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hello- please can someone help

Today i fully expected the court to grant a ;suspended possession order...i had written many statements etc saying how i proposed to deal with arrers £3750) and also that will be placing house on market etc...

 

However- to my shock the judge sided with the lender and granted possession---28 days to levae---i am a mother of 2 children (14 &11)--- i had no idea how to react!!

please can someone advise....i can possible borrow money from friends/relatives until i can sell house...but courts do not seem interested

I am totally shocked and just can't copncentrate on anything at the moment...not sure what to tell my children ....

can i not have more time...i am really unsure now as prior to hearing i was led to belive that a suspended order would be granted

please can someone help in giving me good advice

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Hi there, I'm sorry to hear you had such a hard time at the hearing. Was this the first hearing following court documents issued by the mortgage company (who is it by the way?). You can submit a N244 form asking for another hearing to suspend eviction and we can help you with that - there is also some case law we can use to ask the court to allow you to stay in the house while it is sold.

 

You say you may be able to ask family for help, if so, how much would you be able to pay towards the arrears?

 

Try not to panic too much, we will try and help as much as possible. Did the judge know you had young children?

 

If you can answer these questions it will help us to advise what to do next.

 

Kind Regards

 

Ell-enn

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Ellens right you wont be evicted yet after 28 days if you havnt left of your own free will they will ask for a warrent of eviction that takea about another 2 to three weeks so you have probally got at least seven weeks

What you need to do is make a plan put the house on the market work out a detailed budget of income and out goings you have the life of the mortgages to pay the arreas if a judge sees that you have tried in the next few weeks to do something then he will probally suspend it I know Ell-en will help you with all the paperwork

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Hi Ell-enn & Bona,

 

I have dowloade the form suggested n244....

mortgage is with birmingham midshires

arrears = 3950

the judge was fully aware i have 2 children and also that family helping out with arrears & mortgage payment- for past 3 months mortgage has been paid in full and a little also for the arrears-- howvere- i also want to sell house so that am not reliant upon continuous help from friends....

i have requested many times for the mortgage company to add arrears onto the the mortgage term...but they have refused from day 1 --

 

with help i can pay all arrears back between 6-8 months...hopefully i would have sold house by then anyway

 

with all of the above i am still stunned/in shock at the judges order on wednesday---the 28 days given has now gone down to 26....i can't concentrate on anything at the moment and all i can think about is the 26 days and losing my home despite making all efforts to pay back all arrears

 

Any help greatly appreciated

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Dont panic you need to let some time go by a couple of weeks as I said you have at least 5 weeks before they give you an eviction date once you have that Ell-en can help you with your statement and Im sure we can get it suspended also get 3 estate agents to value the house and put it in writing then put it on the market there is case law to let you sell the house and not have it repossessed

 

Take care

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Hi there, understandably you are still trying to come to terms with what happened at the hearing - it must have been a very upsetting experience for you. Did you have any help with completing the court documents to submit before the hearing?

 

Please try to stay positive, you will get lots of help and support on this site from people who have been in the same situation as you and who have fought to save their homes. You need to stay strong for your children too and make sure you get some rest to be able to keep on top of the situation.

 

If, as you say, you can make some substantial payment towards the arrears fairly soon (and certainly before the next hearing) - we should be able to put together a good application for postponing the eviction.

 

How much are you able to offer as a payment in the meantime?

 

Kind Regards

 

Ell-enn

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Many thanks for the constant advice.....

Unfortunately took no help prior to filling in court forms but i did make a prepayment proposal...

currently getting financial help from family/friends to make payments since the closure of my business...

since the original court repo letter the arrears stood at £5035( march 26th)- they are currently £3950-

next mortgage payment is due end of May-- and will be paying an additional £500 onto of the mortgage amount..

 

Ideally- i would like all arrers to be added on to the mortgage over the next 12-18 months....but would the judge accept this ?? since the original court letter--the MARCH & APRIL payments all made fully with additional small top up payments...

Although i have only 26 days left --the earliest that i can next make the additional top up payment of £500 is June 6th---

However- due too financial help the principal mortgage amount will as usual be paid on time

 

also- in light of what happened on Wednesday--- at any future hearing i will need someone to act on my behalf and talk to the judge as this week i was made to feen totally low...something that i had not expected as i fully expected a suspended possession order...he also said the the mortgage company were acting wthin their rights not to accept arrears payments to be added to the mortgage term--perhaps he is right , but i have no idea why the mortage company would not help in this...

so could you also advise how i may get legal representaion---my own income is probably well below the threshold so would i qualify for legal aid??

