Help me Repossession and Eviction

[shabbafret]

Hi can anyone help me my friend has been to court in dec for a Repossession order on a loan on the house, she was given 56 days to sell the house in the middle of dec .who is gonna buy a house in dec .anyway she got a letter from the court saying , not that she has to go back to court after the 56 days are up, wich is what she and her 3 kids were expecting. but she has to be out of the house at that point.on the 8th feb. this was never said when she went in dec ..there is equity in the house also there is a small morgague on the house can anyone please help me get some more time so she could sell her house and then pay off the debt ...

[Ell-enn]

Is it an eviction notice she has received?

 

Is she able to make any payments until the house is sold?

[shabbafret]

she could pay some and offered to pay £100 pound a mth but they said £600 on top of the other mortgage and yes an eviction notice

[shabbafret]

opps her and her three kids were not expecting the letter saying they will have to be out of there house they have lived in for 16+yrs they thought they were going back to court after the 56 days to ask for more time but it seams like that option is now not there can anyone help hold the eviction off just untill she can sell the house can i do anything i dont have much money but i will do anything to help ..thanks all

[shabbafret]

I was just reading some of the other threeds wow lots ... would a N244 help her

[Ell-enn]

Hi, the best option is for her to enter an N244 form at court asking for a hearing to suspend the eviction until such time as the house is sold - I can help you with the application and there is some case law which might help support this, but she would have to be able to make some payment each month until the house sold - would she be able to do that?

 

 

Can you give a bit more information please?

 

Is your friend a single parent?

Is the mortgage up to date?

How much are the arrears on the loan?

How much is the monthly payment on the loan?

 

Has she investigated the mortgage rescue scheme?

[shabbafret]

ok thanks she is a single parent 3 kids 2 at home 1 at collage 18 yrs the other 25 at uni living at home the other 23 living away at uni

her mortgauge is interest only and is up to date

her loan was for 40,000 but now 55.000 to pay off

she did not pay any full payments on the loan after her husband died

she had an ombedsman look at the case and because she signed to say he had never been in hospital they would not settle the loan after his death

they want 600 a mth she paid 100 pounds a week before she went to court but that does not matter they said

i could help maybe set up a derect debit i dont know ...

[Ell-enn]

How much is the normal monthly payment on the loan ?

What company is the loan with ?

[Surfer01]

Post seems to indicate that there was PPI on the loan. Can you verify this?

[shabbafret]

The monthly payments on the loan are £600 The interest only payment is £230 she earns about £900 a month has a little from widows pension not a lot

ppi will find out as the ombesman ruled in there favour saying they do not have to pay as her husband and her signed saying they have not been in hospital before the date of the signing so they said that they do not have to pay the loan as they had been to the hospital two times before ..

[shabbafret]

Hi i may sound a bit thick i have printed a blank form N244 and we are not sure what to ask the court for ... my friend needs more time to sell the house the judge has ruled she has to be out of the house on the 8th feb because of a loan .but i could sell the house and pay it off .four people came around to see it today . could i put it up for auction would that mean that i can stay

[Ell-enn]

Hi there, if you can show the judge that the house is up for sale (estate agents paperwork, advert etc) and quote case law, then you have a good chance of getting the eviction stopped.

 

If you can be on line tomorrow I can help you fill in the form and draft a statement to go with the form - is that ok?

[shabbafret]

Thanks that will be great will be on about 10:30 till about 12 then 4 till 7:30 ish cheers

[shabbafret]

will be on around 4pm today sun thanks

[Ell-enn]

Was the loan arranged through a broker? if so did they fill in the PPI paperwork? it may be that the PPI was mis-sold.

[shabbafret]

she says that Citifinancial were the people we had the loan with and it is them that are talking me to court ..but Sterling are the ones we had the ppi or death benefit with and citifinancial did it all never met anyone from Sterling . the fact that we signed the paperwork stating that we had not been in hospital for any reason before the date of the signing .but in fact was proven by Sterling that in fact he had so then the ombudsmen ruled in Sterling's favour so the never paid out .while this was going on i never paid anything off the original amount of 40,000 .after the ombudsman's ruling they sent me back my Premiums i had paid total £600 which i have cashed ... then with out warning they said i have to pay £660 a month .i said i could not afford this sent them a income and expenditure form stating that i could pay £100 per month they said no.. wallers solicitors then were involed and said no.. so we went to court on the 16th dec 2010 and were told that we had 56 day ruling going back on the 8th feb so now is now and the eviction papers came through and she has to move out on the 8th feb 2011 ...

[shabbafret]

What do i ask for on the form N244 i want to stop the eviction so she can sell the house do you think we should go for miss sold and unfair charges before repaying all the amount they want as i don't even think that they have frozen the interest it seems that there is not enough time

[Ell-enn]

OK, I can draft a statement asking for more time to sell the property, but you will have to make some payments during that time - what can you realistically afford ?

 

Do you have any paperwork from the estate agent to prove the house is for sale?

 

Do you receive a widow's pension from your late husband's employer?

 

We have plenty of time to get the N244 done - it needs to be as good as we can get it so please don't feel the need to rush it - if you get it into court in the middle of next week that will be OK.

 

The instructions for completing the rest of the form are below - I will write the statement to go with Q.10 so just tick the box for "statement affixed".

 

1. Your name

2. Tick Defendant

3. Suspension of eviction to allow time for property to be sold.

 

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

 

Sign and cross out all options except Applicant

1. Sign and cross out all options except Applicant. Enter your address and contact details.
   

[shabbafret]

She can afford £100 a month ..is this enough? . yes we have paperwork eg picture... just a widows pension from the state..

[shabbafret]

yes please if you could draft a statement that would be great thanks ...

[Ell-enn]

OK, will do

[shabbafret]

Her £100 If this is not enough i haven,t got a lot but i will give some every month if needed. so her £100 and maybe i can give £100 would that be enough .

[shabbafret]

I have to go to bed now but i will be on here after work tomorow about 7 pm i will make sure she fills in the form as you have said thanks for all your help ...

[shabbafret]

The application notice is asking for my ref where would i find that?

why can i not get a settlement figure over the phone from there solicitors (wallers)

[Ell-enn]

You don't need that - just fill in the details exactly as they are on the eviction notice.