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Urgent Help Please - Eviction Date 21st December


BornThisWay
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I have previously posted on here that Accord want to repossess my house, following a suspended order in July, because although the payments have been made in full, including the arrears sum, I have not always paid them on time (but always within the month) due to vaguaries with commissions coming into my company and thus me being paid.

 

Arrears stand at approximately £2,700, all payments made in full, next payment due December 28th.

 

They have refused to withdraw Eviction Notice and I now have to go to Court again.

 

Frankly I am sick with worry. I am worried for my animals and the fact I have no-one with whom I could live if I have to leave my home on 21st.

 

Is the judge likely to be sympathetic given that the arrears are reducing by £88 per month? The value of the house is about £170,000, the mortgage £111,000 and I am paying 8% per annum, the rate having gone up during the time that base rate has been 0.5%.

 

My only option in the time seems to be the sale and rent back but I fear that could ruin my finances for the rest of my life. I cannot pay the arrears all at once but can continue to pay the monthly payment plus arrears, albeit not always on the day, but certainly within a few days...........and I have always written and explained the delays.

 

Please help. I am at my wits end and simply have nowhere to turn as I have no family to lend me the money and fear that the judge will find against me, even though in truth I have done little wrong. I am not worried for myself but fear so much for my beloved pets.

 

Thanks.

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Dec 21st is very close.

And £2700 is not a lot of money compared to the value of the house.

You need some quick thinking and action to save your home.

You need to get the eviction order postponed for 3 months - or - thrown out.

 

Do you have space to rent a room ? via a site like craigslitst...

Are there objects you can sell in the next week to raise some funds ?

Or can you pawn something of value until you find your feet. Anything ?

 

Simply, you need to buy yourself some time.

 

Maybe someone else on here can come up with the right steps to take to apply to the court to get a postponement of the eviction.

I hope so. Keep posting or flag this up to the site members for extra speedy help.

All the best

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Thank you for your reply HP Mum - just having someone to talk to is brilliant. I am putting the form into the court tonight to get a hearing - I delayed because I thought Accord might withdraw the action once the November payment is made but they are adamant that the whole arrears of £2,700 be paid. I suppose I could try some sort of loan shark, but sadly have nothing of value I could sell.

 

Do the Courts award deferments? In three months I could sell the house I think as it is quite a popular area. I have worked so hard to keep the mortgage going for so long that I am scared of being left with nothing. I don't understand why Accord are so aggressive. I hope the Court is more lenient, all we are talking about is small delays in payment, not non payment and I know the Council of Mortgage lenders recommend no action unless 6 months arrears - this is only three and a bit.

 

Accord won't give an inch and Cobbetts who act for them simply ignore me.

 

Thank you for responding HP Mum, it is very much appreciated.

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I am no expert. But if you continue to pay something they will find it hard to evict you...

If the house is in a popular area could you rent the whole house out for enough money to cover the arrears, the mortgage and a new very cheap rental for you for the next 6 months ? It would be a compromise for half a year, but might save you now.

Make some enquiries on this.

Fudge things with Accord. Tell them you are owed money and it is coming in January and February - enough to clear arrears and keep up payments.

Do you work ?

I hope someone else comes on here to help. But do a search on here for other eviction stories and how people have got court to waive the eviction.

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Thanks HP Mum. Accord simply won't listen to me. As I said to the girl on the phone this morning 'you clearly want your money back and want me out of my home' - I think therein may lay the problem that many sub-prime lenders simply want to cut their losses and get out of the market. I self certified for the loan hence the high interest rate to protect them. I have written and spoken to them but they simply are not interested. Cobbetts are rude and uninterested and each blames the other as being intransigent. I think I could rent the house out to cover the mortgage but really don't have time to organise that. I will ask the Court to suspend the Eviction on the basis that I am fully up to date, but if they will not will ask for time. Trouble is if they say no, I have effectively run out of time to do anything.

 

I simply don't understand why any financial organisation would do this just before Christmas. I could understand if I had defaulted on the agreement but we are only talking about slight delays. Does anyone know if judges are reluctant to evict just before Christmas?

 

Oh and yes, I do work, and have a good secure job. Thanks HP Mum.

 

Sorry crying now. I have done nothing wrong and I have tried so hard. Whatever happened to the spirit of Christmas I wonder? £2,700 is so little against a mortgage of £111,000 and the house value, their aggression is making me ill.

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Sorry HP Mum I must sound hysterical. To be honest I am exhausted. I have had the flu, am busy at work, and one or two other unrelated problems. I thought this was all sorted in July and sometimes it is so hard to find the strength, when you are on your own, to keep fighting.

 

I will pull myself together this afternoon. Thank you so much for talking to me.

 

If it was just me I think I would tell Accord to take the damn house if they are that desperate but I have old cats and I have no idea what will happen to them, and they are so precious to me.

 

Can you really be Evicted if you have made the payments - I simply don't know.

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Hi there, I assume you are filling in an N244 form? you need to state your case in Q.10 of the form and I can help you draft a statement for that. If you have been making payments every month since the court order then I can't see the judge allowing eviction. Do you have proof of all the payments you have made since the court order ?

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Thank you Ell-enn for stepping in.

I agree that the court probably will not allow eviction - but you must photocopy statements to prove your payments. They must be in your hand so you can prove intent to pay.

I understand it is a worrying time. I have so been there myself. But each and every time I just took a deep breath, dug deep and somehow managed to save myself. This site is wonderful for reaching out and getting help when you are in desperate need of a helping word or action.

All the best,

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You really need to re-mortgage. Your rate is appalling. You should be on less than half that %.

get through this hurdle and then you must switch rates/mortgage companies. Rates will go up next year and you do not want to find yourself on 10-14% if your rate can increase too....

