warrant of possession to be issued AGAIN.... help! - *Eviction Cancelled*

[jlloyd]

Hi, I have recieved help here before and just looking for some advice again.... back in Oct. 2011 we had a warrant of possession stopped and have kept up with agreed payments since then evry month. My husband is self employed and was out of work for one month and we have not made this months payment (may) which was due on the 1st. on the 8th we recieved a letter from HL interactive, solicitors for Santander, that we have not kept up with payments???? and now want the total amount of arrears in cleared funds by 4pm on Friday May 18th. We have been working on getting the money together but it is impossible to have cleared funds by then... so it says they will" issue a Warrant of Possession on the property without notice or reference to us".... do we have a chance legally for them to hold off for a week or so??? can we apply to the court??? We really want to save our house and we can do it... just being out of work for 1 month set us behind. Prior to this we had just sent in the offer of capitalization that they had sent us.... help??? Thank you!

[jlloyd]

Hi, I have recieved help here before and just looking for some advice again.... back in Oct. 2011 we had a warrant of possession stopped and have kept up with agreed payments since then evry month. My husband is self employed and was out of work for one month and we have not made this months payment (may) which was due on the 1st. on the 8th we recieved a letter from HL interactive, solicitors for Santander, that we have not kept up with payments???? and now want the total amount of arrears in cleared funds by 4pm on Friday May 18th. We have been working on getting the money together but it is impossible to have cleared funds by then... so it says they will" issue a Warrant of Possession on the property without notice or reference to us".... do we have a chance legally for them to hold off for a week or so??? can we apply to the court??? We really want to save our house and we can do it... just being out of work for 1 month set us behind. Prior to this we had just sent in the offer of capitalization that they had sent us.... help??? Thank you!

[BornThisWay]

If they apply for a warrant you will be advised by the Court of when this is to be. At that time you can go back to the Court to try and have it cancelled.

 

The problem is that these lenders can, and do, claim you have broken an arrangement one day after you have failed to make a payment, and then they launch their procedure (for which you will be charged) to apply for a warrant to evict you. It may be a few weeks before you hear however as the Bailiffs seem to be very busy at the moment.

 

If they won't negotiate and you cannot bring the account up to date you will need to go to Court but on the basis of what you have said I would think it is very unlikely that the Judge will back them - it is to no-one's advantage to have people homeless - but some lenders seem determined to try and evict anyone they can.

 

PS these are typical bully boy tactics by lenders, but remember it is up to the court if you are evicted, not the lender!

Edited May 14, 2012 by BornThisWay

[BornThisWay]

If they apply for a warrant you will be advised by the Court of when this is to be. At that time you can go back to the Court to try and have it cancelled.

 

The problem is that these lenders can, and do, claim you have broken an arrangement one day after you have failed to make a payment, and then they launch their procedure (for which you will be charged) to apply for a warrant to evict you. It may be a few weeks before you hear however as the Bailiffs seem to be very busy at the moment.

 

If they won't negotiate and you cannot bring the account up to date you will need to go to Court but on the basis of what you have said I would think it is very unlikely that the Judge will back them - it is to no-one's advantage to have people homeless - but some lenders seem determined to try and evict anyone they can.

 

PS these are typical bully boy tactics by lenders, but remember it is up to the court if you are evicted, not the lender!

[Lea_HTH]

The court won't advise you of when a warrant is applied for - the bailiffs will send you a Notice of Eviction with the date/time to vacate the property, that is the

point at which you can make an application to stay the eviction (it's not 'cancelled' it's 'stayed' - which means that each time you miss a payment, a further warrant can be applied for - this is standard for those under a suspended possession order).

 

The mortgagee is quite entitled, when you miss a payment, be that by one week or by one month, to apply for a warrant of execution - so, whilst the above post implies they 'claim you have broken the arrangement', in actual fact you HAVE broken a court order, and therefore the warrant was an inevitability. Yes, it seems a bit hasty, but as you have made no reference to how much the arrears are, it's difficult to state for sure whether it is or not.

 

No matter one way or the other, you are in a good position to get any NoE stayed if you can bring the order back up to date. It is perfectly understandable that there was a blip, but in future, the minute you know you're going to miss a payment, you MUST tell them, and then they won't take this type of enforcement action.

 

Try not to worry too much - write to them, explain the issue, request that they cancel the warrant, and give them a date by which you expect to bring the order back up to date. Inform them that you are prepared to make a stay application if they do not cancel the warrant.

 

Await their response - if in the interim you receive an NoE, then you will need to submit a stay application on form N244.

 

I doubt you'll lose your home unless your arrears are horrendous and affordability is a massive issue.

