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Eviction date 18/03/08 help


kalujo123
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I have a property which has been up for sale at start of january, valued at £165,000 and currently on the market for £162,000. I had a possession hearing in november and it was suspended to allow normal monthly payments plus £200, failed on that and now eviction notice has arrived. Fixed interest rate ended in november causing the payments to increase by £300. I currently have about £24,000 in equity after the mortgage is paid off including arrears of around £7,000. What can i do as mortgage company will only accept full arrears to stop. I have a few viewings on saturday for the property but am worried as it is only 2 weeks away. Can i fill out an N244 and ask the judge to stop the eviction to allow me to sell, as i know that once they take possession charges will be added e.t.c. I have also paid for a hip pack but they will probably charge for another one. What is the likely hood of the judge stopping it to allow me to sell

PLEASE HELP!!!

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Do you have children under 18 in house ? the problem here is that you already have a possession order on the property but suspended. As you have broke the terms of that the lender will go for a warrant of execution unless you can get a buyer FAST, (judge will need some proof of this) young children at home also helps on a N244. There are BMV companies who may step in , but they will want it a good discount. Someone else may have more reasons you can put on a N244, hold tight they will post here soon.

 

One thing for sure is to drop the price of your property, you are not a vendor who can hold out for the highest price

[sIGPIC][/sIGPIC]....Please don't bother my master 'cos my sister & I might bite you...

 

I DO NOT offer legal advice

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Hi there, I can help you with an N244 application. Are you able to make any payment at all before the 18th March? Who is the mortgage company?

 

Kind Regards

 

Ell-enn

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Hi.

 

Im really sorry to hear about your situation.

What are your financial prospects for the near future. Can you convince a judge that you can sort this.

You have nothing to lose by going back to court for a revue, but you have to act quickly.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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If you have £24k in equity, why don't you drop the price by another 24k to see if you can sell it yourself (the estate agent will probably be very motivated by this, since they're not selling much these days, to help you secure a quick sale): if it is reposessed, you may end up owing money as a result: this way would enable you to exit without owing any more.

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I suggest you make an application to the court to suspend the possession order for you to sell if that doesnt sucseed ask the Judge to make an order Propert Act I wil get you details over the weekend this makes an order for sale but you have the conduct YOU ARE NOT repossessed You have to sell within a time frame of the court but all the time you have equity you are fine If you need this i can give you the case law ect and the last time it was used in the high court as it was with me and you can quote it

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If you have £24k in equity, why don't you drop the price by another 24k to see if you can sell it yourself (the estate agent will probably be very motivated by this, since they're not selling much these days, to help you secure a quick sale): if it is reposessed, you may end up owing money as a result: this way would enable you to exit without owing any more.

 

He cant drop the price by £24k 'cos he owes over £7k in arrears plus there is EA fees to consider

[sIGPIC][/sIGPIC]....Please don't bother my master 'cos my sister & I might bite you...

 

I DO NOT offer legal advice

-

"I just say what I say because everyone is entitled to my opinion!"

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Many thanks for your replies

 

I have a few credit cards and a loan of £6000 from the equity, so i really need the extra cash, what i would love is to just get maybe three months to allow me to sell the property as mortgage debt will be covered from sale. What can i do to convince the judge to do this, will they be looking at the monthly instalment to be paid. I have started a new job since the hearing in november. I think i need help to fill out this n244 form to get some extra time to sell. Ell-Enn i would be very grateful if you could help as i am at a loss with these forms and Bona that would be great if you could get me some details on that

Thank you everyone

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Hi Kalujo, no problem helping you with N244. I will contact you tonight when I get home and we can make a start. Try not to worry too much. If you have started a new job and can make some payment while you are selling the house you should definitely apply for a further suspension.

 

Be in touch later.

 

Kind Regards

 

Ell-enn

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  • 2 weeks later...

Hi, Just an update

 

N244 filed at court and hearing set for friday 14th march. Fingers crossed now and hopefully go all ok.

Many thanks to Ell-enn for helping out a lot.

