3rd Eviction - Please Help

[Shaina]

I've been given an eviction date of 18th August 2012 and this is my 3rd

 

THe second was suspended after I secured a new job but a couple of months in, I fell ill with an ear infection that affected my balance.

 

Because of this I had to bee off work for a month and had to take unpaid leave due to being on probation. I've been advised my HBOS that a minimum of £1829.91 should be paid in order to cancel the eviction and that this isn't negotiable as it's the 3rd.

 

I've made 2 of my contractual payments since the eviction was ordered and although I've explained the situation - it seems I'll need to go to court. Could you please help me with this as I need to file an N244

 

Also - my partner recently qualified as a physio and will now be able to help with the household bills where I've been paying them myself. Will this be taken into account?

[havinastella]

I have moved this to the correct forum.

 

Welcome to CAG, we have a superb Site Team member who should be able to help.

 

I will flag this thread for attn.

 

Jogs

[Ell-enn]

I've been given an eviction date of 18th August 2012 and this is my 3rd

 

THe second was suspended after I secured a new job but a couple of months in, I fell ill with an ear infection that affected my balance.

 

Because of this I had to bee off work for a month and had to take unpaid leave due to being on probation. I've been advised my HBOS that a minimum of £1829.91 should be paid in order to cancel the eviction and that this isn't negotiable as it's the 3rd.

 

I've made 2 of my contractual payments since the eviction was ordered and although I've explained the situation - it seems I'll need to go to court. Could you please help me with this as I need to file an N244

 

Also - my partner recently qualified as a physio and will now be able to help with the household bills where I've been paying them myself. Will this be taken into account?

 

Do you have proof of your being off work ill (copy of medical certificates and payslip showing loss of earnings?) - also can you print off proof of the two payments you have made since the eviction warrant was issued?

[Shaina]

I can ask my doctor for a certificate but haven't because of the £15 that I'd need to pay for it

 

Also - I just called my local county court and was told that there is a £80 fee to file the claim

 

I have £84 left in my account and that's for food shopping so I don't know what to do.....the wording from the HBOS solicitors stated that a minimum of £1829.91 had to be paid prior to the eviction date...I didn't realise they meant in addition to the normal payments. Surely if I had such a lump sum, I wouldn't have got behind in the first place.

 

I informed them about being off sick but they say it's neither here nor there. Would it help to provide them with a medical certificate.....and hold off on the hearing for a few days - I just can't afford to do both unless the doctors surgery agrees to let me pay them at a later date. Even then, I'm penniless until my next pay date which is after the eviction

 

Nisha

[Ell-enn]

If you have an eviction notice then the fee for an N244 is £40 not £80

[Shaina]

That's something - but it's still more than I can reasonably afford but I may try and apply for a fee remission or deferral. I've been told that the £1829.91 can consist of my mortgage payments and I thought I had a leg to stand on since I've made £1300 in payments since the eviction was ordered but I had the following response from Walker Morris

 

"On the 24 July we told you that you needed to pay £1829.91, £650 was paid on 25 July therefore you still need to pay £1179.91. If you are unable to pay this amount in cleared funds before the date of the eviction then we must suggest that you seek independent legal advice."

 

They are discounting the payment I made on the 25th June even though the eviction had been ordered at that point...can they do that? What I've tried to explain is that I plan to make a further payment on the 25th August which would mean I'd paid £1950 since the eviction was ordered. But with the eviction dated the 21st I don't know that that will be accepted. I am just getting all my information together to request a court hearing but I'd just like to know where I stand with respect to the payment they are asking for before the 21st

[Ell-enn]

Unfortunately they can ask for any outstanding payments to be made before they will cancel eviction. The only way to get a payment arrangement acepted is to apply for a hearing in front of a judge and given that your arrears are low and you are able to show you can make monthly payments going forward plus something towards the arrears you should be OK. I can help you with the N244 application - particularly the statement to go with it, but obviously you will have to pay a fee to the court to do this.

 

As you still have a bit of time before the eviction date, you could always write to the lender explaining the circumstances that caused the arrears plus the payments you have already made and ask them to cancel the eviction. If you have to go to a court hearing we can use a copy of the letter with your statement to show the judge you tried to negotiate with them.

