I am out of my wits! Please help EVICTION CANCELLED

[jansus]

cnat write por per message - just spilt tea on m8y laptop!

 

disaster!

 

KHope it dries out

 

Best wiskhes for toorrow!!!

[Ell-enn]

Hi there, as Midge says, smart casual will be fine as you need to feel comfortable.

 

You should get to the court early and see if there are any duty legal reps there - if there are approach them and ask if they will look at your docs and come into the hearing with you.

 

If the other side's rep asks to speak to you, you have a choice of whether you do or not. Invariably they will try to get as much info out of you as possible - to be honest I usually tell people just to say to them that you'd rather not discuss and will wait for the judge to decide. They have a habit of appearing to be your "friend" which of course they are not!

 

As this is your application the judge will speak to you first. If you have to address him/her it should be Sir or Madam. Don't interrupt the judge when he is speaking under any circumstances, or try to argue with the other side's rep when he is speaking. At an appropriate moment when the judge has finished speaking to you ask if the court has received the letter from Shelter. If not, then hand a copy over to him. (Don't let the rep for the other side see it before the hearing! you should keep your copy of the N244 and appendices in a folder or envelop until you are in the hearing).

 

When the judge has addressed both sides he will then make his order.

The process should only take 5 - 10 minutes all together. If by any chance the decision goes against you (you need to stay positive and believe it it won't!) you must ask the judge for leave to appeal.

 

When you speak to the judge you should do so slowly and clearly - usually they are very understanding of nervousness and will make allowances.

 

Stay strong, it will soon be over:)

 

Ellx

[Emilybeckett]

Hi DoubleU, just letting you know that i will be thinking of you tomorrow, everything is going to be fine.

 

take care x

[Rachie1973]

I am now settling down a littlebit and I am just thinking, are there any threads on what this situation does to people mentally? I know how I feel, and I know how I felt when I got the notice of eviction. the world is just disappearing beneath your feet.

 

 

Hiya, theres a 'effects on health' forum which is sometimes very useful when you're feeling like you can't go on.

 

I've been where you were, its how I found the site. Ell-enn was my shining star and helped me with all my forms. The rest of the forum boosted my spirits so much.

 

Sadly I lost my house, I didn't have the positive points you have so don't take too much from that. Our business had failed so we couldn't have paid our mortgage. We just needed more time to sell it, but alas, it never happened.

 

Anyway... before I veer off completely. I cry every time I read a story like yours and hope that Fridays case goes well for you.

 

Best wishes

 

Rach xxx

[LilyLou]

Hi DoubleU

 

Double scotch in a cuppa 2nite and please try to get a bit ov kip, easier said than done I know.

 

Will be checking in all day 2moz till I know u r ok.

 

All the best

 

LilyLou

[jansus]

Keep your chin up - and let us know as soon as you can how you get on.

 

 

 

Jan

[midge61]

Good luck for today.

 

I've got everything crossed for you

[sillygirl1]

Good luck for today mate, I've been there qnd it isn't a very happy place. However had had several solocitors told off in court so quite satisfiying in a way. As you havve been making payments and there are no arrears on the first charge it should hopefully go your way.

[DoubleU]

Hi Rachie1973, sillygirl1, midge1, Jansus, emelybecket, Ell-En and all those that are rendered incapacitated because of keeping 'everything' crossed for me. If I think in pictures, it nearly makes me laugh! But, serious business to attend to this afternoon.

Just a quick question, I may be able to borrow the full arrears of £1248. from a family member. problem is they are abroad and it will take a while before I get the money here. Is there a chance that the judge may stop the whole thing until I receive the money and then we continue happily ever after? (so to speak) I didn't know this until this morning, so we have not been able to make arrangements. Blemain did offer to both myself and Shelter, that if I could pay the full arrears they would stop the case. This maybe on the late side, but never late than never as they say. . . . anyone??

[DoubleU]

Hi DoubleU

 

Double scotch in a cuppa 2nite and please try to get a bit ov kip, easier said than done I know.

 

Will be checking in all day 2moz till I know u r ok.

 

All the best

 

LilyLou

 

Ran out of scotch last nite - gone into the sherry. Yuk, that bottle must be 10 years old. Looks like a vintage with dust and stuff, but has bits in it. It has not given me the trots, but wouldn't have been surprised if it did.

