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Please help, I have just received a Notice of Evicition


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Hello,

 

I have just received a notice of eviction from Uxbridge County court for the 7th of July!

 

Has the date been changed?

 

See how the hearing is going and if necessary mention it - take the paperwork for that with you as well.

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Sorry, I mis typed the date. It was supposed to be 9th not 7th. I'll take the paperwork for the £20k case.

 

Do you know what the procedure is tommorow? I'm pretty nervous. Do you know what the judge will ask me?

Edited by ineedmortgagehelp
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You should arrive at the court in plenty of time. If there are any free legal representatives there, approach them and ask for their advice. They can accompany you into the hearing if you wish. Sometimes the representative for the other side will ask to speak to you, it is up to you whether you do or not (but don't give anything away or agree to anything with them) and if you feel intimidated at any time, just end the conversation by saying you would rather wait for the judge to decide.

 

The hearing will take place in a private room with just the judge, you and a representative from the other side. It is usually conducted around a table, like a meeting. The public are not admitted. The judge will know that you are nervous and they are usually very good at guiding you through the process. If you have to address the judge it should be Sir or Madam – As you are making the application the judge will speak to you first - don't interrupt them! He/she will most likely just speak about what you have put in the N244. The judge will then speak to the other side's rep and then give the order. The whole procedure should take no more than 5 or 10 minutes.

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Hi Ell,

 

I've justy come out of the hearing. THe judge noted everything I said and listened intently to the lenders solicitor. Then he refused my application on the basis that the lender will not be paid until I start my new job on September! :(

 

I pleaded with him and he kept refusing. I asked if I can appeal, he said yes but he then said he is refusing leave to appeal.

 

Can I make a new application to suspend the eviction tommorow?

Can I appeal his original decision?

Can I stop the eviction tommorow?

Can I ask for more time to leave the property, I wont be able move all my belongings by tommorow 9.30am?

 

I'm so scared

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Hi there, you can appeal to a circuit judge, but I think you need a solicitor for that. I'll be back shorltly when I've made some enquiries - best bet is to ring Shelter and tell them it's an emergency, they may be able to help you with it.

 

Ring them now. 0808 800 4444

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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So sorry to hear your news. When I was evicted, they say by law you have 14 days to remove belongings. It's impossible to move everything out in such a short time.

 

Agatha c

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So sorry to hear your news. When I was evicted, they say by law you have 14 days to remove belongings. It's impossible to move everything out in such a short time.

 

Agatha c

 

I think that this applies to the date it was served on you not from the hearing....

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Ell,

 

I just spoke to the court staff again. They said that the judge has stated in the order that he has refused leave to appeal. So they said I can appeal against the refusal of that decison only, if i am successful they said I can go to the high court do appeal against the decision against not suspending the warrant. This will cost £150!

 

Do you think I should make another N244 application for a suspension of the warrant due to a increased payment proposal. I was thinking of offering £350 per month towards the arrears and to clear the remaining arrears within two years by the sale of the property?

 

I have until 3.30pm to submit either form and the battery on my laptop is draining. Things are going from bad to worse :(

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i don't know if i did the right thing, but i made the second application to suspend tomorrow's eviction. i increased the contribution to arrears to 350 and said i'll repay the amount by the sale of the property within two years.

 

if all else fails would they give me time to move out? all i need is a couple of weeks to sort myself out, before i get thrown out by the bailiffs

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Hi - I was so sorry to read your news:(

 

I think the judge's problem was that you wouldn't be able to make any payment at the moment as you haven't started your job therefore the arrears will get worse before you are in a position to start paying.

 

Is there no way you can get some money together to offer in the meantime - silly question, I know - but this is an emergency situation - perhaps family or friend could help?

 

If you were able to pay something then there is case law which might be of use at the next hearing (when is it?) The case law is:

 

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.

 

Ellx

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OK, you need to take a statement like you did today - I've affixed one for you.

 

Attach a copy of your job offer letter from your new employer.

 

Hope it works for you.

 

Ellx

Ineedmortgagehelp Statementfor Hearing.doc

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Hi

 

I really REALLY hope you've not been back on line yet cos you're out celebrating somewhere??? & you're gonna update with a hangover & good news!?

