property and solicitors want up front fees, and/or short notice. Any help would be much appreciated. I have only had 2 hours sleep myself and have to wake up to 4 kids (one who is broken his leg), work, a meeting with my brothers mental health team who have failed him drastically and assist my neighbour, along with my own health issues. So I need to get some sleep, but will check in the morning for any advice on completing the N244 or anything else. I have quite a few of the court papers but need to scan them, which I hope to do tomorrow at some point. Many thanks for reading and I hope we can help her.
  21. I need help a.s.a.p !! I have a restored possesion hearing on 6th July. I am reading everywhere about entering defence but only got 1 sheet cant locate anything else. we have a 2nd charge for £37000 have arrears of £3100 my husband has gone from 2k a month job to £285. I have today spoken to the company , they have taken income and expenditure form. I have confirmed I can pay monthly payment for 3 months but no arrears as yet i payment made today, previously was March . My husband has a injury claim going through from his old employer so when this is settled would clear arrears. We are alos hoping he can get a job soon. Please help what can i do ????
  22. Good morning all, My ex and my three school age children are coming to the end of their rental lease on December 1 and want to stay in the property. I provide maintenance and she is on benefits including housing benefits although according to her these have been cut some months ago.(she has been on housing benefit for the last 18 months)...She made an arrangement with the landlords agents to pay a three month 'buffer' when she moved into the property 18 months ago...Unfortunately my income dried up three months ago and the buffer has been used over the those three months and the landlord will not issue a new lease unless we pay the buffer back up to three months. I have just received a job offer starting in January which will clear all of this up and allow us to move forward and smooth out all of the issues. I need to buy some time in the house while this is sorted and so my questions are.... What is the position of my ex and kids staying in the house beyond 1st December bearing in mind that there are no arrears and I have future earnings coming to pay the rent? Can housing benefit be cut just like that? (my relations/communications with the ex are strained to say the least and I can't be sure of what she's telling me) Thanks in advance for any advice you may have for me. GIB
  23. Hi, Please bear with me as I am new to this. Late last year I went to court making an application to suspend an eviction order and make monthly payments to Blemain of the monthly figure plus £80. I kept up to date with the payments until July albeit the last few months were made in several payments at a later date but all were made within the time agreed with them or sooner. I am self employed and money can be erratic. The payment due on 21 July could not be paid I agreed to try and pay in full by 1 August however I could only pay them £100 and promised the balance on 18 August. However, I missed that payment and by 21 August I was nearly two months in arrears of the court order. Of course, throughout September I received letters threatening they may take action knowing full well they had applied for an eviction order on 29 August. On 21 September I called them as another payment was due. I told them I was making a payment of the monthly amount plus £200. The eviction date is next Tuesday I said I would be able to pay the same amount the following Friday and be finally up to date on the court arrears by 21 October. I was told they would only stop the eviction if the court arrears were brought up to date or if I completed an I and E form over the phone and made the payment I promised. I made the payment immediately and called them a few days later to go through the I and E form. I was also going to mention that I may be able to clear the court arrears but before I could mention this I was immediately told I had been totally misinformed and they would only stop the eviction if the full arrears were paid as this was the fourth eviction. I managed to get a good client to bring an order forward and am now in a position to pay the full court arrears of £1,100 tonight and this would mean I have reduced the arrears by £800 since the hearing just under 11 months ago. I also have nearly enough in reserve to pay the payment due in three and a half weeks. I am going to the court tomorrow to apply for another hearing. Is the judge likely to accept I am doing my best or let the eviction proceed? Thanks, Dave
  24. Hi all, In need of some advice / help and lots of reassurance. My mortgage was with GE Money and was transferred to engage credit last year. During last year I suffered an attack and since then have had mental health issues PTSD etc. Subsequently I took redundancy in July 2015. Redundancy maintained payments up until the end of the year, by which time I had applied for ESA and PIP.. I am now in the ESA support group and receiving PIP. All the time I have maintained contact with engage. GE had a suspended possession order as of Dec 2010 and that was maintained and subsequently they added the arrears to the outstanding balance. With engage I have made 2 offers and both were rejected, one as could not afford and the other as not high enough. During this time I have sought advice from CAB and subsequently to that am now in process of arranging an IVA Engage have sent a solicitors letter giving 7 days to bring the account up to date or they would apply for a warrant of eviction. Yesterday from the court I received an order relating to changing the name on the suspended possession order from GE to Engage. This gave me 7 days from service to apply to object to the new order. Today by hand the notice of eviction has been delivered, 6th September. Also I have had a field agent call at the house to arrange a visit, planned for Tuesday. I know main focus needs to be to stop eviction and file N244 which I will do next week, the IVA proposal includes I.E. and includes the mortgage + £64 monthly towards the arrears. This proves I can afford going forward on the benefits I receive. Just need reassurance that we will be able to get the eviction suspended also why are they now sending a field agent round. Also were they right to apply for warrant even though the name change order has only been completed and I an still raise objection. Engage were fully aware I was seeking financial advice and also that I have applied for a hardship grant from a charity, still in progress. Mortgage is in joint names and no children in the property. Any help much appreciated. Thanks
  25. Hi there, Fantastic Forum. Keep up the good work. A while ago my friend has been accused of benefit fraud. She has sent in an appeal at the moment, and she is waiting for them to get back to her. I have helped her by reading posts on the forum, and following some of the advice being given on here. But now I am stuck and don’t know what to do now. Like I said she is waiting for her appeal, but now the housing association are getting tough on her. They are demanding the rent that has gathered up due to her housing benefit being stopped months ago. She has been paying her water rates because her income support has not been stopped as of yet. But she can't afford to pay the full rent. She is due to appear in county court on a civil case in a couple of weeks time. She is a single mother with two children. She doesn’t speak much English. She is really stressed and doesn’t know what to do. Please, please help.
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