warrant of possession

[julius_caesar]

I am in arrears by 1600 to my second lender but have no problems with my main mortgage lender.

 

They are a right bunch of crooks and have applied for a warrant of possession which I am waiting to receive.

 

I have offered to pay off in installments along with my monthly payment but have been told that I have to pay at least half before they will consider it. I've completed income and exp and everything with them.

 

They won't let me pay the half now as they are waiting to see when the eviction date will be before telling me what amount I need to pay to get to a level to pay in installments.

 

It's almost like they are stalling me and won't let me make an arrangement until it's too late.

 

This sounds strange to me and I wondered whether anyone had advice or whether this follows a standard process.

 

Also how long does it take for an eviction date to come through from the time when the company applies for it. they told me we don't need to go to court as the court already gave them the right to issue when I had arrears some years earlier even though that time I paid off the arrears in full so the warrant should have been cancelled for good shouldn't it? Can they keep a warrant in reserve in case I fall in again?

 

And don't the first lender have a say in repossession if they are happy with me? The difference in loan amounts is huge £174K (1st) v. £25 (2nd). Surely they have a right to speak before the house is taken away and sold.

[Ell-enn]

Hi there, try not to worry too much about the eviction warrant - if they do issue it you can easily defend by entering a N 244 form at court to get a hearing to suspend based on the fact that you can make payments towards the arrears. We can help you with the N 244 application

 

Who are the lenders?

 

You need to write to them, by recorded delivery, making your offer of payment and enclosing a cheque for the amount you wanted to pay them.

 

If they do issue an eviction warrant you will be able to show the judge that you tried to come to an arrangement. You would also report to the judge that they refused to take a payment from you.

 

If your first mortgage is up to date, you have nothing to worry about.

 

If you need help with a letter etc please let me know and I'll draft one for you.

 

I'll move your thread to the Repossessions forum.

 

Ell-en

[julius_caesar]

Thanks for your help - it would be good if you could help with a letter.

 

I'm worried about timing though as they've kind of sprung this on me without wanting to discuss the arrears - gone straight to possession as it were.

 

 

 

I'm sure that there is something wrong with the way they are acting. It's very suspicious to me. I would have thought they would be happy to accept a payment and an arrangement to get the thing sorted.

 

Anyway, as you say perhaps a judge will see things more clearly.

 

How long before I should hear about a date - have you got any ideas?

 

thanks again for your help.