[Lea_HTH]

The court won't advise you of when a warrant is applied for - the bailiffs will send you a Notice of Eviction with the date/time to vacate the property, that is the

point at which you can make an application to stay the eviction (it's not 'cancelled' it's 'stayed' - which means that each time you miss a payment, a further warrant can be applied for - this is standard for those under a suspended possession order).

 

The mortgagee is quite entitled, when you miss a payment, be that by one week or by one month, to apply for a warrant of execution - so, whilst the above post implies they 'claim you have broken the arrangement', in actual fact you HAVE broken a court order, and therefore the warrant was an inevitability. Yes, it seems a bit hasty, but as you have made no reference to how much the arrears are, it's difficult to state for sure whether it is or not.

 

No matter one way or the other, you are in a good position to get any NoE stayed if you can bring the order back up to date. It is perfectly understandable that there was a blip, but in future, the minute you know you're going to miss a payment, you MUST tell them, and then they won't take this type of enforcement action.

 

Try not to worry too much - write to them, explain the issue, request that they cancel the warrant, and give them a date by which you expect to bring the order back up to date. Inform them that you are prepared to make a stay application if they do not cancel the warrant.

 

Await their response - if in the interim you receive an NoE, then you will need to submit a stay application on form N244.

 

I doubt you'll lose your home unless your arrears are horrendous and affordability is a massive issue.

[jlloyd]

Hi Lea...

Our arrears short of £6,700. that is down from almost £11,000 Feb. of last year. so you can see we have been really paying it off... Santander wont talk to us they tell us talk to HL interactive and they dont seem to be flexible at all. Will writing a letter explaining all this to them help?

[jlloyd]

Hi Lea...

Our arrears short of £6,700. that is down from almost £11,000 Feb. of last year. so you can see we have been really paying it off... Santander wont talk to us they tell us talk to HL interactive and they dont seem to be flexible at all. Will writing a letter explaining all this to them help?

[Lea_HTH]

What did the order state regarding the amount that you were to pay off each month?

 

You should put your offer in writing to Santander, and send a copy to HL Interactive and indicate that you would like a response in writing. Make sure you send both copies by recorded delivery and ensure you keep a copy of the delivery signature (you can produce these in court if they deny that you tried to contact them).

 

If they don't respond, or they respond negatively, you will have to wait for the NoE and make a stay application. I appreciate that is probably quite worrying for you, but as I said earlier, if you can bring the order up to date, then the court is likely to suspend the warrant.

 

I can't answer your question - that is a matter for them. If you do everything that has been suggested and you still receive an NoE, then you take the next step at that point. No point in worrying about that until you receive an NoE - at the moment, focus on giving them the information regarding when you can bring the order up to date and getting them to agree to cancel their warrant.

[Lea_HTH]

What did the order state regarding the amount that you were to pay off each month?

 

You should put your offer in writing to Santander, and send a copy to HL Interactive and indicate that you would like a response in writing. Make sure you send both copies by recorded delivery and ensure you keep a copy of the delivery signature (you can produce these in court if they deny that you tried to contact them).

 

If they don't respond, or they respond negatively, you will have to wait for the NoE and make a stay application. I appreciate that is probably quite worrying for you, but as I said earlier, if you can bring the order up to date, then the court is likely to suspend the warrant.

 

I can't answer your question - that is a matter for them. If you do everything that has been suggested and you still receive an NoE, then you take the next step at that point. No point in worrying about that until you receive an NoE - at the moment, focus on giving them the information regarding when you can bring the order up to date and getting them to agree to cancel their warrant.

[ikle pickle]

Ok Hun, what you need to do as soon as the warrent comes through is appeal the warrent for possession. Also make a complaint with Santander and contact the fso to ask them to raise the complaint on your behalf. Look through all your financial statements. I found a hole year that was incorrect. You need to check your annual statements against your bank statements. You can send a subject data request to hl via email and post. If you look on the forum there is some fantastic templates for this. If I can help drop me a pm

[ikle pickle]

Ok Hun, what you need to do as soon as the warrent comes through is appeal the warrent for possession. Also make a complaint with Santander and contact the fso to ask them to raise the complaint on your behalf. Look through all your financial statements. I found a hole year that was incorrect. You need to check your annual statements against your bank statements. You can send a subject data request to hl via email and post. If you look on the forum there is some fantastic templates for this. If I can help drop me a pm

[ikle pickle]

I have had this with hl. They tried to issue a warrant baced on a breech of a lament plan set by the judge when no payment plan had even been put in place! They even sent me new revised statements in the data that didn't add up as contradicted one another. A fine example was one month they stated we paid £366 the actual amount paid was £450.00 my complaint is still going but i have an annual statement for a full year showing every payment as incorrect, so check and double check

[ikle pickle]

I have had this with hl. They tried to issue a warrant baced on a breech of a lament plan set by the judge when no payment plan had even been put in place! They even sent me new revised statements in the data that didn't add up as contradicted one another. A fine example was one month they stated we paid £366 the actual amount paid was £450.00 my complaint is still going but i have an annual statement for a full year showing every payment as incorrect, so check and double check

[ikle pickle]

Lea we were set up by them and I have all the proof. It is unbelievable what hl interactive do to take your home. Serve them with a subject data tomorrow and raise a complaint tomorrow with the fso. If you need there direct email I have it

What did the order state regarding the amount that you were to pay off each month?

