2 weeks notice of eviction - desperate

[matsi00]

Sorry this is long. Would be grateful for any advice/suggestions please. My situation is pretty desperate and the last two years have been awful following divorce and business failure.

 

I am in breach of a suspended possession order with Preferred Mortgages and have today received a warrant for eviction on 31st March, just 2 weeks away. The arrears are horrendous - around £8,000 - because of a serious reduction in income over last 18 months.

 

I have two mortgages on my property with sub-prime lenders (result of a greedy husband's divorce settlement, and a bullying business partner browbeating me into covering business debts with all sorts of promises of help to repay it - which never materialised because of his serious health problems. Yes, I know I've been stupid). 1st mortgage with Preferred, interest only, repayments c. £745 per month including £45 towards arrears agreed under suspended possession. 2nd mortgage with Kensington for which payments up to date (£420 pm) under suspended possession (I originally breached this also but was able to get it amended at court, so suspended for second time).

 

I have been looking since January for better paid employment, so far without success but have further interviews in the pipeline. If I succeed all well and good but basically I can't afford these mortgages at present. The business closed a while back (art gallery for which I did all the picture framing) and I've been doing two part-time office jobs plus a home based business which brings in a little, also have a lodger. To make matters worse I haven't been paid for one of the jobs for the last month because the company is going bust, so my income is suddenly seriously reduced even further. I'm really angry at this as there was a promise of this job going full-time, but the opposite has happened and its suddenly left me in a deep hole.

 

I've been in this house since 1981 and had almost paid for it when alcoholic husband (who never paid a penny towards the mortgage, or much else for that matter) decided he wanted a divorce so as to get a lot of money off me. Having ploughed a lot of money into the house I decided I didn't want to give it up so remortgaged and bought out his share. As we all know, hindsight is wonderful and I should probably have sold up then and rented somewhere. At first mortgage was affordable but all the interest rate increases over the last two years have really bumped it up and I got into arrears, plus other non-priority debts.

 

Try as I might I haven't been able to make payments to Preferred, the last payment was about £300 in January, and I would have been able to at least pay something were it not for the added burden of loss of one income.

 

I fear that if I submit another N244 to try and suspend the Preferred repossesion again the judge will understandably not be very sympathetic, at least until I can increase my income. The problem is I cannot find somewhere else to live within two weeks and I don't have funds for a rental deposit. I have no relatives I could stay with. What are the chances of the judge agreeing to suspending the warrant for, say, three months to enable me to find somewhere else to live and sell my house? If he were to agree to this and then in the meantime I obtained better employment would I be able to stay in the house if I can show I can afford it? I'm really desperate not to leave but don't see what else I can do.

 

I can promote my self-employment home business more (I have a picture framing workshop in the garden with professional equipment) but obviously this won't increase overnight. Or I could sell the equipment, stock and workshop (its portable), but I couldn't replace it in a reasonable time.

 

If I rent somewhere I would want to continue the framing work as its quite profitable as a full-time occupation, but then I'd have the added pressure of finding somewhere suitable, plus I've got two cats and an elderly dog!

 

I read on one of these posts that tonycee said he had arrears of £10K once and breached suspended possession orders, but still came out on top. If you're reading this, please tell me how you did it!

 

Sorry for this post being so long.

[nuke em]

If i understand this correctly, you would not be asking to stay the suspended repo order but would be using the N244 form to stay the eviction warrant. ( this you should be def filing asap). This I feel you will have have more success with this in front of a judge, but he /she will need to know & when monies are going to be paid

[matsi00]

I would like to stay the suspended repo order but don't think this would be likely to happen in my circumstances. I am thinking that if I stay the eviction I can at least buy myself a bit of time to try and sort out my income and/or find somwhere to rent. I will get the N244 into the court within the next two days.

[tonycee]

I read on one of these posts that tonycee said he had arrears of £10K once and breached suspended possession orders, but still came out on top. If you're reading this, please tell me how you did it!