I need to go out now, but good luck this afternoon. Most courts close by 4pm so please act fast... and go there, do not post....

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Thanks Ell-en and HP Mum again. Thank you for the tip re proof of payment. I don't think they are denying that I paid, just that I was a few days late doing so, but I will take your advice and make sure I have proof from my bank statement. I also need to check on the arrears figure in July so I can compare it with now as it will be about £400 less as I am slightly overpaying the £88 arrears per month. In the statement Ell-en I am simply telling the truth, that all payments have been made and given the reason for some delays as slow payment of bonuses at work, which is true. It is always worse at this time of year. Is there anything else I should say? It is odd because I am not having to explain the arrears as last time, since they are reducing. I am so grateful for your help. Starting to calm down a little now since you are helping me. Will take forms to the Court tonight - is it still a £40 fee (that could have gone to the arrears!) and Ell-en do you know who I make the cheque payable to please? HM Mum the high rate is because I self certified as my basic salary would be pushing it a bit for the size of loan, but regular bonuses top that up. My annual overall salary is more than enough for the loan, but of course bonuses are not always taken into account by lenders. Certainly a re-mortgage or house move needs to happen.............but if I can just get past Christmas I will have the time to make plans. I cannot go to Court every few months and I honestly think the CML would be appalled if they knew how I was being bullied.

 

Thank you both again.............I thought I was out of the woods...........but here I am again! :(

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You cannot pay by cheque at this late stage as the court will want it to clear before giving you a date - also courts close at 4pm and I'd advise you not to put your application in their post box. . Wait till tomorrow morning and take £40 cash - they will give you a hearing date while you wait (probably monday or tuesday). Tonight we can write a proper statement and get things in order properly. Do you have a printer at home?

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Thanks Ell-en. I know I paid by cheque last time but as you say it is short notice. I will take it all to the court tomorrow as you suggest. Yes I do have a printer at home. Oddly the Eviction Notice is dated 3rd December which is a Saturday - as a side issue does the County Court work on a Saturday? It is also a scruffy photocopy which has smudged!! What sort of time will you be around and how can I send you what I have put so far? Thanks so much.

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Hi there, I will be online again when I get home from work, but probably best around 7pm?

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Hi, before I can finalise your statement can you answer the following please:

 

Is the mortgage in joint names?

do you have any children?

are you self employed or salaried?

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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, do you have proof of the payments you have made? you will need to enclose those with the statement and N244

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Yes, anything which shows you have made payments each month.

 

Affixed is the the statement for Q.10 – you need to fill in the information where there are XXX's (the information will be on the eviction warrant) read it through carefully to make sure all the info is correct When you print it out the printer needs to be set for A4 paper (not Letter size) so it all fits on one page.

 

On the proof of payments documents - write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner. (At Q.10 of the N244 tick attached statement)

 

Now assemble as follows:

N244 completed.

Statement – signed

Appendix 1 – proof of payments

 

This forms the pack to take to court. Make sure it is stapled securely together. You will need to take a photocopy of it all for yourself before taking the pack to court so you have a copy to refer to in the hearing.

You will need to pay a fee of £40 when you hand it in to court and it will have to be in cash. They should be able to give you a date for the hearing while you are there. Ask the court staff if there will be any duty legal advisers in attendance on the day of your hearing, they can accompany you into the hearing and support your case.

 

Also affixed is an N244 form and below are the instructions for completing it:

1.Your name

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

Born this way Statement for N244.doc

n244_0400.pdf

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Thank you very much indeed that is extremely professional. I really appreciate you taking the time to help me with this. I can't thank you enough. Will let you know how I get on re the hearing when I take the papers in tomorrow. Thanks again.

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You're welcome. Let us know what date the hearing is and we can run through the procedure.

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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Thanks Ell-en. I know I paid by cheque last time but as you say it is short notice. I will take it all to the court tomorrow as you suggest. Yes I do have a printer at home. Oddly the Eviction Notice is dated 3rd December which is a Saturday - as a side issue does the County Court work on a Saturday? It is also a scruffy photocopy which has smudged!! What sort of time will you be around and how can I send you what I have put so far? Thanks so much.

 

I didn't think that courts were open on Saturdays personally, but then I didn't think that evictions took place that close to Christmas either what with most organisations and authorities not being at full capacity over the period.

 

I must say that I am shocked at the way this company has behaved. It sounds as if you literally missed a payment on the Monday and they had an eviction date by the Saturday! That's madness!

 

I really hope that the judge sees it that way too and I am sure most would do. After all you've paid everything you said you would pay and have reduced the arrears

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Thank you Rocco. I did say to the girl at Accord that they must have applied for the Eviction Notice before the missed payment on 28th November, even though I wrote to them and Cobbetts explaining the siituation and that payment has now been made in full. I hoped that once the payment is made they would show some compassion but the people I spoke to today at both Accord and Cobbetts were as cold as ice, and mostly blaming each other.

 

It is a shame that the people who work in repossessions couldn't be a little more human. Have they never had financial problems? I have lost count of the letters I have written to Cobbetts with no reply whatsoever - and they told me about the eviction after I had the note from the Court, no discussion, no negotiation.

 

I was surprised that they evict in the run up to Christmas. Mary and Joseph had nowhere to go, yet here we are 2000 years later and there are still organisations that would throw you on the streets at Christmas for the sake of £2,500. I have nowhere to go, no family, seems harsh doesn't it? I am not a bad person, just someone struggling to keep a roof over her head in trying times.

 

I hope the Judge will let me stay, if not, well I simply don't know what I will do. For myself I would sleep in the street, but it is my animals I worry about.

 

Many thanks for responding, it helps to talk.

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