Eviction notice for 4th April acenden capstone spml mother in hospital mental breakdown

[bs0lth]

I still need help; is there anybody out there

 

I am at my wits end and can somebody please help.

 

I came home to a letter stating that we will be evicted on the 4th of april

 

Ive been talking to the company and trying to get help

 

HOWEVER

 

the mortgage is in my mums name, shes currently in hospital after having a complete mental breakdown and attempted suicide

 

She diagnosed with BIPOLAR Manic depression and had been for years

 

I was unaware that things had got as bad as they had

 

Ive been to see debt councellers, Cab, phoned everyone including the mortgage company asking for help but NOBODY will help because of the Data protection act

 

I have also had legal advice about a power of attorney but because shes not in a mental fit state I need help with this..

 

Capstone asked for proof that mother was in hospital, but even thats hard to get, because of confideniallity and Ive been given a letter stating this fact and that shes in hospital and that her consultant is her consultant.

 

I also contacted the mortgage company before the eviction notice and have paid money into the mortgage account as I didnt know what was coming out of my mums bank and what was being paid so I phoned them to ask for help and have paid them money, but obviously not enough...

 

all I keep being told is... there is nothing we can do...

 

can anyone help please....

Edited March 30, 2011 by bs0lth
problems posting

[bs0lth]

bump

[rebel11]

Hi bs

 

Hopefully Ell-enn, can help on this, I've highlighted it.

[dx100uk]

i can remember sending this to someone before on a thread:

 

http://www.ehow.com/how_6588282_obtain-attorney-mentally-ill-person.html

 

dx

siteteam

[Lea_HTH]

I am at my wits end and can somebody please help.

 

I came home to a letter stating that we will be evicted on the 4th of april

 

Ive been talking to the company and trying to get help

 

HOWEVER

 

the mortgage is in my mums name, shes currently in hospital after having a complete mental breakdown and attempted suicide

 

She diagnosed with BIPOLAR Manic depression and had been for years

 

I was unaware that things had got as bad as they had

 

Ive been to see debt councellers, Cab, phoned everyone including the mortgage company asking for help but NOBODY will help because of the Data protection act

 

I have also had legal advice about a power of attorney but because shes not in a mental fit state I need help with this..

 

Capstone asked for proof that mother was in hospital, but even thats hard to get, because of confideniallity and Ive been given a letter stating this fact and that shes in hospital and that her consultant is her consultant.

 

I also contacted the mortgage company before the eviction notice and have paid money into the mortgage account as I didnt know what was coming out of my mums bank and what was being paid so I phoned them to ask for help and have paid them money, but obviously not enough...

 

all I keep being told is... there is nothing we can do...

 

can anyone help please....

 

Does your mother have any capacity at all to understand what is going on? If not, then you will require the assistance of a solicitor. There are ways of assisting her (and of course you), but you will need to act quite quickly. If your mother has some capacity to understand she can simply write a letter stating that she is authorising you to act on her behalf whilst she is in hospital - this should be sufficient for the mortgage company to allow them to communicate with you about the account.

 

Go on to the law society website and search for a solicitor in your area - contact them and explain the situation regarding your mother and the imminent eviction. They will almost certainly be able to apply for an emergency legal aid application (if your mother is entitled to legal aid) in order to apply to the court for a stay of eviction whilst your mother's capacity is assessed. Once a solicitor is engaged he/she can contact your mother's psychiatrist to ask for a professional opinion on her capacity to instruct a solicitor - if her capacity is impaired, then a litigation friend can be appointed, that can either be you, or someone else.

 

Have you been through your mother's previous post? Has a court hearing already taken place? (I presume it has if you've received an eviction notice.) Do you know how much the arrears are? Was your mother working prior to going into hospital? Are there benefits being paid? Did they stop when she went into hospital? Do you know how much the mortgage instalment is? Are you able to afford to pay this?

 

Until you have power of attorney, a letter of authorisation, or until your mother has appointed a solicitor, you may not be allowed to make any applications on her behalf.

[bs0lth]

I am really really stuck, I need postitives, the mortgage company is just saying sorry nothing we can do to help. Its funny because I contacted them several times before it went to litigation to try to stop this happening. I know its and eventuality that we loose the house but I need breathing room. Im trying to hold down a job look after stuff visit my mum and try to sort this mess out. can somebody please help...

[bs0lth]

Does your mother have any capacity at all to understand what is going on? If not, then you will require the assistance of a solicitor. There are ways of assisting her (and of course you), but you will need to act quite quickly. If your mother has some capacity to understand she can simply write a letter stating that she is authorising you to act on her behalf whilst she is in hospital - this should be sufficient for the mortgage company to allow them to communicate with you about the account.

