HELP!! Eviction Pending

[sted75]

Hi,

 

Can anyone give advice...... We were given a suspended order back in the summer when I lost my job, at the time we couldn;t stick to the payment arrangement that was set and LMC threaten to take us back to court, however we managed to pay the arrears on the suspended order but ran up further arrears shuffling money to pay the suspended order. We currently owe about £5700 in arrears, but have made the last two monthly payments and are now in a position to keep paying them. However LMC have told us there is an eviction pending and they have applied to the court for an eviction warrant.

 

I have looked at various options but we only have about 8-10% equity therfore failing to come up with options.

 

Does anyone know how long the process takes to get back to court to eviction, secondly is there something we can do to delay, while we try and sell or something.

 

We really dont want to leave our family home and probably like most realise the extent of the problems we have created ourselves, if only we could turn back the clock now we relaise the error of our ways.

 

If you can please help and give advice?

 

Thanks

[OLIVE.FAMILY]

Hi their sted75. Dont worry with all the help from the guys on here I am sure that you will be fine. First thing you need to do is to write to your lender explaining that you can now keep up repayments and offer them something towards the arrears each month. Back this up by including a budget sheet. See what they say to this. If this fails then at least you have some evidence that you have tried to come to an arrangement. Do you have children???

 

It is so much harder just to evict people these days the government has nmade it harder for lenders to do this and judges really do not like lenders who are not prepared to negotiate.

 

Hope this helps

 

olives xx

[Ell-enn]

Hi there, the main question is - are you able to make normal monthly payments plus an amount towards the arrears each month, and would you be able to sustain those payments going forward ?

 

If the answer is yes then you won't be evicted - if they issue a warrant for eviction we can help you to defend it by applying to the court for a hearing to get the judge to suspend the eviction on payment terms.

 

If the answer is no - you can still apply to the court for time to sell the property, but you would probably still have to make payments during the time you were selling.

 

Let us know how you wish to proceed and we will help.

 

Kind Regards

 

Ell-enn

[sted75]

Ell-en,

 

Thanks for the respnose, we could mange about £250 - £300 extra a month as well as the normal payment. Is it still possible to stop the evinction order then? As we have not met the orginial suspended order?

 

Thanks

S

[Ell-enn]

Hi there, as you have not received a warrant for eviction yet, the best advice is to send a letter to the lender with a budget sheet asking them to consider your payment offer. If they do go to court, the fact that you asked them to consider this will stand you in good stead.

 

When (if) you receive an eviction warrant we can apply to the court for a hearing to stop the eviction. If you are able to show you can afford to pay off the arrears by additional payments each month you will be OK.

 

You should only offer additional payments that you can maintain, you need to take into consideration unexpected bills, or maintenance and repairs. If you owe £5,700 then £200 - 250 per month would be reaslistic - i.e. under 3 years to pay back. Most judges would be happy with that.

 

If you need me to draft a letter for you just let me know.

 

I have affixed the budget sheet we use for you to send to them (you would need to send this in with your application to court also). Remember that the amount you are offering each month in addition to the normal monthly payment is the amount left over after everything else has been paid.

 

Ell-enn

[mandybird]

hi im hoping someone can help me

 

my boyfriend has got into a mess with his mortgage payments due to lack of work.

facts....

he was 3k behind on payments last year, it went to court where it was agreed with the judge that he could pay the monthly payment plus 500 cover the arreas, he did well with this up till november time when work dryed up again (he is a builder)

he is now 7k in arreas (total) and has received an eviction notice for the 3rd april, ( he did not receive notice that they had applied for one)

he has spoken to the mortgage company last week prior to receiving the eviction notice and agreed to pay 2.5k by end of this week then a mortgage payment begiing of april then a mortgage payment and 100 towards the arreas in begining of may... he put all this in writting to them, and asked that they would send in writting and they said no need to as is on there system.... are they just trying to take money off us then evict us anyway..... its so hard to think when you thought you had sorted with them and then comes an eviction notice on the door step stamped by the court... please help

xx

[Ell-enn]

Hi Mandy - firstly, can you start your own thread in Repossession please - that way it won't get muddled up with the info in this thread.

 

You can defend the warrant for eviction by entering an N244 application at court to get a hearing in order to have the eviction suspended. I can help you with that.

 

Who is the mortgage company? Is your boyfriend able to make the payment at the end of this week that he agreed with them? Did he send his letter to them by recorded delivery and do you have a copy of the letter?

 

Ell-enn

[sted75]

Sorry haven't been in touch for a while have been trying to sort arrears, however we have now been given an eviction date of the 30th April, can we still apply to stop this? We have masde the last three payments on time an can probably afford to repay an extra £200 - £250 on top of that

 

Thanks in advance

 

Steve

[Ell-enn]

Hi, you can apply to the court for a hearing to suspend eviction. This is done on a N244 form which you will need to take to the court asap. As you have maintained payments over the last few months and can show you are able to make them going forward you shouldn't have a problem.