Thank you yet again

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Just try to relax there are some Judges out there who do not live in the real world , im sure we can help from what you say there is a very good chance we can suspend the order

 

Take care

Bona

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Guest TaffR

Hi,

 

Have you talked to the CAB/Shelter? CAB can advise and help too.

 

Did you know that you may have a local law centre in your area that deals with cases such as these. For example:

 

Department for Constitutional Affairs -

 

There is another issue and the posters (above) advice in regard to some of these judges is absolutly right. I call it the rubber-stamping effect.

 

If your mortgage is a subprime mortgage then there is good reason why they will not accept 'any' payments towards the arrears and they are not just being biligerent and rude to you. The fact is they cannot but as the courts do not look into this (yet) or indeed hold them accountable to abding by CML/FSA rules of treating borowers fairly and sympatheticaly then it is sometimes an uphill task.

 

It seems you are taking a responsible attitude to your arreas and normally courts like that and so will the CAB/Law Centre etc.

 

My advice is:

 

Prepare a 12 to 36 months repayment plan to show how you will repay the mortagge and arrears.

 

headings:

 

Date - Outstanding Mortgage - Payment - Arrears Payment - Balance

 

Start with the date you first defaulted and show (demonstrate) how since you have started already repaying the mortgage and the arrears and go forward with your plan that you can keep too. Show income too if you have not already done so and sources of income for validation if needed.

 

Send this (by fax if possible) and by post/hand to:

 

The court (asking for them to accept the payment plan and suspend the order for 12 months) They may just give you three. Mention the norgen case.

 

To the claimants solicitors

 

Take with you to CAB and Local Law Centre

 

Ask at the law centre about the norgen case and tell them you wish to apply for the same conditions.

 

To your local MP (by hand if possible)

 

If your family can pay off all the arrears then do so as it is now 'post' first hearing. Then tell the court it has been paid.

 

I have heard but I am not sure that they do not or cannot repossess if the arrears are under 2 months. It may be worth looking at and asking further.

 

If it is a subprime loan you may wish to find out if the mortgage company have any facilities to manage arrears as most do not (unknown to the public and most courts) - see my other posts on this but do not let this at this time be your main complaints but as a footnote of them not having the ability to help or even consider your changes in circumstances and you feel discriminated against as your are a mature and being highly responsible with your financial affairs and to debts as a whole.

 

If I think of anything else I will post again.

 

The people above though are providing you with excellent advice.

 

p.s. most court judges send borrowers to thier local law center as they know in most cases they can get a stay of execution so as to speak.

 

Good luck.

 

Taff R

Edited by TaffR
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TaffR, the application needs to be made on Form N244, the court will not act on a letter or fax.

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Guest TaffR

Yes you are right.

 

Court adminsitration procedure also dictates they must place all correspondences received in relation to the case on file too but you are absolutly correct in using the N244 form.:)

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Guest TaffR

In regard to adding the arrears to the mortgage (capitlisation of arrears etc) mention the norgen case.

 

I once met someone who was sent out of the chamber by the judge [a nice lady one] and told to come back in 30 minutes with a point of law. She could not say too much but told her to tell the court usher exactly what was happenning. She told the usher who told her to mention Norgen, she did and she suspended the order for 5 months. The claimants solicitors were not too happy.

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How To Stop An Eviction

 

The court will not take action to evict you unless your lender asks it to. Contact your lender immediately if:

 

You have not kept up the payments under a suspended possession order; or

The time period given on a possession order has run out.

 

Try to make an arrangement with your lender. If you cannot reach an agreement your lender can apply to the court for a “warrant of possessionâ€?. You should be given a “notice of evictionâ€? by the court bailiffs giving you a date and time when they will come to evict you. You may be able to stop this, but you must act quickly.

 

If you need further time to sell, to find somewhere else to live, or want to make a renewed offer to pay the arrears by monthly instalments you should apply for the warrant to be

suspended on court form N244.

 

This is a general application form available from your local county court. You should fill in the N244 form including:

The claim number of the case.

The warrant number.