 

One thing i have to find out about is Bona's Case Law, ready for when i attend, i don't want to look the fool and not know anything about it, and its gone on the N244 form now. So if Bona is looking at this i would really appreciate your help

 

Thanks

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Right you can apply for conduct of the sale of your own property under Section 91 Law and Property Act 1925 the efect was to say that the Mortgage company would repossess your property for indue cause a sale that should not prevent you seeking and order that you conduct the sale under supervision of the court. Caser Law is Palk -v-Mortgage Services Funding Plc 1993 and Cheltenham and Glouster PLC -v- Krauszour Judgment runs to a number of pages and the case is being refered to be case law can elaborate in a PM if you wish

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  • 1 month later...

Many thanks to Ell-enn for all the help that you have supplied , and Bona, sorry haven't replied sooner have had so much going on. I managed to get the eviction postponed until 22/04/08 for a further hearing. Only major problem was that i could not get to court as i was in london great ormond street hospital with my son. I phoned the court to advise them and they said they would pass the message on. When i got back thursday I called the court to find out what had happened and they told me that my application had been struck out as i did not attend, they did not want to know when i told them i rang to let them know why i did not attend. Anyway today I have recieved an offer on the property and accepted it, the courts told me that the bailiffs office will send a letter for eviction again very soon. Can i put in another application explaining that house is now in the selling process, what are the chances of them giving me time for a completion date?

 

Many thanks

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Hi there, when you get an eviction date, you can put in another N244 to suspend until the sale goes through. By then you should have a better idea of when it will complete and also paperwork to substantiate the situation.

 

Let us know, and we can help you with it - but you MUST attend the next hearing.

 

Kind Regards

 

Ell-enn

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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  • 4 weeks later...

Update-

 

Hearing held on 21st may to stop eviction on 22nd may. Supplied info from estate agents and my solicitors acting on the sale in n244, claimants solicitor was a bit harsh. Judge agreed to suspend until 30th june based on the likelyhood of the sale completing in the near future, although i did not have a completion date. You get a horrible feeling when walking through the doors into court room, but a great feeling when something is achieved when walking out, nearly every time i have attended i have represented myself and i am sure the judge respects the fact that you put the effort in. Hopefully sale will complete before this date, and bet mortgage company are fuming as this is second eviction suspended. Claimants solicitor requested leave of appeal, and guess what- declined, ha ha. Although im sure they will have last laugh adding costs and arrears charges.

 

Once again many thanks to Ell-enn

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claimants solicitor was a bit harsh.

 

Just doing their job, but pussycats if you know how to handle them.

 

Judge agreed to suspend until 30th june based on the likelyhood of the sale completing in the near future, although i did not have a completion date.

 

Thats good news, well worth the effort ?

 

You get a horrible feeling when walking through the doors into court room, but a great feeling when something is achieved when walking out

 

Going to court is not to be taken lightly, but as you say, its really nothing to be afraid of either.

 

nearly every time i have attended i have represented myself and i am sure the judge respects the fact that you put the effort in.

 

I hope that gives strength to others.

 

Although im sure they will have last laugh adding costs and arrears charges.

 

Then i suggest you start to claim those charges back ASAP.

 

Once again many thanks to Ell-enn

 

A little thanks goes a long way.

 

Good luck to you.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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  • 5 months later...

Attended court today to stop eviction (for the third time!) £15k arrears, dwp messed up with mortgage interest benefit and have now backdated it, payment worth £5k processed monday and not shown until next week on mortgage account. Usual junior solicitor trying everything they can, even called the judge sir!!, shame it was a woman. Solicitor tried saying that arrears couldnt be cleared in a reasonable time!! judge calculated it to be 8 years,still 23 years left on mortgage, judge even said she will spread over whole term if solicitor didnt be quiet. I think they are being more lenient in light of credit crunch e.t.c, judge quoted new guidelines from government and cml, finally will get this all sorted now. Good luck to anyone going through repo/eviction hope is out there

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Hi there, well done you!! I remember when you got your first eviction date - you've gained a lot of confidence in handling these situations since then.

 

Hope everything goes Ok for you in the future.

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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:oops: thank you

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Well done kalujo123.

I am so pleased for you, and thank you for posting.

I was at court yeterday looking for information, and the clerk told me that new internal guidelines are already filtering into the system.

 

Gives some hope to the rest of us.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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