 

I have tried to get her to signn a consent letter thats not happening, shes paranoid and all kinds of stuff. and this is whats causing the problems.

 

Go on to the law society website and search for a solicitor in your area - contact them and explain the situation regarding your mother and the imminent eviction. They will almost certainly be able to apply for an emergency legal aid application (if your mother is entitled to legal aid) in order to apply to the court for a stay of eviction whilst your mother's capacity is assessed. Once a solicitor is engaged he/she can contact your mother's psychiatrist to ask for a professional opinion on her capacity to instruct a solicitor - if her capacity is impaired, then a litigation friend can be appointed, that can either be you, or someone else.

 

Have you been through your mother's previous post? Has a court hearing already taken place? (I presume it has if you've received an eviction notice.) Do you know how much the arrears are? Was your mother working prior to going into hospital? Are there benefits being paid? Did they stop when she went into hospital? Do you know how much the mortgage instalment is? Are you able to afford to pay this?

Ha post, Im getting a better understand now, but shes hidden most of the post, Im coming accross stuff but she just distroys it as it comes in. I dont know what shes dealt with or not. I have paid the mortgage company March's payment, as far as I can tell, I know my mother transfered last months payment as well. But they cant confirm whether or not they got that. I have made an additional payment as well, but not for a lot. I have asked that if I cover more than this months payment if they can pospone the eviction until I can get either authority, or concent or something at all to be able to talk to them. Their reply.. sorry you can make payments but unless you pay off all the arrears there is nothing we can do to help. I dont know how much the arrears are.

 

Benefits, she was on benefits, however, this is what started all of the problems to my mind, she had her normal visit to her psychatrist on the 13/1 and came home really positive, she was going to see a councellor to try to help her sort out a lot of stuff, and was on a high. She was fighting ESA and had a tribunal for an appeal as the DWP said she was completely fit to work, as she could operate a computer and attend the interview alone. (I hadnt realised that she was going). The mediacal for ESA was a joke, I have seen the full report issued and it bears no resemmblence to what goes on in here. anyway, the tribunal had a paper case, and did not notify my mother that is was taking place and on the 2nd of feb stopped all benefits. thats where everythings fallen apart.

 

I am trying to sort that out with the help of the doctor. but thats been a slow painful process... so technically shes not on benefits at the moment./COLOR]

 

Until you have power of attorney, a letter of authorisation, or until your mother has appointed a solicitor, you may not be allowed to make any applications on her behalf.

 

I have tried to get a power of attorney but its all taking time at the moment, I can pay this months installment and have said this to the mortgage commpany and I paid last months as far as I know.

[bs0lth]

hoping somebody out there can help, trying all afternoon to see if anyone can...

[bs0lth]

It working... praying that it keeps going.

 

Im running out of time at the moment, can somebody please give me an idea what else I can do.. have two days to sort this out

[bs0lth]

help please

[Lea_HTH]

So you are appealing the ESA decision? An outstanding claim for benefits, or an outstanding appeal, can often be enough to persuade a Judge not to make an order of possession, particularly when there are mental health issues and potential incapacity involved - it's a human rights issue related to a fair trial.

 

Is her paranoia part of her illness? If yes, and that is preventing her signing a form allowing you to assist her, then her capacity may be in question - but only her psychiatrist is in a position to assess this. You must contact a solicitor as soon as possible - if your mother is unable to instruct the solicitor, as I said before, a litigation friend can be appointed, which will mean that action can be taken to resolve the possession issues.

 

Do you live in the property? As you have made financial contributions to the mortgage you may have an overriding interest in the property, and as such may be able to be joined to the proceedings in your own right, which would allow you to be informed about what is going on as all the paperwork that has previously been served on your mother will also need to be served on you.

 

I don't think this is something that you can do on your own without a solicitor - at the very least I would suggest you contact a law centre local to you as they may have some pro bono lawyers available to help you. I cannot stress enough that you need to act immediately.

[Lea_HTH]

I appreciate that you are anxious and probably scared about what is happening, but it would be foolhardy of anyone to give you any advice without first asking some questions.

 

Based on what I have asked, and what you have told me, my advice above is about the best you're going to get until you have a solicitor in place to help you deal with this. At the moment you have absolutely no standing in court, or with your mother's affairs, and therefore no one (i.e. the mortgage company) has to deal with you. In order to rectify that, you should follow the advice I have given you as soon as you can tomorrow morning.