[Shaina]

Hi Ell-len

 

Apologies for the delay - I've had a few issues in negotiating with HBOS as their responses have been delayed. I need to get to the court to apply for the hearing this afternoon but I also need to apply for a fee remission or deferral based on my pay date.

 

Could you help with the N244 Q10 statement as I'm unsure how to word it

 

Currently I pay £650 which is £609 towards the repayment mortgage + £41 towars arrears...I've asked if they would accept an increase to £700 per month but they still won't budge without a lump sum before the 21st - even thought my pay date is the 25th.

 

I can pay £900 of this lump sum on the 25th but - still not acceptable to them. I am going to ask about an advance from work for this amount but I haven't heard if that will be sufficiient to cancel the eviction. Either way - I need to get a hearing scheduled today somehow. I understand that emergency fee remissions can sometimes be requested in the case of evictions.

 

I'm a total mess and I'm trying to get organised but it's a struggle and with only a week to go until the eviction - I'm panicking

[Ell-enn]

What date is the eviction? in your first post you said it was the 18th August, but that is a Saturday?

 

I'm at work today so have very little time to spare. Have a look at this guide - it will show you how to fill in an N244 and also how to set out a statement for Q.10 - if you draft it out I can try and have a look at it before you take it to court. http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession

[Shaina]

I had a solicitors letter quoting the 18th and a court document citing the 21st which is the actual eviction date.

 

I'll send over my draft for the n244 - if you do get time it would be great if you could look it over.

[Shaina]

Hi - ok I called the HRAC in a brief fit of panic and have been advised to pay the outstanding balance....I offered HBOS £1000 of the £1179 but they have rejected the offer. I'm concerned about going to court with this being the 3rd time that eviction has been ordered on my property so would like to avoid it - is there anything I can say that might convince them to accept my offer

[Ell-enn]

Are you saying that the arrears total is £1179 and they have refused payment of £1,000 ???? that only leaves a balance of £179 - if that's the case the judge is not going to be happy with them!

 

Have you done the statemetn for the N244 yet?

[BornThisWay]

Shaina it is very difficult to get through to lenders and their solicitors. They are like machines, just grinding on saying 'full arrears or eviction'. I know you hate the thought of going to court but you will find a judge much more helpful than the brain dead individuals that seem to inhabit the legal teams of mortgage companies and their 'gun for hire' solicitors.

 

Once you get into the eviction cycle it seems to me to be easier to go to court where you get a sensible hearing rather than selling your soul to pay arrears that you simply can't afford because some clerk at a lender doesn't have the brains or authority to accept a reasonable offer.

[Shaina]

Hi Ell-en

 

I actually took the paperwork to the court yesterday and requested emergency fee remission until Friday based on the upcoming eviction - which was rejected and so I wasn't able to file the N244. The total arrears are just over £11000 (charges + arrears) and the minimum payment they will accept is £1179. I understand what everyone is saying about it being easier to deal with lenders via the court but I don't want to burn bridges in case this comes up again (which it shouldn't). Also, HBOS aren't being completely unreasonable and they have agreed to discuss a temporary move to interest only for a few months once the eviction has been cancelled. I'm inclined to pay it at the moment - I can't afford to take any more time off work to try and handle this.....what's your opinion ?

[Ell-enn]

If you are able to make the payment they want to stop the eviction then you need to do it and quicky! otherwise you will find bailiffs turn up on Tuesday to evict you.

 

The only other alternative is to pay the £40 fee to lodge the N244 and get an emergency hearing to stop the eviction based on your offer of monthly payment towards the arrears - but you would most definately need to attend the hearing which would require taking time off work.

[Shaina]

Ok update.....now I'm feeling stupid

 

I made the payment today and Walker Morris confirmed that Halifax have requested that the eviction be cancelled

.....but they are still demanding a mortgage payment on/before 28th August or legal action will begin again. I don't have the money for that......I'll have to try and discuss this with Halifax but I thought that the payment I made today would be considered a payment for August

 

I need to go and cry

[Ell-enn]

You need to ring the court first thing on Monday and check that the eviction has really been cancelled. Then you need to try to come to some arrangement regarding paying the August installment.