 

You should put your offer in writing to Santander, and send a copy to HL Interactive and indicate that you would like a response in writing. Make sure you send both copies by recorded delivery and ensure you keep a copy of the delivery signature (you can produce these in court if they deny that you tried to contact them).

 

If they don't respond, or they respond negatively, you will have to wait for the NoE and make a stay application. I appreciate that is probably quite worrying for you, but as I said earlier, if you can bring the order up to date, then the court is likely to suspend the warrant.

 

I can't answer your question - that is a matter for them. If you do everything that has been suggested and you still receive an NoE, then you take the next step at that point. No point in worrying about that until you receive an NoE - at the moment, focus on giving them the information regarding when you can bring the order up to date and getting them to agree to cancel their warrant.

[ikle pickle]

Lea we were set up by them and I have all the proof. It is unbelievable what hl interactive do to take your home. Serve them with a subject data tomorrow and raise a complaint tomorrow with the fso. If you need there direct email I have it

What did the order state regarding the amount that you were to pay off each month?

 

You should put your offer in writing to Santander, and send a copy to HL Interactive and indicate that you would like a response in writing. Make sure you send both copies by recorded delivery and ensure you keep a copy of the delivery signature (you can produce these in court if they deny that you tried to contact them).

 

If they don't respond, or they respond negatively, you will have to wait for the NoE and make a stay application. I appreciate that is probably quite worrying for you, but as I said earlier, if you can bring the order up to date, then the court is likely to suspend the warrant.

 

I can't answer your question - that is a matter for them. If you do everything that has been suggested and you still receive an NoE, then you take the next step at that point. No point in worrying about that until you receive an NoE - at the moment, focus on giving them the information regarding when you can bring the order up to date and getting them to agree to cancel their warrant.

[BornThisWay]

jiloyd I have every sympathy for the position you are in with the lender and their solicitors. It has been an issue for me ever since my lender pushed through a possession order ahead of the protocols introduced in 2009. If there are problems the lenders refer me to the solicitors and the solicitors refer me to the lender. I copy everything to both, but it makes getting an answer all but impossible.

[BornThisWay]

jiloyd I have every sympathy for the position you are in with the lender and their solicitors. It has been an issue for me ever since my lender pushed through a possession order ahead of the protocols introduced in 2009. If there are problems the lenders refer me to the solicitors and the solicitors refer me to the lender. I copy everything to both, but it makes getting an answer all but impossible.

[jlloyd]

Isnt that the truth BornThisWay??? It just seems all we are is £££ not an actual family in a home and willing to work something out! keep fingers crossed for us!!!!

[jlloyd]

Isnt that the truth BornThisWay??? It just seems all we are is £££ not an actual family in a home and willing to work something out! keep fingers crossed for us!!!!

[BornThisWay]

jiloyd I am sure you will be fine. You are right, we are just ££££ - when Cobbetts write to me threatening to take my home they don't actually even seem to know if I am a tenant or the owner (I am the latter) and write general letters covering every possibility. You would think that they could at least take a little more interest when they are taking someone's home away from them. I appreciate they are busy but surely they could have individuals in the 'eviction' department who just take a moment to read letters and send specific replies? It is a sad world where human beings are treated with such utter indifference. I know the employees are just making a living, but I honestly do not think I could casually throw a family out of its home via a standard letter sent out without reading! I presume you become immune to suffering if you work in the house repossession business!

[BornThisWay]

jiloyd I am sure you will be fine. You are right, we are just ££££ - when Cobbetts write to me threatening to take my home they don't actually even seem to know if I am a tenant or the owner (I am the latter) and write general letters covering every possibility. You would think that they could at least take a little more interest when they are taking someone's home away from them. I appreciate they are busy but surely they could have individuals in the 'eviction' department who just take a moment to read letters and send specific replies? It is a sad world where human beings are treated with such utter indifference. I know the employees are just making a living, but I honestly do not think I could casually throw a family out of its home via a standard letter sent out without reading! I presume you become immune to suffering if you work in the house repossession business!

[jlloyd]

OK!!!! We now have a date of eviction.... is there anyone that can help me plead my case???? I am just unsure of the forms and how to go about it all.... thanks!

[jlloyd]

OK!!!! We now have a date of eviction.... is there anyone that can help me plead my case???? I am just unsure of the forms and how to go about it all.... thanks!

[jlloyd]

Is there anyone around that can help????????