2nd Eviction Pending

[Nippy3]

I had a warrant for eviction suspended in May 2011 after I received a permanent job offer (having contracted for a number of years). Unfortunately, this was withdrawn the day before I was due to start because of budgetary issues and so I had to spend time between temping and claiming benefits in order to afford to pay for food. I wasn’t left with enough to pay my mortgage.

 

Having been a contractor, I have built up £12000 of mortgage arrears since 2007 but now I have started a permanent job and I’m in a position to stop them increasing and begin paying off not only my mortgage but also the arrears. I put an offer to Halifax’s solicitors (Walker Morris) but they told me that they would put my offer to Halifax after an eviction date has been received. I was advised not to speak to Halifax directly.

 

During the May 2011 eviction hearing, the Halifax rep had been instructed to refuse any offer I made – thankfully at that time, the judge allowed me to remain in my home when I offered to repay £1000 per month (more than I could reasonably afford – but I could have just about managed - £567 for mortgage and rest for arrears).

This time I am offering £600 per month for the first 3 months followed by £700 per month thereafter. Because I have got behind with other bills that’s the maximum I can afford.

 

I received letters from Walker Morris and the courts with an eviction date of 28th February – the Walker Morris letters were sent out on the 10th Feb. At this time they already had my proposal – does this mean that Halifax have rejected my proposal?

[Nippy3]

Help.....anyone?.......should I submit the N244 now assuming that my repayment offer has been rejected?

FYI 29 years remaining on mortgage.

Edited February 15, 2012 by Nippy3

[ims21]

Help.....anyone?.......should I submit the N244 now assuming that my repayment offer has been rejected? FYI 29 years remaining on mortgage

 

Please be patient...the guys will advise as soon as they are available

 

ims

[Nippy3]

Sorry - I'm going a little nuts now that I've realised I can't afford to file the N244 until the day before the eviction due to my paydate at new job. I came of benefits and I've got nothing until that comes in

[Rocco17]

Hi there

 

Who told you not to speak directly to Halifax and why?

 

It might be worth calling and asking if they have considered your proposal. At least you will know where you stand and what you have to deal with.

[Nippy3]

The solicitors Walker Morris advised me to go through them rather than speak to Halifax - I figured I'd call Halifax if i didn't hear back today

[Nippy3]

Walker Morris replied.......

 

"Further to your email, we have taken instructions from our client and can confirm that the client would not cancel the eviction without a significant lump sum payment towards the arrears prior to the eviction date. The arrears at today’s date are £12367.12. If you can contact us urgently to advise the lump sum payment that you would be able to make, we will refer this to the client and seek their instructions.

 

Please contact us urgently to discuss this matter so that we can resolve this matter."

 

 

If I had a lump sum available I wouldn't have let the arrears build up this much - If I could pay a lump sum I would have let them now......I suppose I thought they would accept based on the term of the mortgage and my new situation - which I have sent them proof of) What are my chances of getting this suspended again and can anyone help me?......please.....I can't afford to pay the fee for the N244 until next Friday

[ikle pickle]

Hi hun, take a look at this link:) it may just give you light at the end of the tunnel:) xx

http://www.fsa.gov.uk/pubs/cp/cp10_02.pdf

[Nippy3]

Thanks ikle pickle - it's made me feel a little better - I spoke to hrac and them mentioned that Halifax in particular are being extremely agressive at the moment.

 

I thought they might want to avoid the extra cost and hassle of going to court again - but apparently not.

 

It's not the best option for me either though because I can't afford the N244 fee until the 24th (eviction set for 28th) AND I have to take time off to take the forms to the court AND to gte to the hearing. I've only just started a new job and I was naive enough to believe they might accept my offer

Edited February 17, 2012 by Nippy3

[Lea_HTH]

Do you have absolute concrete proof of this new permanent job? And if not, can you get it? You will need a letter from your employer, on headed paper, containing your full name, date of birth, NI number, your employment start date, length of contract/permanent, salary amount and pay date. Nothing less will do, since you have previously told the court that you had a permanent job which then fizzled away - without proof this time that you have actually started the job, the court simply won't believe you.

 

If you have not yet received your first pay, you may still be entitled to a fee remission for the filing of the N244 - you will need to check with the court and I'd suggest you do that as quickly as possible, and if that fails, borrow the money from someone as leaving it until 24th is VERY late and may cause problems with getting a hearing before the eviction date.

 

How long do you have left to run on the mortgage?

[Nippy3]

I've already started the job - I sent Walker Morris a copy of the offer letter and I get paid next Friday. The mortgage has 29 years left on it.

 

The offer letter contains name/address/perm salary/start date. I can also provide a copy of my contract if necessary.

Edited February 17, 2012 by Nippy3

[Lea_HTH]

Under the case law (Norgan) you should be able to reasonably pay back 50 quid a month towards the arrears, which will clear them well before the end of the mortgage term (I've calculated it as 25 years to give some leeway, rather than used the full 29 years you indicate you have left). Can you afford 50 per month towards the arrears PLUS the CMI? If yes, then if you have concrete proof/evidence of your new job, and the salary can support these payments then you stand a good chance of staying the eviction.