Still, if all goes well, I don't need that stuff anymore by tonite. I am a 1 glas of champers per year man, and therefore any double measure sends me crashing. If I am still awake by the third measure, I will have to drink it on the edge of my bed, otherwise I don't make it. I suppose I am lucky I don't need to break into the stuff at 10 am. So, I had just over 5 hours sleep last night, which is better than none.

C U later guys (and gals) or is it all gals??? My apologies, if this turns out OK, I can legally only ask one of you to marry me. . . . (lol)

[slgsue]

Hi, hope everything goes well for you today.

 

Just wanted to say I am kind of in the same boat, I have a friend who is lending me money to clear my arrears, sounds great I know but have had to lie about where the money is coming from to the mortgage company as they say it is paying credit with credit and wouldnt accept it. I am in a salary plus bonus based job and in my I&E have only put down my basic salary as income and have told the mort co a "small" white lie of i am getting an advance on my bonus cheque......... seems to have worked!!!! Just mentioning in case your co have the same attitude as mine!!!!!!

 

Once again good luck x

[Ell-enn]

Hi there is it possible for the relative to email you the details of how they will make this payment? (are they living abroad or on holiday?) or send a fax to the court which you could pick up when you get there and give to the judge?

[DoubleU]

Ell-Enn, Thanks for the information as to how to deal with the actual case once it has started. No, I will certainly not give any info to the other side. That is privilege for the Judge. I will be early, if only to make sure to get a parking place. Thanks again and promise, I'll get back to you

 

Bye

DoubleU

[DoubleU]

They will be able to send an e-mail, I think in the end they may be able to make a bank transfer from account to account, but that will take several days to get to me, hence my question. I'll print the e-mail and drag it with me. Just in case. . . .

DoubleU

[Ell-enn]

Good stuff! remember - stay positive we'll all be in there with you in spirit - that's quite a formidable force on your side!!

 

(and if it doesn't go your way don't forget to ask for leave to appeal)

[hilaryfrances]

my mortgage companyu told me to borrow the money when we got in arrears

[Ell-enn]

Oh did they now:mad: - so they were frustrating your efforts to get out of debt by suggesting you get into more debt!!!! Who are your mortgage company? did this ever get to court? I bet the judge would have been interested in that statement!

[DoubleU]

Well gals and guys, here's the dreaded news we all have been waiting for. It's going to be a long story. . . .

 

I am afraid I did not 'float' down the staircase coming out. In fact, I had heart palpitations and felt physically sick.

 

He, that's just the way my body reacts to the situation afterwards. So here goes the story:

 

District Judge Hickman. A stern looking guy who made me feel sick to the stomach. He took one look at me and said: "Sit down!" and then proceeded.

 

I need to tell you that before entering the 'chambers' I had a 15 minute conversation with the sollicitor for the Claimants (Blemain). He of course wanted to know all kind of things, but after Ell's advice, I was not about to give him any information whatso-ever. He asked me to agree to pay the full contractually agreed amount (which is interest including repayment) and have the warrant suspended and review the case in 3 months, with an immediate eviction if I should default. I told him that 'in principle' I would agree to that, but that the final decision was up to the Judge. And so to the Judges Chambers.

Judge Hickman asked me for my comments and I gave the whole history, right from where I was working for Northern Rock when I took the loan, to Northern Rock going down the pan and I loosing my job, maintaining part payments. Having the luxury of being able to show a contract of employment on the first hearing in November with a starting date of 5 days later. Going over my payment record of maintaining part payment during my unemployment to paying the full amount plus 50% during employment and going back to making part payment when made redundant again 5 months later and having maintained part payments since that date.

He was writing all kinds of bits down on a piece of paper and of course you wonder what he is writing, 'cause you feel it is no more than a death sentence.

The Judge told the sollicitor that he knew how the claimants operated and that in no way was he going to be party of those tactics and that he considered that the Claimant has shown in the past not to be in line with government guidelines and to be 'over enthousiastic' in their re-posession processes.

Now the verdict:

1) The posession order and the warrant be suspended on condition that the unpaid balance of the total sum owed is to be paid to the claimant by instalments of £ 200 per calendar month, the first such sum to reach the claimant by 30/10/2009

2) If the Defendant does not make the payments set out above the claimant will be able to ask the bailiffs to evict the defendant without a further application to the court.

3) No sum except the above mentioned instalments shall be payable to the claimant in respect of the agreement during the suspension. The claimant can review the order after 01/10/2010 and the Warrant is suspended to 08/10/2010.

