Eviction notice recieved from lenders solicitors today

[stressedout1967]

Please advice needed, once again i am back on this forum and now find myself with an eviction notice, we had a suspension of possession order granted at end of feb, however have only made 2 mortgage payments and two order payments to date...i know this is very bad and am now at my wits end with worry are as i think we going to lose our home for sure this time.

reason for missed payments is due me haveing time off work at beginning of year with broken foot, although only part time the loss was felt. also we have also fell into the trap of payday loans 4 in total..i have now cancelled my cards after reading about them in other treads, and will sort them out later, hopefully with a payment arrangement something they dont want to agree to while they have access to my money.

 

so with these unable to keep taking funds each month and my income coming in we will be able to maintain the mortgage and payment set by judge of 150.00

 

I have put proposal to Kensington sent wage slips and budget sheet, and also my stepfather offered to pay 2000 off as a gift but they wanted to see his bank statemnts he sent letter saying it was a gift but this was not enough and he will not let them see his bank statments..this was 3 weeks they refused his payment without this so he gone on holiday with the money. Icant blame him really as they wont accept it and there is no one else to ask.

the arrears are just over 7000 now actually more than in february when we last went to court.

 

i have letter saying i have 14 days to vacate, i just dont know what to do i feel sick and have my two grown up children i have to put brave face on who have no idea, one just gone to uni, and other ears 80 week so has nothing to help with eitherway..oh god am i going to make them homeless..

 

Please any advice will be appreceated..wont be on here till tomorrow have work later.

i have attached a budget sheet also.

[yellowsleeves]

I'm no expert, but have been through a similar situation recently.

 

Firstly address the payday loans. Cancel the continuous payment authority as well if the bank will allow.

 

I'd suggest a new bank account, the Co-Op seem to be highly recommended on here for wages and mortgage/council tax direct debits. That way they will have no chance of getting any money.

 

It won't look good, 2 payments in 8 months. Do you have any proof you were off ill? That will help. Also proof of the offer from your stepfather that was rejected?

 

Do you have any money to pay now? Your council tax arrears are wrong on the budget, what exactly are they? As £600 or even £200 a month is too much.

[stressedout1967]

Hi, no we dont have any money to pay now, i cancelled the debit cards so they have now been blocked and there is no direct debit set up on the account by the payday companys...the councull tax is in arrears so is being collected via wages at presant. i dont have proof of the offer that was made by my stepfather only letter back from lenders saying they needed more from him. i do have a hospital letter with Appointments when i broke my foot but thats all.

How long would it be before i get eviction date does anyone have an idea? i have read some previous posts and see that you can get a form to ask judge to let you stay in your home. I cant sleep or eat with worry i just think the judge will think no chance and give Kensington our home.

[Ell-enn]

Hi there, you can apply to the court on a N244 form to get a hearing in front of a judge to stop the eviction - I can help you with that. You should most definitely tell the judge that the lender refused a payment of £2,000 - do you have a copy of the letter he sent to the lender stating it was a gift? would your stepfather go to court with you ?

[stressedout1967]

Thanks, when do i do the form? i have not got a date yet just lenders solicitors letter telling me they have applied, i dont have a copy of the letter i am afraid, and my stepfather would not attend the court, to be honest it has caused a family upset as he withdrew the offer when kensington wanted bank proof. this led to his arguing with my Mother.. they have used the money now on a holiday.

I just dont know where to turn it feels like there is always something waiting to knock me back all the time...

i dont feel at all hopefull

Thanks Ellen for your help again

[Ell-enn]

Do you have proof of your being off work with a broken foot and not being paid ?

[Old Cogger]

Do you have proof of your being off work with a broken foot and not being paid ?

 

Might answer:- will hop around and see what they can find, oopppsss ,excuse the pun, seriously there would be a note at hospital/Doctors for this incident.

[stressedout1967]

Hi Ellen. Not proof i was off work, just hospital card and letter of copy to my doctor, will that be any good. I was off at the beginning of the year, before i went to court last time with my leg in plaster then, the main reason for the non payment has been the payday loans we took out, wont the judge just think we have been stupid having them in the first place and think we deserve to lose our home? How will we convince the judge that we will meet the payments this time, i feel he will laugh us out of court. I have spent hours reading other cases and i am sure none are as bad as mine. I did ask kensington if we could have a standing order so the payment went out the day the wages went it but they said no, that a payment arrangement would have to be in place of which they wont agree, also when i rang to try to come to a new agreement s few months back they wanted a extra 100 a month i cant afford that, they havnt responded to my last proposal. Would a judge let us have standing order so then money goes on payday before we even get to the bank. This would help manage the payments enormously..

[BornThisWay]

It is beyond my comprehension how a lender, chasing mortgage arrears, can refuse a payment!!!

 

What on earth is wrong with these people? What does it matter where it comes from? To expect to nose through the bank statements of the donor surely has to contravene some sort of privacy law? Either the cheque clears or it does not! I can understand them wanting to verify the identity of the donor as this falls in the over-the-top anti money laundering rules, but looking at bank statements - flippen cheek!!

 

Could I ask the original poster if it would not be possible to get a letter from her employer verifying her absence? Did you get any SSP while you were off work?

 

Payday loans are the road to hell! The judge will probably think you are daft, but that does not mean he will necessarily find against you.

 

How much is your normal monthly mortgage payment? How long does the loan have to run?

[stressedout1967]

I didnt qualify for ssp, dont work enough hours, i dont want to ask my employees for a letter, as i dont want them to know its not the place that keeps confidentual matters quietly if you can understand, but think i may have a couple payslips showing some loss of hours.

