Eviction date 30th May...Help!!!

[ihavenoideawhattodo]

Hello,

I'm new to this forum, I have an eviction date for the 30th of May! My lender holds an outright possession order which they obtained in 2008. I agreed terms with them at that time and the order was suspended. I continued to pay the mortgage but from time to time slipped into arrears again, but also managed to agree terms with the lender and carry on with my payments. In February 2011 my lender served me with yet another eviction notice but I filed an N244 to ask the judge to allow me and children to stay. This was agreed and a suspended possession order granted (and the original order varied on the basis that I make the mortgage payment and pay £100 towards the arrears). I kept up with this payment until December 2011 and have since fallen back into arrears again. My lender has now sought to enforce the original order granted in 2008 and we have an eviction date of the 30th. I feel I have no defence as I have not kept to the terms of the suspended order and I don't know what to do now to stop the eviction. In desperation last week I contacted a charity called Homeowners Rescue Advice Centre who assured me that they would be able to help. After delaying the case, I finally pinned them down today only to be told that they couldn't deal with the case and was referring it to a fee paying company that they normally use called Homeowner Management Service. These people called me and confidently told me that they could take my case on and with their success rate I will be able to stop the eviction. What they said they would do is to write a letter to the judge and based on that alone the judge would be sympathetic to my plea, for this they wanted an upfront fee of £650. Ofcourse at this point alarm bells started ringing and I decided not to go ahead with them... so here I am now back to square one but with less time than I started off with and I still have no idea of what to include on my N244 form that I have to submit to the court by 10.00am in the morning. Can anyone please help????

[Lea_HTH]

Your biggest problem is that Ell-enn, who usually helps people with writing their N244s works and may not see this post until later on today. I am literally about to leave to go to court, so I can't do much more than give you the following advice - I won't be back until later this afternoon.

 

1. You need to work out how much the arrears are divided by the number of years and months (exactly) that you have left on the mortgage. So, if the arrears are £1000 and you have 10 months left on the mortgage, the payment you MUST offer is £100 a month. Obviously that is just an example, and the likelihood is your arrears are substantially more than that, and the term left on your mortgage is substantially longer. This payment is called a 'Norgan compliant offer' - it is the starting point for a reasonable repayment plan for arrears on a mortgage, and the judge will be able to accept it, if that is what you can afford.

 

2. To show affordability, you MUST complete an income and expenditure form - you will find one at the top of the repossession forum, in a sticky thread created by Ell-enn. It calculates automatically as you fill it in. Be realistic, make sure you are able to afford the offer you are making to the court.

 

3. Be prepared to explain in your N244 why you have missed payments - was there illness? Job loss? What was the reason? If it was that you were paying other debts, then you'll have a problem, so make sure the reason is one the judge can be sympathetic towards.

 

4. Keep your statement on the N244 simple and straightforward and stick to the facts ONLY.

 

How old are your children?

Have you been contacted by the local authority with regards to the Mortgage Rescue Scheme? If not, phone them today - in fact, it would be better if you went into the council offices and picked up an application form, filled it in, and ask them to give you a letter stating you have made an application. This may be enough to get the judge to stay the warrant whilst your application for MRS is going through.

[Lea_HTH]

I will be back later on - but you MUST get on and do the above things. Hopefully whilst I am away, someone else may be along to give some further guidance. I have sent Ell-enn a message to look at this thread, so if she's available she may be able to help you fill in the form.

[ihavenoideawhattodo]

I will be back later on - but you MUST get on and do the above things. Hopefully whilst I am away, someone else may be along to give some further guidance. I have sent Ell-enn a message to look at this thread, so if she's available she may be able to help you fill in the form.

Thank you, I'm on my way to court now, and on the form I explained that I had lost my job, I have a new one, I completed an income and expenditure form, gave details of the age of the children and pleaded mercy on their benefit. I also made Maya's mortgage payment and made that clear on the form. I hope it's ok. I'll pop into the council office as it's not far from the court.

[James J]

Hi,

 

I'm making a BBC documentary on housing and exactly these issues. I'd love to speak to you. Give me a call on 07731983047.

 

Thanks and good luck

 

James

Edited May 29, 2012 by ims21
Memo: Post Approved by Admin

[Ell-enn]

Hi there, I have only just seen your post. I am at work at the moment and don't have much time. Take a look at this guide http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession which will show you how to set out a statement to go with the N244 etcIt you have already taken your form to court, we can always do an up to date statement for the hearing.

[BornThisWay]

ihavenoideawhattodo...........don't give up. Many people have defended umpteen attempts to evict them. Judges do not want to throw people out of their homes, but you have to make a reasonable case as to why arrears have accrued again - which you seem able to do.

 

I have no idea how far you are in arrears, but The Council Of Mortgage Lenders recommend that repossession not even be considered until at least 6 months of arrears have occurred and only then if the borrower is not prepared to try and co-operate. Do not assume that because you have failed to stick to a previous arrangement that you will automatically be evicted - in my experience judges are much nicer more understanding people than mortgage lenders!

 

If you have decent equity you should also make a point of mentioning this as it shows that the lender is not in danger of losing their money and the judge will consider your case more favourably.

 

Good luck and let us know how you get on!!

[ihavenoideawhattodo]

ihavenoideawhattodo...........don't give up. Many people have defended umpteen attempts to evict them. Judges do not want to throw people out of their homes, but you have to make a reasonable case as to why arrears have accrued again - which you seem able to do.

 

I have no idea how far you are in arrears, but The Council Of Mortgage Lenders recommend that repossession not even be considered until at least 6 months of arrears have occurred and only then if the borrower is not prepared to try and co-operate. Do not assume that because you have failed to stick to a previous arrangement that you will automatically be evicted - in my experience judges are much nicer more understanding people than mortgage lenders!

 

If you have decent equity you should also make a point of mentioning this as it shows that the lender is not in danger of losing their money and the judge will consider your case more favourably.

 

Good luck and let us know how you get on!!

 

Thanks everyone, I had the hearing today and eventually resolved to requesting time to sell the property. I'm happy with that, but I have three months to sell!! Or at least exchange contracts...

[BornThisWay]

ihavenoidea..............did you ask for another arrears repayment arrangement or did you go straight to asking for time to sell?

 

I thought that you would have had every chance to stay in your house, particularly as you have children, do you have much equity?

[ihavenoideawhattodo]

ihavenoidea..............did you ask for another arrears repayment arrangement or did you go straight to asking for time to sell?

 

I thought that you would have had every chance to stay in your house, particularly as you have children, do you have much equity?

Yes, I asked for the order to be suspended and told them about change in circumstances that would enable me to keep up payments going forward but in all honesty, with that I can only realistically manage the next three months as my income is very uncertain (though I didn't mention that). If the judge had granted that I know I'd be back to square one in a few months time. The judge heard my plea, looked at the arrears balance, looked at my history and stated it would be in everyone's best interest if I'm allowed time to sell the property, pay off the mortgage and get out of debt.

I see it as a fresh start because I took this mortgage when I shouldn't have and it's haunted me since then.

 

Thanks again all for your advice.

[BornThisWay]

I think you are being very sensible ihavenoidea. As you say a temporary reprieve could just give you even more hassle. I think we have all been brought up to believe that house ownership is the be all and end all, but in fact it can just be a load of hassle.

 

We are the only country in Europe so obsessed with home ownership - everywhere else most people rent and are quite happy doing so.

 

This way you will get a chance of repairing your credit rating and you can always have another go in the future!! Hope it all works out for you.