 

I will be back on line later today and can help you with the form. In the meantime I have affixed a budget sheet which you will need to affix to the form showing you you are able to afford the payments. When filling in the budget sheet remember that the amount you are offering each month towards the arrears is the amount left over after everything else has been paid.

 

Back later.

 

Ell-enn

Budget Sheet.xls

[sted75]

Thanks for the update ell-enn, I have filled out the budget tracker, and now need to fill out the n244 do we need to send a ltter with this also, could help explain the process now.

 

Thanks

 

Again Steve

[Ell-enn]

Hi there, you can download the N244 here: www.hmcourts-service.gov.uk.

 

Click on Forms & Guidance from the menu on the left hand side and enter N244 in the box, you will them be taken to the page where you can download and print the form.

 

I am at work at the moment but will be back later this evening to help with completing the form. There is no need to send a letter with it Q.10 of the form gives the opportunity to explain your circumstances, and I can help you draft a statement to go with that part.

 

Ell-enn

[sted75]

Hi Ell-enn

 

Thanks for that, I have got form, once completed can you tell me what the next step in the process is, do we need to ask for actual hearing or telephone hearing, do we take the form direvtly to the court?

 

Thanks

 

Steve

[Ell-enn]

Hi, once the form is completed you will need to take it to the court by hand (there is also a fee of £35.00 to pay when you take the form). The court staff will give you a hearing date there and then. You will need to attend the hearing.

 

I need some info so I can draft your statement for Q.10 of the form:

 

Is the mortgage in joint names?

Do you have any children living at home?

Did you write a letter with your offer of payment as suggested in a previous post on this thread? if so, did you keep a copy?

What was the reason for missing the payments under the suspended possession order?

 

Ell

[sted75]

Hi Ell-enn

 

Thanks for this....

 

The mortgage is in joint names

 

We have one six year old child

 

No we didnt send the letter, have written it and was going to send recorded delivery this week, but we had the eviction order come through, so came straight back to here.

 

Original suspended order was based on me paying the arrears off when I was due to be made redunant however this didnt happen and I ended up leaving to take on new job so didn't get the lump sum. However both working now and I have been sorting out finances so we can now afford to pay the mortgage and an extra £250 a month towards it. We have made the last three or 4 payments to LMC

 

Thanks

 

Steve

[Ell-enn]

Hi there, are you sure you can afford £250 per month? that's quite a lot - you need to think about emergencies that you might need money for, car or boiler repairs etc etc.

 

You don't want to put youself into a position where you might not be able to pay that amount one month and then you would be facing another eviction order. Have you accounted for emergencies in your budget sheet? If not you should seriously think about reducing the amount to £150 - 200 extra.

 

How much are the arrears? and how much have you paid the last 3 or 4 payments i.e. how much is the normal payment and how much did you pay towards the arrears? also, what were the dates of these payments?

 

I will make a start on your statement for Q.10 of the form and post on here tonight. I have to go out tonight but will check in when I get back (around 10.30 - 11.00pm).

 

In the meantime these are the instructions for completing the rest of the form:

 

1. Your names

2. Tick Defendant

3. Suspension of eviction payment proposal offered.

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant believes

Sign and cross out all options except Applicants

11. Sign and cross out all options except Applicants. Enter your address and contact details.

 

Back later.

 

Ell

[sted75]

Hi Ell,

 

Thanks for the message, I have allowed some extra but lets say #200 to be on the safe side. The arrears are #5700, we have just been maitaining the monthly payment at present.

 

Cheers

 

Steve

[Ell-enn]

Hi there, can you list the dates of the last 3 or 4 payments please as I will need to put that into your statement.

 

Ell

[sted75]

4th April

12th March

4th February

[Ell-enn]

Hi there, affixed is your statement to go with the N244.

 

You will need to insert the information where I have put XXX's at the top (the info will be on the eviction order), and also where I have put XXX's for your name.

 

On the budget sheet write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

You should then have:

 

N244 form

Statement

budget sheet - Appendix 1

 

Take a photocopy of all of it as you will nedd a set for yourself on the day of the hearing then staple securely together.

 

Any questions, just shout. I will be back later tonight.

 

Ell

Sted 75 N244.doc

[sted75]

Thanks Ell,, will let you know how we get on. Will it take long to get a hearing date?

[Ell-enn]

When you take the form to the court they will give you a date then, I would imagine it will be next week - you should take the form as soon as possible - remember there is a £35 fee to pay and take a copy of the eviction warrant with you.

 

Let us know when the hearing is.

 

Stay positive.

 

Ell

[sted75]

Ell,

 

Thanks so much for your help and advice. The hearing was at 10am today and our proposal was accepted and the eviction warrant suspended.

 

Thanks again so much.

 

Ste

[Ell-enn]

That's Brilliant!! I'm so pleased for you, well done for being brave. I hope you can relax a bit now