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    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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Engage Trying to evict me- Help+ lots of Fees to get back ! EVICTION STOPPED


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Hi

 

Last year we were in mortgage arrears and were told we would be taken to court, they were after a possession order. Stupidly I didn't get legal advice due to cost and my local CAB being unavailable pretty much all the time. The Mortgage company said if I arranged an amount per month with them in additional to my payments they would just get a suspended possession order and I needn't attend court (bad advice it seems but I was naive).

 

so they got their suspended order and we started paying it, but then had some work difficulties and went through a period of not being able to pay the full amounts.

 

Now they are saying they are going for an eviction though no date is through yet. There want a large lump sum, I don't have one. Help!

 

I have filled in an income and expenditure which proves I can now afford the regular monthly payment, the spo amount and a small additional amount towards the arrears but it sounds as if they won't agree and just want possession now. Will they get it?

 

There are a few hundred £'s of insurance payments on there which they say they will remove due to me already having buildings insurance elsewhere.

 

They have bought this mortgage off another company which were charging me arrears charges of around £55 a month too. Can anything be done about that? Because if all of those things came off we would be a bit nearer to making a dent in the arrears?

 

Basically help! I have three kids and am worried sick!

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Hi

 

Last year we were in mortgage arrears and were told we would be taken to court, they were after a possession order. Stupidly I didn't get legal advice due to cost and my local CAB being unavailable pretty much all the time. The Mortgage company said if I arranged an amount per month with them in additional to my payments they would just get a suspended possession order and I needn't attend court (bad advice it seems but I was naive).

 

so they got their suspended order and we started paying it, but then had some work difficulties and went through a period of not being able to pay the full amounts.

 

Now they are saying they are going for an eviction though no date is through yet. There want a large lump sum, I don't have one. Help!

 

I have filled in an income and expenditure which proves I can now afford the regular monthly payment, the spo amount and a small additional amount towards the arrears but it sounds as if they won't agree and just want possession now. Will they get it?

 

There are a few hundred £'s of insurance payments on there which they say they will remove due to me already having buildings insurance elsewhere.

 

They have bought this mortgage off another company which were charging me arrears charges of around £55 a month too. Can anything be done about that? Because if all of those things came off we would be a bit nearer to making a dent in the arrears?

 

Basically help! I have three kids and am worried sick!

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Hi there, don't panic, there is always something we can do to help. If they refuse to accept your proposal you can apply to the court to get a hearing in front of a judge to get the eviction cancelled and we can help you with that.

 

I need to ask a few questions before I can advise further:

 

Who is the lender?

How much are the arrears (approx)

How many payments have you missed since the spo

have you filled in their income & expenditure sheet? or one of your own? have you given it to them yet?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Hi there, don't panic, there is always something we can do to help. If they refuse to accept your proposal you can apply to the court to get a hearing in front of a judge to get the eviction cancelled and we can help you with that.

 

I need to ask a few questions before I can advise further:

 

Who is the lender?

How much are the arrears (approx)

How many payments have you missed since the spo

have you filled in their income & expenditure sheet? or one of your own? have you given it to them yet?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Will pm you the company actually if that is alright, I don't know if it makes any difference but just in case. the arrears are £9500 ish overall with about £3400 since the SPO apparently. I paid fully in June, a big chunk of a months worth in May and a lump sum off about £1500 or £2000 i think earlier in the year and then whatever I could over the past few months. I will be making my full payment plus £300 ish this month, same next month and have offered to pay around £200 extra over the next few months. Yes to the I&E form and have sent them that.

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Will pm you the company actually if that is alright, I don't know if it makes any difference but just in case. the arrears are £9500 ish overall with about £3400 since the SPO apparently. I paid fully in June, a big chunk of a months worth in May and a lump sum off about £1500 or £2000 i think earlier in the year and then whatever I could over the past few months. I will be making my full payment plus £300 ish this month, same next month and have offered to pay around £200 extra over the next few months. Yes to the I&E form and have sent them that.

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Are you sure you can afford that amount towards the arrears in addition to the normal monthly payment? will you be able to maintain that amount ?

 

It's a shame you filled in their I & E form, they're usually pretty restrictive in regards to categories of outgoings. It's best to use the budget sheet that the CAB/Nationaldebtline use and which we also recommend. I've affixed a sample - it calculates automatically as you fill it in - try completing it and see if it gives a different result than the one you have already done. Did you send it to them by recorded delivery?

Budget Sheet.xls

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Are you sure you can afford that amount towards the arrears in addition to the normal monthly payment? will you be able to maintain that amount ?

 

It's a shame you filled in their I & E form, they're usually pretty restrictive in regards to categories of outgoings. It's best to use the budget sheet that the CAB/Nationaldebtline use and which we also recommend. I've affixed a sample - it calculates automatically as you fill it in - try completing it and see if it gives a different result than the one you have already done. Did you send it to them by recorded delivery?

Budget Sheet.xls

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I'll have a look at that now, thanks. I only sent it regular post and so far they haven't received it. I know we can afford it because I have gone over the figures and have factored in one offs and emergencies too plus I have asked to increase my hours at work so that would help too.

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I'll have a look at that now, thanks. I only sent it regular post and so far they haven't received it. I know we can afford it because I have gone over the figures and have factored in one offs and emergencies too plus I have asked to increase my hours at work so that would help too.

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Did you put a covering letter with the I&E ?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

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Did you put a covering letter with the I&E ?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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OK, it's a fair chance that even if they have got it - it won't have arrived at the right desk. You need to send again with a covering letter (if you need help with it I can draft one for you) and send by either recorded or special delivery, so they can't say they haven't got it. Did you have the right department and address to send it to ?

 

I haven't got your pm yet with the name of the lender - it would be helpful to know who we are dealing with.

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OK, it's a fair chance that even if they have got it - it won't have arrived at the right desk. You need to send again with a covering letter (if you need help with it I can draft one for you) and send by either recorded or special delivery, so they can't say they haven't got it. Did you have the right department and address to send it to ?

 

I haven't got your pm yet with the name of the lender - it would be helpful to know who we are dealing with.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

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Hi, got your pm :) and replied

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Hi, got your pm :) and replied

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Thank you for your reply. So step one is getting this I&E to them with my insurance schedule to see how much its reduced by and then try and get them to stop possession?

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Thank you for your reply. So step one is getting this I&E to them with my insurance schedule to see how much its reduced by and then try and get them to stop possession?

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You need to send the I &E with a covering letter outlining your payment proposal. Do you need help with the letter?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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You need to send the I &E with a covering letter outlining your payment proposal. Do you need help with the letter?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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