Eviction Warrant for 2nd time - PLEASE HELP **EVICTION SUSPENDED**

[Ell-enn]

You can email it to me at [email protected]

[MelDo]

Hi Ell-enn,

 

I've asked my brother to send through the spreadsheet, he thinks it's gone!

 

Thank you

 

Mel

[MelDo]

Hi Ell-enn (All)

 

Is there a prepared letter format anywhere for requesting details of all charges/penalties etc levied by a Mortgage company? I would like to see exactlywhat I've been charged. If there is a question mark over the legitimacy or amount of any penalty/charge they have unilaterally levied, wouldn't that bolster my case at the court hearing? Even so, I just would like to know.

 

Thanks so much

 

Mel

[Ell-enn]

Hi, yes I can give you a template letter later (I'm at work at the moment). Did you see my reply to your email last night re the budget sheet?

[MelDo]

Hi Ellenn, yes. My brother replied, did you get it? We are in the process of finding out the breakdown of arrears/capital included in the total monthly figure.

 

And thanks for the letter template.

 

Mel

[Ell-enn]

Hi there I have affixed a letter for you to send to request the full statement of account - you need to send it asap and by special delivery - send a copy to their solicitors also with a covering letter saying

 

"Re: First Plus Account No:

Please find affixed for your information - copy of letter sent to First Plus today by special delivery"

 

I have also affixed the letter you need to send once you have received the statement showing the charges.

Mortgages Charges letter.doc

Mortgage Statement Request letter.doc

[MelDo]

Ell-enn

 

Brilliant, thank you

 

Mel

[MelDo]

Hi Ell-enn,

 

Contacted the court today and the bailif will be calling tomorrow with an eviction date for 25th November. Gulp.

 

Mel

[Ell-enn]

OK, you need to get the N244 application to court as soon after the warrant is delivered as possible. I have frafted a statement for Q.10 of the form and will try to complete it this evening. Have you finished calculating your household expenses for the budget sheet? have you decided how much to offer towards the arrears each month?

Yo shouldn't include any DLA benefit in your income column.

[MelDo]

I'll take the DLA payment out.

 

I'm making payments every day I have some spare money. Since last Monday I've paid £ 1875 to MAS. The arrears at the time they informed me that they were continuing with the repossession were £ 4662.47. They now stand at £ 2767.47.

 

Surely this will carry some weight with the judge?

Mel

[Ell-enn]

I'll take the DLA payment out.

 

I'm making payments every day I have some spare money. Since last Monday I've paid £ 1875 to MAS. The arrears at the time they informed me that they were continuing with the repossession were £ 4662.47. They now stand at £ 2767.47.

 

Surely this will carry some weight with the judge?

Mel

Absolutely - you won't lose your home. We need the budget sheet and how much you are going to pay each month towards the arrears. Don't offer more than you can reasonably afford. The judge would be quite happy with paying £2767 over 6 months or more.

Do you have proof of the payments you have made since last Monday ? we will need to put that evidence with the N244.

[MelDo]

Ell-enn, sorry to sound like a broken record, will it not influence the judge that this is the second time in three months that they have issued a warrant? Even though last time they accepted a lower than total figure (which was paid) to call off the eviction?

 

I really appreciate your help and time on this. Irrespective of outcome, I will be making a donation to the site as soon as matters are resolved.

 

mel

[Ell-enn]

The judge will make his decision based on the facts presented to him i.e. your ability to pay the monthly installment going forward plus an amount towards the arrears. The fact that you have made arrangements to add to your household income (your brother moving in) and you have paid a large amount before the court hearing shows your commitment to clearing the arrears. It will be OK

[MelDo]

Hi Ell

 

Mike has sent the spreadsheet. I am confident that we can afford to pay the amount we originally agreed with MAS (£1300 per month with £ 618.77 being the monthly payment and the balance £ 681.23 to reduce the arrears)

 

By my reckoning that would clear the arrears in four months (first payment on Dec 1st, last on March 1st 2011). If the judge wants to reduce this amount and/or increase the timescale that's fine but frankly, I'll be happy to have them off my back as soon as possible!

 

I have prepared another payment plan which clears all the arrears by 23rd December, it is possible but obviously much more stringent on the household budget. Should I include this payment plan in the appendix too?

 

Mel

[Ell-enn]

Please do not offer more than the £613 extra you have already offered - of anything goes wrong and you can't raise the extra payments you will find yourself with another eviction warrant. Only offer what you know you can stick to.

 

You will need proof of the payments you have made since last Monday to affix to the N244 - are you able to do that?

[MelDo]

Ok!

 

Yes, I've spoken to the MAS this evening and they're sending a statement of the past 12 months payments out tomorrow. The lady was actually very helpful and said that she would make a note on the account that it is to be reviewed after each payment ( I plan to pay another £ 600 in the next 7 days). Of course they will not stop the eviction yet.

 

She told me that the reason they are taking action now is because there have been 7 failed plans in the past since the original court hearing in 2007. I can't disagree with that but the central point is that my brother's involvement has made a significant difference and that it was only a technical breach of the last payment plan caused by a salary date mix up.

 

Guess we'll find out soon!

 

Mel

[MelDo]

Hi Ellenn,

 

Yes, I've spoken to MAS tonight and they're sending out a 12 month statement tomorrow. They were very helpful tonight and told me that they cannot stop the action as there have been 7 failed plans on the account., All of these, of course, were prior to Mike's involvement and although we are in technical breach of the latest arrangement as he was two days late with the first payment, it is not fair to lump that in with the previous failed arrangements where money was far tighter.

 

She also told me she would put a note on the account that it is to be reconsidered after each payment prior to the eviction daye (25th November) in light of the effort that we are making to clear the arrears.

 

Ho hum!

[MelDo]

Oh TWO POSTS with slight variation! I think you'll get the gist.

 

Mel

[Ell-enn]

Can you really afford to pay another £600 in the next 7 days ???

[MelDo]

Re: £600. Yes. With some effort. It is doable.

[MelDo]

Hi Ell-enn

 

Sorry to ask but have you had a chance to look at the statement? I'd like to submit the N244 tomorrow if possible, Monday is probably fine?

 

I spoke to MAS today, they're increasingly helpful. I paid a further £100 on the account and they told me they would cancel the eviction (now confirmed for 25th November) if the arrears can be reduced to below two month's normal subscription (approx £1250).

 

Surely this plays into our hands with the judge too? We would arrive at that point with the first payment of a new plan!

 

Mel

[Ell-enn]

Hi, the statement is done - I was just waiting for you to confirm you had proof of all the payments you have made since last Monday....

 

How much would you need to pay to bring the account down to 2 months in arears ?

[MelDo]

in addition to what I have I would need to find another £800. Arrears currently stand at £2667. Two monthly subscriptions = £1240. I'm paying another £ 600 next week, so another £800 will reduce it to their threshold for cancellation.

[MelDo]

And thanks for the statement info - sorry, yes I have confirmation of the payments made in past 12 months.

 

Mel

[Ell-enn]

This is ridiculous! They're blackmailing you ! If you are going to apply for a hearing I would let the judge decide what is reasonable - believe me, there is no way you will lose your home.

 

Please do not try to rustle up another £800 so they cancel the eviction, just go to the hearing and pay what you have offered each month, the judge will be absolutely fine with that.