Eviction 11th August

[StruggleMum]

Hi All

 

I am in a similar position. I have already successfully defended one eviction notice back in February but fell off the bandwagon again due to a serious health scare and unexpected expenditures. I missed three payments but paid them back on 28 July. They are refusing to accept this and want a large lump sum payment to stop eviction on 11 August. I have asked them to capitalise the arrears and to extend the mortgage term (I have 13 years left and am 41). They have refused to consider these options despite the recommendations given by FSA, DirectGov. I feel really depressed as I never seem to get anywhere and am now scared that as we have been here before I will not stop the eviction. Any advice

[Ell-enn]

Hi there, are you saying you paid the three missed payments on 28 July? are you able to maintain payments going forward?

If this is the case then you won't lose your home. You need to enter an N244 at court asking for a hearing for the judge to suspend eviction.

 

Do you have any evidence of your health problem which kept you from making payments? (i.e. were you off sick from work and not paid during that time?)

[StruggleMum]

Hi there, are you saying you paid the three missed payments on 28 July? are you able to maintain payments going forward?

If this is the case then you won't lose your home. You need to enter an N244 at court asking for a hearing for the judge to suspend eviction.

 

Do you have any evidence of your health problem which kept you from making payments? (i.e. were you off sick from work and not paid during that time?)

 

Yes the total of missed payments was £2331, I paid £2340 on 28 July but they would not accept this as and want a larger lump sum payment. My mortgage payment is also due to reduce by £124 from 1 October due to coming out of the fixed rate lock in period which they have written to me about but will still not accept my offers. It seems that rather than look at all options they would rather see myself, my two children and my pensioner mother homeless. They have also not sent me an up to date statement of my account.

[Ell-enn]

Strugglemum, we are going to have to act fast if you are to put an N244 into court to get a hearing before 11th August. I can help you with the form but you will need to stay on line while we get it done.

[StruggleMum]

Hi thank you for coming back to me. I completed the N244 myself and am having representation from Mortgage specialisets. I has cost me to have representation but I think it is worth it in the end if it means I get to keep my home. My hearing date is Monday at 9.30am and I will let you know how it goes.

[Andrew66]

Strugglemum, any news?

[StruggleMum]

Hi there - sorry for the delay in updating everyone but I took some time out to spend with my boys.

 

I went to court on Monday. The Judge asked when the last payment was made and for how much and the reasons why I had fallen behind. I explained the situation and told him that I had paid £2340. He couldnt understand why when I was back up to date Capstone had gone for eviction and when he asked for their argument and was told there was no evidence I could pay he laughed and said she has just paid £2340 what more evidence do you need. He basically threw the case out and suspended the order on mortgage payment plus £50 per month towards arrears. I was so relieved as you can imagine. I went armed with all the information I had received from this site but actually didnt need any of it as the Judge appeared to be on my side. Thank you all for your help and support. However, I do feel strongly that this company is getting away with this situation that I am thinking of complaining to either the FSA or Financial Ombudsman about their treatment of their borrowers in arrears.

[Ell-enn]

Well done! you must feel so relieved.

You said you had representation - did they go to court with you?

[StruggleMum]

Yes they did come with me albeit I did have to pay but my Uncle kindly lent me the money. As it turned out I didnt need him really but it was nice to have some support. I was talking to the chap afterwards and he has acted in these cases many times on both sides. He said that the one thing I did that was good was to pay the £2340 despite the fact that Capstone didnt accept it to stop the eviction, in fact they didnt want me to pay it but I did in any event. Apparently by doing this it showed the judge that I was trying to pay and helped my case. I really feel quite strongly about this company though as it seems they are doing nothing to help people despite government and FSA guidelines that lenders should be doing all they can to help borrowers stay in their homes.

 

The whole situation was so stressful to the point that I almost gave up and to think if they had only been more reasonable it could all have been avoided and obviously now I will have more charges for court etc lumped on to my arrears.

[hilaryfrances]

I understand from what people have said, that judges are inclined to go for the common man rather than a big bullying institution. Glad you have won your case and I wish you well for the future, take care Hils

[Guest wino]

Hope you had a good time with your boys after all the stress. Wishing you all the best for the future and hope all comes well in the end.