 

Ask a relative or a friend for the money for the N244 if you have to - I appreciate that you probably do not want anyone to know, but I am sure they will be sympathetic for your situation and will assist you - don't forget that thousands of people are going through this type of action every year - it's a difficult time for a lot of people, so don't be afraid to ask for help from those closest to you. I wouldn't suggest you leave the N244 until 24th - whilst you may get a hearing before the eviction date, the stress between now and then will be overwhelming. You could have a quiet word with your employer and explain the situation - they may be willing to give you a couple of hours off in which to file the paperwork in court.

[Nippy3]

I can pay more than £50 per month towards the arrears - and that's assuming that I don't receive a bonus or salary increase over that period. I can't ask for the N244 fee as I don't have any family or friends that can help.

 

Taking the time isn't the main problem - it's the fee - the courts don't seem to have a solution for dealing with someone that has just come off benefits and advised me to wait until the 24th. I've read about emergency situations where you can request 5 days to pay - surely that fits my situation

Edited February 17, 2012 by Nippy3

[Lea_HTH]

Can you ask your employer for a small advance?

 

If it has to wait until 24th, then so be it - but you should try to attend the court on that day, file the paperwork, and hope to get a hearing that day -but it might not be until the following Monday.

 

Start preparing all the paperwork now, so that at least you are ready to file the defence on 24th when you have the money.

[Nippy3]

I've got a full set of paperwork ready to go.....

 

The N244 filled in

Statement outlining my proposal with attached budgets (based on my probation period salary and perm salary)

Statement of personal circumstances leading to difficulties and measures taken to resolve

Copy of Offer letter

EX160b (request to ask the court to allow me to pay court fees 5 days from the day the hearing is requested)

 

I'll take them in on Tuesday (been given morning off)....unless it's worth mailing them today and calling the court for the hearing date on Monday

 

If I'm given a hearing date for the following week - should I still make a payment towards the mortgage when I get paid ?

Edited February 17, 2012 by Nippy3

[Lea_HTH]

"Offer letter"? For the job? Not good enough - see my earlier post about the type of letter you require. You said you had already started the job, so it should be no problem to obtain the letter containing the right level of information that a judge will feel he/she can rely on.

 

Take the paperwork to the court - do not send it.

 

When is your next payment due on the mortgage? If it's before the hearing, then yes, make the payment when it's due.

[Nippy3]

I have a copy of my contract too - but I'm more inclined to take that along with me instead of submitting with the N244. The next payment is due on the 28th so I'll make that when I get paid and inform Halifax's solicitors

[Ell-enn]

Nippy, have you looked at the guidance for filling in the N244 at the top of the repo forum ? would you like us to look over your statement at Q.10 of the N244 ?

[Nippy3]

Hi Ell,

 

I sent you the text from the letter I sent Halifax as well as the summary proposal for the N244

I plan to submit both with the N244 form

 

Have a look

[Ell-enn]

OK, just noticed the first paragraph of the Q.10 statement is wrong - it should say "I am the defendant in this case and respectfully request the court to consider the following information when hearing my application:"

Also, have you labelled all the documents you are attaching as Appendix 1, 2 etc and referred to them in the statement? (I can't see that in what you have sent me).

[Nippy3]

Sorry - I sent you a rough copy of the N244 statement that didn't have my roll number etc on there

I've changed all the We's to I's and amended the grammar throughout to match. Also I've labelled the appendices as you described

[Nippy3]

Received from Halifax's solicitors:

 

"Further to your below email, we have now taken our client instructions and can advise that the client would like to see evidence that you have started a new job ideally a contract. Secondly, they would like a copy of the income and expenditure form taking into account all the relevant information . Once the above information has been reviewed by the client, they will then make a decision with regards to the forthcoming eviction."

 

Is this positive?.......

[Nippy3]

Thank the Gods......!!!!

 

I mentioned in an e-mail to Halifax that if they chose to decline my offer, I would be submitting another N244. They came back asking for evidence that I had started my job (I sent contract and an e-mail from my work account) and within 30 minutes replied that they would cancel the eviction if I pay the contractual mortgage payment (without arrears) by the 28th Feb followed by subsequent payments of £600 per month as I proposed.

 

Thanks for all the help -

[Mark&Janice]

Glad it all worked out nippy

[Nippy3]

Thanks guys. It was such a relief. I'm going to ask what prompted the turnaround - I thought it may have been the fact that I mentioned I'd be requesting another hearing but maybe not. The solicitors made me a little suspicious throughout. In fact I sent them details about my new job on 24 January but they told me that they would not let Halifax know until after an eviction date had been arranged. Surely the sooner this is relayed, the sooner negotiations can begin - I don't know - but I want to discuss this with Halifax or their solicitors. Somewhere along the line they might have been advised that it was likely that a hearing would be judged in my favour....I don't know - but I'd like to so when I find out I'll let everyone know. This forum has been really useful and it's helped me through the last couple of weeks so I'd like to help anyone also that needs it. I'm not a solicitor or accountant but I'll do what I can. Also the HRAC have beena big help. They're a charity that help people facing repossession - they have offered to help by sending someone to my court, the N244 fee and general advice.