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urgent, eviction 2nd November


abbie-jo
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I have an eviction date set for nov 2nd, i applied to the court to suspend this, however due to the amount of evictions my lender applied for ( 7 in total, however 4 of these were cancelled as i paid off arrears, 2 suspended by district judge) the judge dismissed this case and i was given till the 2nd nov to find alternative property. i have a 9 month old daughter and 18 yr old daughter at home with me, i have registered with letting agencies however i have not had any calls regarding suitable properties available. When i attended court a few weeks ago i had asked in advance for a desk advisor to assist me, i was told there would be one there, however when i arrived no desk advisor had been arranged. I felt the judge did not listen to anything i had to say or the evidence i had showing my benefit had been reduced wrongly and this would be changing within the next few weeks to enable me to pay the warrant up to date, i also tried to explain to the judge that i had a meeting arranged with city of sunderland housing options team as i met the initial criteria for Mortgage Rescue Scheme, however his reply as i tried to explain was " Mortgage Rescue wont work" the eviction was actually scheduled for the day i was at court however he allowed me 2 weeks to find alternative property. i also wanted to explain to the judge that my lender had not informed me of the eviction, i only knew when the bailiff came, my lender in actual fact sent me a letter dated the 22nd of SEPT confirming that the 21st SEPT was the eviction date, i contacted my lender when i recieved this letter on the 26th but i wasnt given an explanation as to why i recieved this. i informed them of my benefit increasing and that the warrant would be brought up to date. they did not inform me that they had applied for another evicton. i now have recieved letter from lender stating i may still be able to keep my home if i can make an acceptable offer to pay off some arrears and set up an agreement for future payments. i spoke to them yesterday and asked if paying £2,000 off arrears (total arrears £5,000, and i think £3,000 of that is costs added,) would be acceptable, was told bluntly "NO, we are continuing with eviction" i explained that i recieved letter asking for acceptable payment, but was told,"that is automated mail and everyone gets them" i stil lhave no where for myself and 2 daughters to live and there is no way i could find £5000 to stop the eviction going ahead, is there any way i can ask the court for more time to find somewhere without making things worse? im not sure if this is the type of advice you offer but any would be grateful.

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Hi abbie-jo

 

Was the Judge made aware that you have 2 young children and that they reside at the property?

 

I've flagged this up for one of the site team.

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Hi there, you can appeal the decision by asking for a hearing with a circuit judge - however you will needs lots of evidence to show how you are going to pay the arrears. You need to complete an N161 form and take it to your local court. You can get the form here www.hmcourts-service.gov.uk Select Forms and Guidance from the menu on the left hand side and enter N161 in the box at the top. You can then download the form and print it off.

You should also contact Shelter - 0808 800 4444 they may be able to provide legal help for you with the appeal hearing. Their number is usually quite busy, but please keep trying - their help can be invaluable.

Hope this helps

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hi, the judge was aware of me having 2 children at home, he was the same judge i had a hearing with previously and that time was sympathetic, however i stupidly told him then that i would pay the warrant up to date by the end of that week, i intended to use money backdated from a mistake by the DWP reducing my benefit to £41 per fortnight, in actual fact that has only been sorted this week and i will recieve backdated payment next week, i have contacted shelter today via email and im awaiting a reply. i spoke to The Advisory when i returned from court asking advice, they told me that it was almost impossible to do anything other than pay the arrears off in full, they also said that very rarely will a judge be told he made the wrong decision, before i complete N161 can anyone tell me what the chances are of me being able to either come to an arrangement with lender or ask for more time to find somewhere, the reason being, my whole days are now taken up with looking for alternative accomodation and if there is a chance that the court wont change anything i would rather carry on looking for somewhere.ive registered with every letting agency in my area but as yet there is nothing.

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Hi abbie

 

I don't think anybody can answer that question. It's getting the bank and judge to see reason. I think it's well worth trying. I think the other thing to do is contact the

Council, ask to speak to Housing Officer see if they can assist in any way. Also I'm not sure if you would qualify,

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/On_a_low_income/DG_10018856

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Did you try phoning Shelter? given the short time you have to sort this it would be best to actually talk to someone.

Help us to keep on helping

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

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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