Eviction imminent, please help! **SUSPENDED**

[ninethlife]

I asked at the Court Office about Duty solicitors and they said they don't have any - perhaps because it is a County Court? Is a "legal adviser" something different? Something the court will have? At the possession hearing, there was a rep from the CAB.

I've re-read all the posts tonight, to make sure I haven't missed any important points. NS thought I would need to pay about £300 over and above the mortgage. Others have calculated £215. Ell-enn, you have seen my I&E form - is 215 enough? I don't want to lose for the sake of £85!

On what basis could I apply again for another hearing, before the 7th, if my offer is not accepted? I know I'm fretting, but I need to feel I can try a Plan B as a last resort. Thanks again. NL

[ninethlife]

A huge thank you to all of you who helped me to prepare in the best possible way for the court hearing today. The wonderful news is that i won my appeal and the eviction has been stopped. Ell-enn you kept telling me to stay positive - I should have had more faith - thank you! N.S you kept me focussed on the most important issues and I thank you so much. Everyone helped me to feel that I wasn't fighting this battle on my own - thank you!

 

The judge felt that what I was paying towards the arrears already was acceptable (as per the Norgan case) He confirmed that the amount of £215.00 would clear the arrears a few months before the end of the term of the mortgage. The other side's solicitor expressed concern about this amount being maintained if interest rates rose, which is where the projected I & E came into the equation. I was quite nervous and a little intimidated by the "serious" judge and the slick solicitor, so I didn't really hear all the details of the judgement, except that I have to attend a review hearing in 3 months - which the judge explained was to see IF I was able to pay a higher contribution to the arrears each month (assuming I had arranged a lodger by then). When I asked if that meant they wouldn't accept £215.00 after 3 months he assured me that if that was all I could pay, when the review came around, it would still be okay and wouldn't change the order.

 

After it was all over, I was kicking myself for not bringing up the subject of not having to bear the costs of the hearing - because the offer accepted was in fact the one I had made back in October, and because my appeal was successful. I didn't have the courage to broach the subject. I also wanted to find out if Mortgage Express were allowed to continue to charge my account £30.00 for having no "arrangement", even though the past 4 months I'd paid them MORE than the previous arrangement. Not sure if I should write to the court about this concern, or wait until my review hearing. It seems small now, but every penny counts - now and even moreso in the future.

 

I am exhausted from the days events but elated as well. I haven't been able to stop smiling, all day. For the first time in 2 1/2 years, the pressure has lifted. I have told everyone how amazing your organisation is - a true life-saver. I can't say thank you enough.

[newstarter]

Thats great news im glad it went well,congrats,however thats the easy part over with,the hard part has just begun,keeping the roof over your head.As for the charges (1) a letter of complaint,(2) a S.A.R,then a request for all unfair charges to be refunded to your account.If you get no joy then its a full written complaint to the F.O.S requesting that they look into your complaint.Im sure you will be fine but dont miss any payments and keep to the agreement,i know money is tight,but hey nowdays who,s money isn,t?Good luck for the future,its up to you now.

[Ell-enn]

Hi, that's great news - well done When you are notified of the date of the next hearing we can put together a statement with proof of payments being maintained and also bring up the issue of legal costs.

 

Hope you can relax a bit now

[dave121]

Well done NL.... ive just had a result too see spml ascenden