Eviction imminent, please help! **SUSPENDED**

[ninethlife]

Hi Ell-enn, I wasn't able to leave work as early as I'd hoped, so I will have to email the documents when I get home. Will have to submit tomorrow.

 

Thanks for keeping me "on track" N.S. The arrears payment is the most important part and I will emphasize that.

[newstarter]

no probs:-)

[ninethlife]

Hi Ell-enn, did you receive my Q10 email ok?

[ninethlife]

Babsmary has put a question onto my thread and I worried she might not get "noticed" there by the right people to help her - can you guide her to the right source?

[Ell-enn]

Hi Ell-enn, did you receive my Q10 email ok?

 

Hi, yes I have received it and emailed a reply

[Ell-enn]

Babsmary has put a question onto my thread and I worried she might not get "noticed" there by the right people to help her - can you guide her to the right source?

 

I have moved her post to a thread of it's own here http://www.consumeractiongroup.co.uk/forum/showthread.php?291622-Bankruptcy-question and sent her a message.

[ninethlife]

I've put the N244 form into the court and they rang with a hearing date - Feb 3rd. Mortgage Express has written to say they will honour the S.A.R request within 40 days but I have to pay £20.00 to a different department to get a copy of the title deeds. They also wrote to say they will add £300.00 + VAT to the mortgage if I'm evicted and that any "maintenance" their "external service providers" have to do on the house, in order to make it "marketable", they will charge to the mortgage as well. I didn't realise mortgage companies were in the business of home improvements - on behalf of evicted families! On the other hand they "would like to make me aware that repossession of your property is the last course of action we would want to take" - not sure if this is sarcasm or irony. And "if at any point you are able to make a proposal for repayment of outstanding arrears" I should contact them. I suppose my previous phone calls, letters, emails, don't count. It's just adding insult to injury. Ell-enn, I did take on board your comments and I made my statment a bit "thinner" - all I can do is hope that the judge has faith in my proposal. I am told that if the decision goes against me, I can apply immediately for another hearing - try another tack perhaps. Is this your understanding as well? Or I can put in an N161 - to appeal? Can you clarify this? Many thanks, NL

[tommy.king]

From what I can see it looks like you can get yourself into shape in a few weeks.

If I was you I would do the following

 

Look for a smaller house as I get the impression you live alone why not down size, then you can have loads of spare equity and you can pay off the depters.

 

Alternativly I would do the following, waste their time.

Find out how long you have and call the courts and make a diffrent date for a hearing, in the mean time pay the amount owed. you can easily reschedual twice.

After you win/loose you will have to pay the fees as the company is going to make you pay them (ask the judge to penalise them for bringing the case before them as you were paying, and that he should express that you dont have to pay them in the order for the costs),

If they are still going to evict you, then appeal and take your time, you need to find out how to waste time so ask a solicitor who know, never admit you are wasting time as you will get penalised for it.

 

I am not experienced in this sector so get advice, My advice is my view so please ask a legal representative.

[newstarter]

Hi ninthelife,well the paperwork is done and you have a hearing date,you have done the right thing in terms of thinning out your statement.First off at this stage take no notice of the letter you recieved,although it does give an idea of the charges they attempt to add when a home is repossessed,you can see why its important to fight a repo order if you possibly can.I always argue that repossession can be just the start of someone,s problems,however we must stay focused,the main concern here is the hearing.Dont contact them and be persuaded to make a deal you cannot afford in fact dont contact them at all.Lets not dwell on what happens if your appeal is dismissed,concentrate on the appeal itself for now,you cannot fight 2 battles at the same time,especially when the reason for one of them has not yet occurred so lets not go there yet,lets get our heads and paperwork ready for the court date,one thing at a time.

[newstarter]

P.S dont let your mind run through different senarios which may not happen,stop panicking and stay focused (easier said than done i know) but please stay focused,by doing this you are giving yourself the best chance possible.Oh and one more thing when i sent a S.A.R to my lender i recieved a copy of the deeds along with the rest of my paperwork so i know what you have been told is nothing but bulls**t but we shall deal with that later.

[ninethlife]

When the chips are down, you really find out who your friends are....the ones who offer to store some of your stuff, when they've already got too much of their own. The ones who offer to look after your cats, when their own cat might get his nose out of joint. Wow, I am humbled by the kindness and generosity.

 

A concern was raised by my cousin, who has spent a lot of her career in courtrooms - usually as the plaintif. In the amazingly fortunate situation that I have the eviction stayed, she tells me the mtg. co. could just apply again for eviction in a few weeks/months time. Is there anything I can ask of the judge, to allow us a modicum of security for a period of time? - give us a chance to breath?

[newstarter]

Your lender can only go back to court if you do not keep to the terms of an arangement made in court and that is fact.For example say a judge ordered you to pay the normal monthly payment pluss an extra 200 per month and you defaulted on that agreement then yes your lender could apply for a new eviction order but if you keep to the terms your lender can do nothing,they have to accept the judges decision their hands are tied so you have been miss-informed there.

