Third eviction help please

[kgr400]

hi all, i had an

[kgr400]

hi all my situation was i had a third eviction to fight today, which thankfully was suspended again, i had missed two payments since the last eviction date, but managed to make the payments last week, the judge was brilliant, and even reduced the amount of arrears i have to pay per month, i didnt ask her to do this, she just said it might help me out, which i thought was very kind of her, just to give you a background to my problem, for my first eviction my arrears where £5500, second eviction they where £4700, and today they stood at £3160, that was in a space of twelve months, so ive managed to reduce the arrears a bit, not sure if the judge will be so leniant if there was a forth eviction date in the future though,

[Ell-enn]

Well done hope you don't have to go through it all again. The fact that you have reduced the arrears over the last 12 months will have gone in your favour.

[kgr400]

just to point out, my mortgage lender told me on the phone a couple of weeks ago that "the eviction will not be stopped" how many people throw in the towell, and give up hope when someone says that to you, i needed some help and this guy said to me in a arnold schwazenegger voice " the eviction will not be stopped", what arnie didnt realise was, that by taking that attidude with me it made me even more determined to roll my sleeves up and fight for my house. and in my experience with evictions i think that the judge can see the difference between a RAT in a suit in court, trying to make someone homeless, and your average man/woman or couple trying to secure a roof over there head, and protect an asset youll probably never have again if the eviction was granted

[Ell-enn]

Yes, they never seem to realise that it's the judge's decision as to whether the eviction is stopped - not theirs!

[kgr400]

thanks ell-enn, you wont remember me but it was you who helped me with my first eviction this time last year, so thank you very much for your help

[Ell-enn]

I do remember you

[kgr400]

i must say that the help and advice you give is PRICELESS, when you get an eviction notice its one of the most stressfull things you can go through, you live and breath the word eviction, the first thing i thought about in the morning was eviction, so once again thanks for your help, as for me the boxing gloves are off for now, hope i dont have to go through it again x

[gemspan]

So pleased this went well for you. Hopefully with the reduction in payments you will not get in the same position again. Well done for facing up to the bullies.

[kgr400]

thankyou gemspan

[gemspan]

You're very welcome. xxx

[davhems]

im in a similar situation to you got a warrent suspended last year and agreed to pay £150 a month on top of my £500 a month payment.the arrears at that time were about £5000 with all the stuff they added on.had trouble in april when we missed some payments and they insisted the full arrears had to be paid about £4000 at the time. couldnt do it so went to court only for there solicitor to meat me outside the courtroom and say they would accept my offer of continueing the current payment i was so angry that they made me go to court but i think they do it to scare you.anyway paid on time every month til last month when my payment was about 2 weeks late. the day i paid the payment i was sent a letter saying they were going for eviction and recieved the letter last week saying we need to be out next wednesday at 1 30pm. i phoned this evening to make this months payment which would mean my payments are on course but they still want to go to court. there legal team are telephoning me tommorow morning and i hopefully can get them to stop this by accepting my payment.the reason i was late was the combi boiler and the car had massive breakdowns last month and we cant get credit to get loans to fix them im just hopeing if were up to date when we go to court the judge will be on our side. or if not they will allow us to stay about 6 months so we can sell it and clear the mortgage and walk away with a bit of pride. sorry for the long ramble but it really does help.

[Ell-enn]

Hi, do you have receipts for the repairs to the boiler and car?

[davhems]

hi ellen sadly i dont they were repaired by friends who are tradesmen im chelsea legal team are phoning me tomorrow morning and i can pay this months payment with a debit card tomorrow which would mean im up to date but they seem set on getting the full arears if this doesnt go my way i have everything ready to take to court and will ahve to face the judge again.as they wont accept my payment it just seems to me they want to reposses i have paid almost £1000 of my arrears since last year .

[Ell-enn]

Are you able to record telephone calls ? If they refuse to take your payment over the phone - you would have proof. If not ask for the name of the person who refuses to take it and note the time of the call

[davhems]

they didnt refuse as i said but basicly said even if i paid it they would not stop the repossesion it was just a normal call centre operitve so i will find out more in the morning when i speak to a member of the legal team and if they still wont play ball i will get some names and times and the reasons why they fell repossesion is a bette.r option than taking my offer of the payment

[davhems]

hello a quick update i rang chelsea legal dept on tuesday and basically they said only full payment of the arrears would stop the eviction. so wife went to court today to file the paperwork got hearing on friday morning.but just noticed its in a court 15 miles away but nothing was said to wife so i need to ring and check as i dont want to turn up at the wrong court.as this is my second time this year suspending an eviction im not very confident but have to give it a go. one thing i would like to know is the eviction date is wed if i loose can i try and get a later date to allow us to find somewere near kids schools or even ask for say 6 months and try and sell it ourselfs as there is a bit equity in it.

[Ell-enn]

Hi there, did you attach a statement and budget sheet to the N244 application? what did you write in the statement (or put in Q.10 of the form)