 

I take it this means the bailiffs will not knock on my door for 12 months, on the condition that I pay the £ 200. religiously. The young sollicitor nearly fell off his chair when the judge decided to suspend the warrant for 12 months. I had problems to keep a straight face and not show a barely detectable 'triumphant' smile. For once in my life, did I have the authorities on my side. Have I finally contacted my guardian angel? Yup! Somebody at last listened to my prayers. I did find an angel that helped me out. In fact I found not only one angel, I found a whole bunch of them in the form of the CAG forum!! So, Jansus, Ell-Enn, and all you other guys and the guy from Shelter (Muhammed Williams), please do not torture yourself any longer by keeping 'everything' crossed!!!! It worked!!!! Congratulations for this magnificent victory over an exceptionally successful Financial Company, who lend the money purely on the basis that at some stage or another, they can convert the loan into property, which they can then sell with a profit that is far greater than the interest they charge. So, they are not really a financial institution, they are in reality property dealers. And of course, the more equity you have in your property, the harder they will try to get hold of it. Legal? Yes, I am sure they work for the full 100% within the letter of the law. Morally correct, or responsible???? Not quite! They have once again shown that they work on the basis of moral principles that are far worse than those of Johnny Biggs. (He was only the get-away driver, he didn't phisically rob anybody).

 

I am starting to float now, although I am afraid to, until I have the whole thing in writing from the court. Mind you, even if that is different, I have a case, because the young sollicitor was so kind as to hand me a photocopy of Judge Hickmans notes he made during the hearing., so, I already have it in writing!!!

 

Now the verdict is slowly but surely starting to dawn on me, I may have severe problems in behaving like a well educated and controlled older gentleman. I feel like running out of the house (MY house) and scream till I burst!!! Unfortunately, the neighbours would not understand, and probably have me carried away to a 'safer' place.

Well, Angels, I am going to sit down, settle down, get my nerves together, have another sherry (since the Whiskey is gone) and come down to earth. Let this story, which started little over a week ago as a desparate scream for anybody to help, be an example of how ordinary (not really 'cause all of you are 'extra-ordinary) people can and have a realistic chance to fight and beat those that make use of other people's misfortunes.

Thank you all, from the bottom of my heart, Thank you, thank you and thank you. . . . .

[slgsue]

Ahhh bless you, you have brought tears to my eyes and I am at work!!!! Well Done, Well Done, Well Done!!!!!!!

[Ell-enn]

Wonderful ! and well done for being so brave:) I told you the judge would know what Blemain were like;)

 

Please, please relax now and enjoy being in your home - and if you want to run out and scream then do so - to hell with the neighbours! . Tomorrow you will no doubt feel like a new person.

 

I am so pleased for you, I love to hear about these lenders getting an a$$kicking from judges - it makes my day

[DoubleU]

Hi Ell,

What can I say? without your quite substantial input, I would have been sitting on my doormat, one day before my 62nd birthday!

Was I brave? If getting there on time is brave, then yes. Other than that, I was scared out of my pants!! My poor wife, who also has been a brick during this short but turbulant time is having to deal with my soiled underpants now. Thank you Ell, you're a gem!! Thank you. You know what's coming, if ever I can do anything just please let me know!!! Thank you Elle, I don't say this to many girls, but you made an old man very happy. . . . . (Please don't disappoint me by telling me now that your a bloke!! lol))

DoubleU

[DoubleU]

Pfffffff. . . . . . need to go to the shops to get some new batteries for my pacemaker. . . . .

DoubleU

[jansus]

very clever - thought it was bad news when I started reading.

 

So to be clear - you can pay less that the actual due payt for now to give yourself ti*e to sort yourself out?

 

Sounds like a good deal .

 

Well done you.

 

Would type *ore but so *any words have the letter *

 

Really pleased for you.

[sillygirl1]

Congratulations, so you are abck to your original agreement of £200 extra a month... if there should be any change GET IN THERE FIRST and don't give the creeps another chance to try to shaft you.

 

I would love to have seen the young solicitors face, its hard not to grin when the judge slaughters them in court, one judge turned the tape off, told me not to say anything till he put the tape back on and proceeded to destroy the oppossitions weak defence in legal terms and advised the solicitor to seek work with a more reputable firm!.

 

Keep us informed as to what they reckon the true arrears are and we can help again on tha.

[Rachie1973]

Fantastic news, I'm really chuffed for you

 

If only more judges were as humane and sensible as the one you had!