[sillygirl1]

It really depends on the lender, some lenders want the property quickly (so they can slap on even more crazy charges, I had a £4,500 'asset management charge' added to my measly £500 shortfall)

 

It also depends on the judge at the end of the day, if they feel you can turn the situation round and stick to the agreement then do what you can.

 

Sadly lenders still see the litigation path as their 'safety net' when it should not be used as such.

[sequenci]

Your lender can only go back to court if you do not keep to the terms of an arangement made in court and that is fact.

 

It isn't true. A lender has just as much right to make an application for a variation as a debtor would. In reality this is something that is seldom used as *most* lenders are quite reasonable.

[newstarter]

Technically yes your right but im willing to bet my bottom dollar if the o.p walks out of court with a suspended eviction on condition they pay an agreed amount off the arrears each month,unless they default that will be the end of it.I would of course be looking at getting the order lifted once the arrears are paid,however unless the o.p has a change of circumstances,ie a massive increase in salary i couldnt see a lender going back to court in an effort to increase the arrears payments,either way they would be going back to court to try to increase the payments not apply again for eviction (as long as no payments had been missed)

[newstarter]

P.S Ninthelife if your eviction is suspended on condition you pay a certain amount each month and you do not default on the court order,your lender cannot,and i mean cannot evict you,period

 

Quote,"the mortrgage company could apply for another eviction in a few weeks months time" not if she does not default on the court order they can,t.This is what Ninthelife was asking.

[sequenci]

I would of course be looking at getting the order lifted once the arrears are paid

 

An excellent point here. The amount of cases I seen where the debtor has cleared the arrears only to have an eviction applied for years later when they fall behind again is unreal.

[sillygirl1]

Don't forget also to claim back any charges on the account, using the FOS if necessary.

[ninethlife]

My hearing is tomorrow. I think I've done all I can to stack the odds in my favour. I have a letter from where my kids work part-time confirming their weekly hours. I have my payslips. I have a bank mini-statement showing the Jan payment going out. (I requested a receipt form Mortgage Express, but I doubt it will arrive in time.)

 

I have a friend coming with me, who has studied law, so apart from moral support, they may be able to give me a nudge or a quick note to say/ask a specific thing. Coincidentally, my bosses wife is studying law too and she emailed to say I am allowed to bring a McKenzie Friend to the hearing, which I'd never heard of, but it sounds like the role my friend could fulfil.

 

I thought I had asked this question before but I must have imagined it...if the judge miraculously accepts my defence and stays the eviction warrant, I've been told the Mtg Co. could re-apply for eviction in a few months time. In my N244, I asked for the Possession Order to be suspended (because I had been paying the arrangement every month) and the Eviction Order to be stayed. Should I have asked for something different - suspension instead of staying? - to make the Stay a little more "long term", so we can try to get back to a "normal life" at home?

 

Will I have to pay the costs of the hearing even if I win? If "not necessarily", do I have to ASK not to pay them? Is their a reason I can give to support this request. I will bring a summary and copies of all the correspondence, emails, and phone callls with the Mtg Co. which I made to try to avoid this hearing. Any suggestions would be most gratefully received.

 

Mortgage Express are also charging £30.00 a month since the arrangement expired in August, even though I am paying more than the arrangement amount! Can they be asked to stop this charge - as it is completely counter-productive to reducing the arrears more quickly.

 

Of course all of these questions are academic, if I lose my appeal but I would like to be fore-warned of anything that might help stabilise our future, if my defence is accepted.

 

Thank you so much, N.L.

[ninethlife]

Sorry, about repeating the same question about the Mtg Co obtaining another eviction hearing - as soon as I posted my latest message. all the new replies came up! I thought when you sign in, your thread refreshes automatically, but it's actually only updated after I made another post. Sorry! N.L.

[newstarter]

Good luck for tommorrow,yes we have done all we can and now its up to the judge,a good idea to take someone with you,to answer your questions all you will pay is the 35 quid you handed over when you handed in the n244,there may well be costs added to your account but you can deal with those after the hearing,you have given yourself as good a chance as you could get with this.Im not going to say its a done deal because it isn,t but you are in far better shape than you were at the beginning.All your bases are covered and to be honest theres nothing more you can do untill tommorrow,once again good luck.

[ninethlife]

Thank you for your good wishes, NS. You have given me the most amaznig support all the way through this - thank you so so much. I'll let you know the outcome of course. NL.

[Ell-enn]

Hi there, as has been said in previous posts your lender can only apply for an eviction if you miss payments that the court has ordered. Please try to stay positive.

 

If you are taking a friend to the hearing with you make sure you tell the usher when you get to court that you have a MacKenzie friend with you. They cannot speak on your behalf but can accompany you into the hearing. Also, when you get to court ask if there are any free legal advisers on duty, if so approach them and they can go into the hearing and speak for you/support you.

[dave121]

All the best NL for tomoz im sure you will be fine....

[ninethlife]

Thanks dave121, for your good wishes and encouragement.