 

DeH's xx

 

ps - if not then just remember no matter how much this is taking over your life right now (and I DO REALLY UNDERSTAND my date's the 20th July & my case not as strong as yours) it is only bricks and mortar not your health (ok it's not great for your health but you know what I mean) that good health & time are soooooooo much more precious than money buildings etc

 

& that "one hundred pounds worth of fret don't pay one pounds worth of debt" an old Jamaican saying that my daughters grandad has always quoted & it's helped my sanity!!

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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Hi All,

 

I'm really sorry I haven't been online since Thursday. I was evicted last thursday as the court refused my application to suspend for the second time. I also was refused a stay for 7 days to remove my belongings.

 

The judge wasn't impressed at the hearing. In fact, he looked at my file in detail and saw my level of arrears (£58k) and realised that I missed 47 months mortgage payments. Baffled he looked at the file for about 10 minutes and sterningly asked whether I had any legal training. I had to be honest and disclosed I had did have a legal background in Commercial Law. He said he thought so, because i had managed to keep Abbey out of court on a legal technicality for the past three years.

 

He implied I was abusing / manipulating the process and my application amounted to a de facto appeal against the previous judge and he said that I had 'prejudiced' Abbey by preventing them taking the matter to court much earlier since 2005.

 

Well it's not my fault that Abbey's team of highly paid lawyers couldn't find their way out of a paperbag for the last 4 years!

 

Anyway, the guy sided with Abbey and throw the application out of court.

 

In all honesty, I do feel somewhat relieved that it is all over. The property was worthless as it's in serious negative equity. I realised on the night before the eviction I could rent a much better house in a better area for less the mortgage repayment.

 

I guess everything happens for a reason!

 

I would like wholeheartedly thank Ell for all her help the past couple of weeks. She has been an absolute godsend.

 

I would also like to thank everybody else for their support and kind words.

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Hi, I'm truly sorry to hear you couldn't secure any more time - it must have been very traumatic for you and I can't begin to know how you must have felt. However, at least you know you did everything possible but given the background I'm sure you knew it was only a matter of time:(

 

I applaud your strength in carrying on your fight to the last minute - I only wish there was something else we could have come up with to give you a bit of breathing space. Where did you go after the eviction? and have you found a new home yet?

 

Ell

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Oh mate I'm truly sorry............

 

& your right everything defo does happen 4 a reason (even if it's damn hard to find sometime!)

 

as a BTW - 2 people I know have recently had their homes repo'd & 2 weeks 4 one later & 4 weeks later for t'other & no one's been to change locks/ collect keys etc so can u not still get your stuff??

 

i was kinda demented not so ago feeling really fed up cos of paying my mortgage for the last 11 years sacrificing holidays for home improvements etc - the usual rubbish we all do...

 

then when i touched base with close family & friends (i'd kinda ducked out on most of em deciding my yuck mood was best not inflicted on others) i learnt that my godson is in crown court for a crime he didn't commit & could get 3 years (complete travesty of justice but that's another story), one of my best friends is about to go through a yucky divorce with 2 v small children, & my poor brother-in-law & his wife have been trying to conceive for the last 4 years & have re-mortgaged to the hilt....

 

all of this humbled me 2 say the least i have my health, my daughters & a reasonably healthy marriage (all things considered)

 

so i agree with u & i like your attitude/outlook ........'k sera sera' (NOT a clue how to spell this!!) what will be will be

 

big love DeH's x

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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  • 2 weeks later...

Thank you Ell-enn and Deh,

 

Sorry I haven't been here for while. Well, I went back home to my parents house that day. I guess the safest place is your family house! :)

 

I've made a appointment to collect the rest of my items next week. I could then put closure to this horrible chapter of my life.

 

My family have own a flat in central London I could stay in. But I don't feel like going back to London.

 

I think this repossession has been a wake up call. I went to the Australian Embassy got a visa and plan to go work and travel over there! I guess the stress of the arrears, phone calls, letters, court dates and hearings and taking its toll. I feel free to explore life again and guess i'll be heading out for a long trip down under. At least the property prices are cheaper! :)

Edited by ineedmortgagehelp
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Hi I

 

Your last entry made me smile!! Good luck!! xx

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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I know you may feel relieved about the fact that there is closure - but I am afraid that wont totally happen yet until the property is sold and then they work out what your remaining debt is - and that will be a large amount by the sounds of it - you still need to know what happens after the possession as they can still pursue you for the monies in the future. I know you can not pay now but what about in years to come?

 

Not trying to be pessamistic but it may not be as simple as just walking away?

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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