Eviction/spml-capstone

[rachebabe1971]

Hi i have been on here before but things have got a lot worse now to start off we had a suspended ossession order last may we were paying fone until december when my husband had an accident and was off work for 10 weeks i had a baby in december and lost my job in august so we couldnt make any payment at all i contacted spml several times asking for help but they didnt even answer me, things got worse when my husband went back to work as his hours got cut to 16 per week and his hourly rate cut he was better off when getting ssp so we still cant pay on saturday morning come we have letters from spml soliciters they are going to get an eviction order because of these arrears the annoying thing is i have a claim against halifax bank for bank charges for £5000 and claimed under hardship ruling but they have turned me down they can see some weeks we only have my maternity allowance of £117 and child tax credits of £32 and if i got these refunded it would clear the arrears i even sent all my paperwork about repssession to halifax for them to see situation we are in anyway we have faced facts we cant stop in the house as my husband still cant find a full time job if he could that would be great but with the recession its not easy finding work so we know we have to go i will have to go to my mums with baby and my husband to his sister till hopefully council can rehouse us i just want to know how long do we have to get our things out of house as we will have to rent some storage space to store all our stuff, going of a bit we have a councul mortgage rescue scheme but this doesnt cover our postcode what a bummer i have an appointment with our councils homeless team so hopefully we can get something sorted about acomodation dont get me wrong we dont want to leave house we have spent alot of money in it but you have to face facts my husbands job being it is cannot pay a mortgage i just wish things had been better as my baby was born in december at start of this and i havnt been able to enjoy her as ive been stressed but hopefully thing can pick up one this has been liftef off our shoulders but then again if there is a shortfall on mortgage we end up back a square one still owingthem money if anyone can give some advice that would be brilliant.

Thanks

Rachel:cry:

[GamekeeperToPoacher]

Hi Rachel,

 

As far as I recall even though the lender has a suspended possession order they have to let you know when they are seeking possession which means that they can't just throw you out.

 

When the relevant paperwork turns up please make sure that you attend the court and ask for their help. The court staff are usually very sympathetic and will do what they can to help.

 

You will need to sort out an argument that will give the judge a chance to give you some more time.

 

Did you attend court last time? If you di you will know that it is not like Rumpole or Judge John Deeds but more like a simple office procedure.

 

I am sure that someone more knowledgeable will be along soon. In the meantime good luck

 

GKTP

[chris600uk]

Are you able to make payments?

If so you could have the eviction warrant suspended.

 

At the present time I am told that the courts are looking for ways to avoid repossessions resulting in evictions.

 

I am in this situation myself, and I found that the local cab was very helpful indeed, although most of the legal information came from this site.

[rachebabe1971]

Hi thanks for your advice but with my husband losing his job we are not able to make payments till he finds work so we are not going to fight it do i still need to attend court i dont know how long it will be till he gets a job im hoping that we get at least a week to get our stuff out ive already started looking at storage space which aint cheap.

Regards

Rachel

[chris600uk]

Hi thanks for your advice but with my husband losing his job we are not able to make payments till he finds work so we are not going to fight it do i still need to attend court i dont know how long it will be till he gets a job im hoping that we get at least a week to get our stuff out ive already started looking at storage space which aint cheap.

Regards

Rachel

 

We are in the same position as you legally I think, and Derek at the cab found a legal reason to extend the warrant. We decided not to fight it because it wouldn't give us any control over the sale of the house.

But if we had needed time to stay in the house, we would have made an application to the court, because you have very little to lose by trying, the caselaw he was going to rely on came from a ruling in 1996 CHELTENHAM & GLOUCESTER PLC (FORMERLY CHELTENHAM & GLOUCESTER BUILDING SOCIETY) v. ROBERT CHARLES BOOKER and SUSAN JANE BOOKER [1996] EWCA Civ 957 (14th November, 1996).

 

As it happens I will be meeting the bailiff to give the keys back tomorrow.

[chris600uk]

Incidentally, we have just had a phone call from the mortgage lender or someone working within the firm to tell us that if we approach the court and asked for more time we will get between one and two months.

 

I hope that helps, let's face it all they can say is no.

[rachebabe1971]

Hi all just to let you know after months of me writing to spml/capstone asking for help and getting no reply they called today to asl what we were doing regarding eviction we said what can we do we are leaving house he said he could try to help us which my husband said it was a bit late for that we have been asking for help for months he aplogised for none of my letters getting replies he also said he could try to stop eviction by putting us through to another department and try to put us on an interest only mortgage but he said we dont normally do that but we want to help you now. We told them to stop calling us and we will be leaving house on our eviction day as we have had enough now one question if anyone could help when we leave house can i cancel my buildings insurance.

Regards

Rachel

[GamekeeperToPoacher]

As I understand it you ought to cancel the insurance

The lender will have to insure the property anyway and you will inevitably be chased for the shortfall which includes all the costs that they can think of to hit you with.

 

Also as the mortgage was almost certainly written in trust they can pursue you for the shortfall for 12 years not 6.

 

Sorry to be the harbinger of bad news

 

GKTP