 

The short answer is, i remortgaged on a light adverse self cert.

 

Is this a possibility for you ?

Do you have any equity ?

Another spare room ?

 

Friends or family that can lend you say, £2k to buy you some time ?

 

The very least you can do is submitt a new N244 and ask.

 

With a first and second charge in arrears, you will almost certainly have paid hundreds of £££££££ of recoverable charges against these accounts.

 

You can send all your creditors CCA requests to see if they are enforceable, and SARs to Prefered and Kensington, to see where you stand.

 

We can do this real soon, but in the meantime we must try and buy you some time.

 

There are a couple of numbers HERE and HERE that might be worth talking to.

 

We want to help, but you must act NOW.

 

Regards.

 

TC.

[matsi00]

Thanks for your response. Unfortunately no-one will touch me with a new mortgage at present - too many arrears and CCJs.

 

There is some equity in the house but not a great deal. House is worth about £170,000 but may be a bit less in recent housing climate. Redemption of Preferred mortgage is about £107,000 and Kensington around £34,000, these figures include all the arrears/solicitors/early redemption and other charges that they lump on. Have looked at sale and rent back possibilities (through a reputable company) as this would be an ideal solution but as they typically pay a maximum of 80% value then its a no go. Both companies are charging me monthly admin fees for arrears of £45 and £50 respectively.

 

Don't have any family that I can borrow from, very reluctant to ask a friend as they don't know the extent of the problem.

 

I will phone the numbers you gave me. I am off to work shortly so will pick up on this again this evening.

 

I really appreciate the help that is available in this forum through this very worrying time.

[matsi00]

Forgot to mention that one of my other creditors has succeeded in getting a charge on the house for an old personal loan debt of £8500. I went to court to try and prevent this charge but didn't succeed.

 

Maybe the other option is to go for a quick cash sale somehow.

[tonycee]

Ok. I would just like to say that i am not trying to influence you in any way shape or form.

 

The decisions must be yours and yours only.

 

 

Unfortunately no-one will touch me with a new mortgage at present - too many arrears and CCJs.

 

That might not be strictly true. There are providers that have no limits on your problems.

 

ADVERSE MORTGAGES

 

Their rates are horrendous, but it might only be for 3 years.

 

There is some equity in the house but not a great deal. House is worth about £170,000 but may be a bit less in recent housing climate. Redemption of Preferred mortgage is about £107,000 and Kensington around £34,000, these figures include all the arrears/solicitors/early redemption and other charges that they lump on.

 

If you werent paying all these fees, would it be worth fighting for ?

 

Both companies are charging me monthly admin fees for arrears of £45 and £50 respectively.

 

We can claim these back, soon, but not soon enough to stop repo.

 

Don't have any family that I can borrow from, very reluctant to ask a friend as they don't know the extent of the problem.

 

You might be pleasantly suprised at their response.

 

I will phone the numbers you gave me. I am off to work shortly so will pick up on this again this evening.

 

Good. Well done. You have to speak to everybody that might have an option.

 

I really appreciate the help that is available in this forum through this very worrying time.

 

We will help as much as we can.

[Ell-enn]

Hi there, I'm sorry to hear you find yourself in this worrying position. However, I would advise you to submit an N244 form to the court as soon as possible to try and get the order suspended again to either give yourself time to sell the property or pay off the arrears in installments you can afford. You have had a run of bad luck and the court should take that into consideration.

 

I can help you with the wording of the N244 if you wish. You really need to buy yourself some time. I've known possessions be suspended 3 or 4 times and some with only hours to go before eviction, so there are things that can be done.

 

Kind Regards

 

Ell-enn

[matsi00]

tonycee - many thanks for the info and options you have listed. I will have a read through the mortgage companies listed and see what I can follow-up.

 

Yes, if I didn't have the charges it would be worth fighting for. I've been in this house since 1981 and am reluctant to leave.