The reason you’ve not been able to pay and your new offer(in Part A on the front of the form).

 

In Part B you should tick the box saying you rely on “evidence in Part Câ€?

 

In Part C on the back of the form attach your personal budget or write it out on the form.

Sign the “statement of truthâ€? at the end of the form.

 

Do this as soon as possible to allow the court time to arrange a hearing date and time

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Tks TaffR, we've been using the Norgan case on previous successful suspensions.

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Guest TaffR

About 2 years ago, I had a team of 24 people outside 9 courts handing out leaflets with the norgen case being referred too as one item, over a 3 day period and it does work but not in all cases as sometimes borrowers can be their own worst enemy:(

 

Your advice though is spot on. Thank you.

 

I think you can tell I really do not like the repossession system at all and least of all the subprime market. If only 'one' little snippet of what I post actually helps someone else...then I will sleep well, but also depend on others [like you] to put me right too. There is a lot going on in the background to hopefully change all this.

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Guest TaffR

what is this about?

 

PLEASE DONATE, HOWEVER SMALL, IT ALL HELPS THE UPKEEP OF THE SITE AND HELPS US TO HELP YOU

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.....

Edited by Ell-enn
not relevant

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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Guest TaffR

Your mortgage company state on their website the following:

 

To contact the FSA Consumer helpline, please ring 0845 606 1234

 

If you have a payment plan and already repaying both the regualr mortgage payment and monies to the arrears but having difficulty in communicating with them, not receiving the right level of response, not being provided with a reason they will not accept the offer or any counter propsals of what they are looking for (other than immediate and total repayment) you may wish to give them a call and be ready to either email or fax them your information.

 

You will need to provide all the details of your efforts to arrive at a responsible solution.

 

I don't know if it helps but I do hope it will.

 

B/Midshires FSA number is: 169628.

 

At this point it is 'any port in a storm' scenario and it can't hurt to get their advice.

 

TaffR

Edited by TaffR
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Guest TaffR

They also state....

 

askBM | Mortgages | General Mortgages | Lending Terms

 

You can miss two payments per rolling 12 month period subject to no arrears within the last six months and six consecutive payments have been made since taking the mortgage.

 

Repayment holidays and underpayments are available after the first six monthly payments have been made (subject to terms and conditions).

 

Can you tell me a little more about your mortgage contract, such as type of mortgage , interest rate being paid and any early repayment charges?

 

How long have you had the mortgage and how many monthly payments missed?

 

Did you advise up front of the change in circumstances and what has been their reaction to this or any of your attempts and over what time period?

 

Who have you been talking to about this? Call centre or high street outlet?

 

Can you ask if they employ mortgage advisors and is the person you have been talking too a mortgage advisor?

 

TaffR

Edited by TaffR
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Hi Ell-enn & Bona,

I certainly take on board to leave it a few days and try not to think about...but to be hones since may 14th all i do is think about the 28 days that the judge has given! I can't help it, sick with worry...

 

The judge stated that i would receive the letter from court with the order and also a letter from bailiffs for eviction....do i wait for these first before we start to complete the other forms...

also i'm afraid i'll definately need some sort of legal representaion/spokesperson etc for any future vists- as despite me telling judge everything about future prospectrs to paying of arrears gradually---i still obviously failed as he paid no attention

Thanks again

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Guest TaffR

Personally speaking I would not wait. Legal representation and advice could be provided by your local law centre and CAB. I think most people here sympathise directly with your prediciment and especially when there are childen involved too.

 

Monday, is a brand new day and if you send the form and attachments tomorrow then nothing is lost by doing so. Your payment plan and request for the courts to consider the Norgen case to be applied to your case can help greatly. Could there be a reason why the judge did not consider your repayment plan at the hearing and could it be bettered to get this across to the courts?

 

The Law Centre & CAB in your community can help and advise you as the aim today must be to obtain that 'stay' or suspension order.

Edited by TaffR
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It's best to wait for the order from court before submitting the N244. You will need to show the judge how you are going to pay the arrears, so in the meantime you should do an income and expenditure statement.

 

Kind regards

 

Ell-enn

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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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Guest TaffR

This could actually lose valuable time as it can take a week for these papers to be drawn up and sent out and to get an appointment with the above. You should be able though to obtain the judgement via the PCOL site and take with you and also submit the form on line. The PCOL will be updated by now.

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