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Eviction date of MOn 15 12 2008 - with only 5 working days notice? ANy help much appreciated!


sophouse26
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Did you tell them it was tomorrow? Don't speak to them again and don't answer their calls - certainly don't do their work for them by telling them what is in your statement.

 

Try and relax a bit if you can, you need to keep calm for tomorrow. Have you been to a court hearing before?

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I just said i was taking it back to court tomorrow (they don't know that a judge is available). I went in dec and then for the 2nd time in january as the order was suspended until the 16 th of jan on the proviso that jans payment was made so in short yes but am more nervous this time as its the 3rd time and am thinking the judge is going to get fed up seeing this case!!

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The judge will have seen so many cases since January that he won't remember yours :)

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OK, stay positive and shout if you need some support :)

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Well we went to court today for our hearing and reqeusted that the judge suspend the posession order and basically he laughed the mortgage companys legal rep out of court!!! The solicitor stood there with completely the wrong figures ( luckily our statement from jan - may came through in time) and when the judge asked how much we were in arears the solicitor siad contractually 1 month ( going off the payment being due on the 1st which it isn't as theya greed the 25th of each month) but technically nothing????!!! The judge asked who the lending company were becasue on one document it says db mortgages and then the rest say wave lending ( who are wave ledning we have never heard of them). It was so funny becasue by the end of it their solicitor was seeming to be defending my case??!!!

The judge upheld the suspended order as long as payment is recieved bythe 1st of the following month!!! Hurrah we stuffed the other side who had no real case and completely no defence!!! Thanks so much to Ell-enn -she was brilliant as always!

 

Our advice to everyone is to keep records of eveything, get everything in writing and don't be afraid to go to court - it's not as bad as it seems! As long as you can prove you can pay or your circumstances are going to change in the immediate future you have something to fight with :) The judge was very nice and he even said that he was lookign to suspend the order from the start anyway as we put such a great defence statement across ( again thanks to Ell-enn).

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That's Brilliant News!!! I'm so pleased for you, and WELL DONE for being so brave and standing up for yourselves. Glad to hear you got a sensible judge (2nd one I've heard of today!).

 

I love it when the other side gets a "slap" from the judge:D

 

Hope you can now relax - put your feet up and have a glass or two tonight:)

 

Ellx

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Soooooooooo very pleased 4 u, Ell en is the dogs b***** !!!! She saved my girls bacon with her calm word of wisdom, she really does take the panic and fear away, take care peeps

 

Lilylou

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LilyLou

 

 

 

 

 

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Any advice/comments I give are based solely on personal experience, if in doubt please consult an expert.

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Wel done again. jusice has been done and I hope eventually you can get away from this company and then put in a claim for the arrears charges.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 4 months later...
Well we went to court today for our hearing and reqeusted that the judge suspend the posession order and basically he laughed the mortgage companys legal rep out of court!!! The solicitor stood there with completely the wrong figures ( luckily our statement from jan - may came through in time) and when the judge asked how much we were in arears the solicitor siad contractually 1 month ( going off the payment being due on the 1st which it isn't as theya greed the 25th of each month) but technically nothing????!!! The judge asked who the lending company were becasue on one document it says db mortgages and then the rest say wave lending ( who are wave ledning we have never heard of them). It was so funny becasue by the end of it their solicitor was seeming to be defending my case??!!!

The judge upheld the suspended order as long as payment is recieved bythe 1st of the following month!!! Hurrah we stuffed the other side who had no real case and completely no defence!!! Thanks so much to Ell-enn -she was brilliant as always!

 

Our advice to everyone is to keep records of eveything, get everything in writing and don't be afraid to go to court - it's not as bad as it seems! As long as you can prove you can pay or your circumstances are going to change in the immediate future you have something to fight with :) The judge was very nice and he even said that he was lookign to suspend the order from the start anyway as we put such a great defence statement across ( again thanks to Ell-enn).

 

my god, what a saga!! I so wished I had found your thread earlier. I'm also with DB - they are monsters, threatening to evict at moment's notice (I've had five eviction notices from them and am expecting another any day now). Did you ask them to capitalise the arrears into the mortgage? My situation isn't identical to yours (I have a thread about it) but you've given me hope I might be able to battle DB back. i'd love to get another mortgage elsewhere but, given the current financial situation and my credit rating, I think I'm stuck with them. Well done for taking them on!!!

 

CXX

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