 

Ell-enn - Many thanks for your kind offer to help fill in the N244. I am going to do it this evening and take into the court tomorrow, so any help would be appreciated. I found a thread elsewhere that quotes the right to sell the property before eviction under section 21 of the 1926 Law of Property Act, so am thinking I will use the wording in this to apply for a stay on eviction. What is a reasonable length of time to ask for?

 

I'm just hoping I can get other employment quickly so I won't have to sell. Have an interview tomorrow so fingers crossed.

 

Many thanks for all the responses.

[Ell-enn]

Hi, I think this is what you are looking for:

 

Royal Bank of Scotland –v- Elmes April 1998 Legal Action 11, Clerkenwell County Court

Issue – suspended possession order on payments less than current instalments

A district judge suspended a warrant for possession for three months on terms that the defendant pay £250 one month and thereafter £500 per month for two months, thereafter the case would further considered. The defendant had good prospect of obtaining employment within the period. The lender appealed in the basis the court had no power to suspend on terms of payment less than current instalments.

Assistant Recorder Thomas Q.C dismissed the appeal, and held that s.36 of the Administration of Justice Act 1970 enables the court to impose any terms about payment so long as the borrower would, within a reasonable period, be able to clear the arrears and pay the current instalments.

.................

It is important when filling in Part C of the N244 that you put the words " I respectfully ask the court to consider the following when hearing my application for suspension of possession.

 

Then list the points you want to make in order with bullet points for each one. If you want me to send you a template for this let me know and I'll do it straight away.

 

Kind Regards

 

Ell-enn

[matsi00]

Ell-enn. Many thanks for this. Yes, I would be very grateful if you could send me a template please.

[tonycee]

Ell-enn. Many thanks for this. Yes, I would be very grateful if you could send me a template please.

 

And a sugar daddy.

 

Keep your chin up.

 

You CAN get through this.

 

I will leave you in the hands of the expert, but will be watching.

[matsi00]

If you find out where I can obtain a sugar daddy then do please let me know!

[ananya]

Good luck from me too, I've been through repossession and eviction suspension proceedings so know how you feel

[Bona]

Do you have any equity in the house it can make a difference

[matsi00]

About £29000 equity max, maybe a bit less. I need to get the house valued.

[tonycee]

What a judge does is look at your prospects, and the claimants liabilities.

 

Based on that figure, your bad fortune, and you giving a convincing story that your future is rosey (nudge nudge wink wink ) i believe you have a very very good chance of getting a further suspension.

 

You still have a bit of work to do, so concentrate your efforts and strength on your N244.

 

Sleep well.

[Bona]

Get some valueations and tell the Judge that if things dont improve in three months YOU will sell the house donot put that in your application but have it in hand if things go wrong thats what we did

[matsi00]

Bona, thanks for that. I had been thinking along those lines so I will definitely do that.

[Ell-enn]

Hiya, you should have the template by now - let me know if there's anything else you need.

 

Kind Regards

 

 

Ell-enn

[matsi00]

Ell-en, Yes, thank you for your assistance with this for which I am extremely grateful. I have just completed the N244 with minor amendments and will be taking it to the court this morning.

[Ell-enn]

That's great, good luck. Let us know when you have a hearing date.

 

Kind Regards

 

 

Ell-enn

[matsi00]

I have a court hearing scheduled for Friday 28th March at 10am.

[Ell-enn]

Hi there, fingers crossed for you - try to stay positive. If there is a representative from Citizens Advice at the court (there are at a lot of courts nowadays) you could ask them to accompany you in the hearing for support.

 

Kind Regards

 

Ell-enn

[sillygirl1]

Do you have any young children (ie under the age of 18) as this can help your case. You can get the "Norgan" rules applied here, ie the arrears can be paid off over the life of the loan, LESS the charges the mortgage company wants to charge - let the Judge know what they are charging and he can stop this;.