[bs0lth]

Does your mother have any capacity at all to understand what is going on? If not, then you will require the assistance of a solicitor. There are ways of assisting her (and of course you), but you will need to act quite quickly. If your mother has some capacity to understand she can simply write a letter stating that she is authorising you to act on her behalf whilst she is in hospital - this should be sufficient for the mortgage company to allow them to communicate with you about the account.

 

We have more problems, I just wish she would own up to whats going on. I have put a letter together and hopefully she will sign it tomorrow morning when i go in to see her, I have an appointment with the Doctor as well as the stress is getting to me but its getting it to the mortgage company tomorrow,

 

Go on to the law society website and search for a solicitor in your area - contact them and explain the situation regarding your mother and the imminent eviction. They will almost certainly be able to apply for an emergency legal aid application (if your mother is entitled to legal aid) in order to apply to the court for a stay of eviction whilst your mother's capacity is assessed. Once a solicitor is engaged he/she can contact your mother's psychiatrist to ask for a professional opinion on her capacity to instruct a solicitor - if her capacity is impaired, then a litigation friend can be appointed, that can either be you, or someone else

I have tried this, and not one organisation will help me at all without a letter of authority. nobody. they will not even discuss the case with me at all as its about a third party. and I have tried everywhere so far.

 

Have you been through your mother's previous post? Has a court hearing already taken place? (I presume it has if you've received an eviction notice.) Do you know how much the arrears are? Was your mother working prior to going into hospital? Are there benefits being paid? Did they stop when she went into hospital? Do you know how much the mortgage instalment is? Are you able to afford to pay this?

 

the mortgage is from what I can tell 515 a month although how it is that much is anyones guess, there was a letter came through that I opened. However, I know that there was an insurance issue where they were charging her for insurance that was being provided from another company, for 54 per month, I know that the company that she took out the poilicy with had written to them four times so far to tell them that the property is covered and they still keep charging. I dont know how much the arrears are for cant find that, but dont know if that includes charges etc.. and the insurance payments. However, I can pay the installements but Im going to need time to try to get money together for the rest of the arrears.

OR]

 

Until you have power of attorney, a letter of authorisation, or until your mother has appointed a solicitor, you may not be allowed to make any applications on her behalf.

7

 

My mum is in no fit state to appoint a solicitor at the moment and Ive been told by three lawyers that she needed to be in a fit state of mind to do it.

[bs0lth]

Hi Lea

 

I have been back and forwards for the last three weeks, and Im going to end up in the bed next to her. Because I cant get a letter of authorisation I cant talk to anybody. I cant talk to the mortgage company, I cant talk to the CAB I cant talk to a solicitor in her place non of it. The mortgage company gave me three phone numnbers to call to get help, phoned them and guess what.

 

The consultant is doing what she can but it takes time.

 

I dont know if its too late to file an N233 or what ever, as I llive in the property, but if I can have I enough time to submit it. I dont know.

 

Ive been searching the web and on the phone for three weeks solid trying to sort something out.

 

The ESA will be backdated but havent had a tribunal date yet and Im trying to pull all of the evidence together for that.

 

I no longer know where to turn.. I will give the doctor / mortgage company another go tomorrow. and solicitor. I just need a back up plan, if I can get a signed letter then I can put in an N233 or what ever tomorrow, but it needs sorting tonight so Im there first thing in the morning..

 

God panic... Ive been like this for the last three weeks... well since the 15th or March anyway.Ive had two weeks... god not enough time to turn arround.

 

I have paid the mortgage though this month and paid it last as well to try to stop this happening, but I dont think I paid enough with the benefits stopping..

 

anyway thanks for you replies

[Lea_HTH]

That is the whole point of seeing a solicitor if your mother's capacity is in question.

 

Please re-read what I have written - if you follow the advice, you will be able to get through this. At the least you can instruct a solicitor on your own behalf to make an application for you to be joined to the proceedings as you may have an overriding interest based on your contributions to the mortgage.

[Lea_HTH]

If you don't get the letter from your mum, go and see a solicitor for yourself - tell him that you have been contributing towards the mortgage and as such you believe you have an overriding interest in the property and you would like him to put in an application on your behalf to be joined to the proceedings. This will cause the hearing due in the next few days to be adjourned and the papers will be served on you - then you will know precisely how much the arrears are, and what is needed to resolve the issue.

 

Incidentally, the lawyers who have told you that your mum has to be in a fit state of mind to instruct them are incorrect - it is up to them to decide after consultation with her psychiatrist whether she is in a fit state, and if she is not then they can appoint a litigation friend to assist her and instruct on her behalf. If it were the case that anyone with a mental illness who was not in a fit state to instruct a solicitor, we would still have all those with mental health locked up the minute something goes wrong as they'd never be able to instruct a solicitor to act on their behalf. We have methods of dealing with this so that everyone gets a fair trial. Find a different solicitor.

 

My apologies, I've just seen its a notice of eviction that is taking place in the next few days - in which case there will be no hearing until you put in an application to stay the eviction.

Edited March 30, 2011 by Lea_HTH

[bs0lth]

Hi Lea

 

Ive asked that question and been told that they cant help. Ok I will re read it and see what I can do, its a nightmare, and I contacted the mortgage company to inform them eight weeks ago that I had a problem. I got told that it would be ok and nothing would happen. I know there is an arrangement in place, but I dont know how much for, I dont have access to her bank eiither, I have put money in there to cover stuff such as the mortgage but dont know if its gone out or not.

 

thanks again

[Lea_HTH]

It's an N244 - and you still have time to file it, right up until its execution - though I wouldn't suggest you wait that long to put your application in!

 

Print out the info I wrote above about the overriding interest and take it to a solicitor with you if your mother doesn't sign the letter; even if she does, I'd still suggest that you ask to be joined to the proceedings.

[bs0lth]

Hi Lea

 

I was looking at the N244 I have it up on screen now. and I have started to fill it in. I will try to sort it out best I can. Im no good at writing stuff thats my only problem. Im not that bright and I get muddled really easily. Im falling apart because on top of this my Mum is trying her best to kill herself, and Im scared every time the phone rings or anything. Im using my mums account because I automatically logged me in and well I thought it kepps it all together.

 

Im feeling sick. We are going to loose that house, I know that, BUT like Ive said before, I just need time, I cant, work, visit the hospital find somewhere else to live and try keep everything going.

 

I will give the form a go and print it off ready, I need all my ducks in a row for tomorrow morning so that I can at least get armed to sort it all out.

[bs0lth]

One question that has just popped to mind.

 

Can I go and represent my Mum with a letter of authority and her signing the N244 form, because shes not going to be let out.

 

Also until I get the figures, Im convinced that they are trying for all of the charges as well in with the arrears. I may be able to get most of the arrears together if there were no charges on top...

 

How do I get a breakdown of them.. and is it too late

[dx100uk]

if you have lots of charges and they out weight what you currently have outstanding on your monthly payment they can do nowt to you - unfair ! - i think it could negate the eviction order

 

get a claim going

 

do you know what charges HAVE been levied to date?

 

there is a recent stickie on this i'm sure

[Lea_HTH]

I know this must be very difficult for you, and I hope that you have someone else in the family, or a friend, on whom you can rely for some emotional support, and some support when you go to court.

 

I can't obviously give you any advice on whether you are likely to lose the house as I have no idea what the arrears are, or what you can reasonably afford to pay towards them and the normal monthly payment. What I am sure of, is that your mother should not be evicted simply because by default she is unable to instruct a solicitor due to her mental health. The mortgage company should be taking this into consideration.

 

I am afraid I cannot help you fill in the N244 - as a lawyer I am precluded from doing that online, but if you read the things I have written, you should be able to work out precisely what to write (your mother's ill health, her being in hospital, her likely incapacity, her outstanding claim/appeal for benefits - and more specifically your potential overriding interest in the property and your wish to be joined to the proceedings as you are making payments towards the mortgage - and ensure that you state that you believe the figures to not be all arrears, but include charges - they are not allowed to add charges to the arrears and call them 'arrears' for the purpose of the court hearing). You do not have to make the form overcomplicated - just state things very clearly and simply, so that when you go into court you can explain your situation to the judge without getting confused.

 

You are not going to get a breakdown from the mortgage company until a) you have a letter of authorisation from your mum, or b) you have power of attorney, or c) you apply and are granted permission to be joined to the proceedings - until one or other of those elements takes place, the mortgage company do not have to deal with you.

 

I wish it was simpler for you, but as it stands right now, you have no standing to make any applications (beyond asking to be joined to the proceedings) without written authorisation from your mum. Really you do need a solicitor so that your mother's capacity can be assessed and someone can act on her behalf.

 

Post back tomorrow after you've done what you can and we'll see where to go from there.

[bs0lth]

bump

[bs0lth]

I need help with a N244 pretty desperatly, I have just looked at it and have no idea at all how to fill it in....

[Lea_HTH]

Ell-en is the person to ask to help with filling in the N244 - as previously explained, I cannot do it for you, or tell you specifically what to write.