 

the monthly payment is 300 and we have about 16 years left morgage owing is 37000.00 and property value about 90000,00

 

Spoke to lenders today they are sending a proposal to the senior team which take 5 working days, to see what they say but are still seeking the eviction as it is up to the senior team.

 

looks doubtfull they will agree to a proposal i did tell them about the payday loans and that i had now cancelled cards etc, i actually broke down on the phone and couldnt speak for a few mins, the lady was helpfull but its not her desicion to make she can just put forward the proposal explaing why we had missed payments and why we now could meet the payments. she said she understood why my stepfather had withdrawn his offer of help but they would have needed to see his bank statements.

 

she said that the solicitors had now applied to the court and were also waiting for a date and would know when i would know too but she didnt know how long that would be as courts are different.

 

i am sorry for going on and on it helps to speak to someone.

 

where do i get the n244 form? should i fill it in now or wait for eviction date?

 

thanks

Edited October 8, 2012 by honeybee13
Editing in some spacing for ease of reading.

[Ell-enn]

Hi there, I can let you have a N244 form (will affix to this thread), but you may as well wait for the eviction notice - if you put the form into court before the eviction notice comes you will have to pay £80 fee - if you wait till it comes the fee is only £40. When are you able to next make a payment ?

[stressedout1967]

Ok i will wait and let you know as soon as it comes, i cant make a payment untill thr 26th this month, there isnt anyway i can get funds till then, is that bad? Thanks ellen

[stressedout1967]

Ellen do you think we even have a chance, that the judge will allow us to keep our home? I know lenders will show how bad see have been these last two years and that the judge will see we were only there in february and now back again. What do we do.if the judge gives them possession can we ask for time to find somewhere?

[mx5]

We had 5 eviction dates over 3 years and the Judge did slap us on the wrists each time for being there again but looked at our ability to pay over anything else. Your story sounds just like ours. We gave up in the end as the fight with Acendon was pure hell and we are much happier now. We asked for extra time and was granted 2 days !.

Im sure if you can prove that you can continue with payments going forward that you will be okay. Make sure you gather up as much proof as you can ready for the court date.

[stressedout1967]

Thankyou mx5, i hope your right, i am not sure what proof i need to gather and get together, i can get some recent payslips, and bank account printouts, to show we have the income to meet new payments.

I also forgot to add we have also had an attachment of order on our wages for this years councill tax, however this will still be affordable to us now the payday loands cant take all our funds. We dont want to give our home up as there is a lot of equity in it and it would cost us more to rent somewhere.

I am so down its so hard this past two years have been a nightmare and all because of a lower income. I have been trying to do any overtime i can at work even going in for an extra hour,

i just wish the lender could let us know when you call about an agreement, having to wait a week each time is hard, why we cant talk to the senior team makes no sense, i think the lady did feel bit sorry yesterday when she noted that the last proposal had not even been sent off as they were waiting for stepfathers statements. i was told no action would be taken while a desicion on that proposal was made, but they have took action. she did say she was sending all the information off with an ammendment saying stepfather withdrawing his offer. that is why i am convinced it will be rejected as it was never sent to start with.

anyway enough of my babbleing thanks again for any advice it really does help.

[Ell-enn]

Hi there, try not to worry too much - wait and see if the eviction notice arrives and then we can take the appropriate steps to get a hearing. It may not come for a week or so yet and the eviction date could be after 26th October in which case you will have made a payment. Try to look on the positives.

 

Did you take the payday loans out to pay the mortgage ?

[stressedout1967]

Thanks Ellen i will wait for notice, and the payday loans were taken to meet daily living so to start with the first one was i suppose then we just fell in a trap of borrowing more if that makes any sense.

[stressedout1967]

Hi Ellen got my notice today for 13th november, can you help with what to do now please, the forms i need to apply to court with etc. also it says Mansfield court but i hoped it would be Nottingham am i allowed to go to Nottingham its cheaper and easier for me than the other. i am at work soon till late so will be unable to reply till tomorrow.

Cant wait too get this sorted so i can sleep and eat Thanks Ellen for helping me. also i will be able to make the months mortgage and 150 towards arrears for november payment too.

[stressedout1967]

Hi again just to add had a letter back from lenders today , saying no to last proposal that they are continuing with eviction and if i offer a lump sum with all the relevevant documation bank statements etc they will consider it again. I dont have a lump sum which they know so its off to Court for certain. I know why my stepfather withdrew his offer when they asked to see his bank statements. He did not want my mother knowing his affairs which led to them arguing etc and now they have seperated because she found out things. Things are getting worse i now have stress of making sure my 63 year old mother is ok too.

oops going on abit again.

When you have time can you help me sort out what i need i can get to the court on thursday or friday. to put the claim pack etc you talked about,

thanks again

[Ell-enn]

Hi there, I will try and draft something for you tonight - if not I should have a little spare time in the office tomorrow morning so will get it done then. What time(s) are you able to be online during day/evening?

[stressedout1967]

Hi Ellen thanks for replying and helping me. I can keep popping in later tonight and tomorrow morning, i cant give specific times sorry but i will keep checking and answer anything you need to know. i go to work tomorrow at half 2 so wont be back till late. Will you also post a link to the form i need to download please. Do i need to gather any other documents? i will also take another look at our budget sheet to make sure i have got it right

Thanks so much Ellen i was beginning to panic that with my luck lately you would be on holiday.

your a blessing thanks

[stressedout1967]

Updated budget sheet

[Ell-enn]

Hi there, what are the Entertainment costs £10 and also the Other costs £50 ?

[stressedout1967]

hi there the entertainment costs are for the odd night out work events etc the £50.00 is for food for my daughter while she is at uni..she does not get enough goverment suport because it is based on our income and even with her p/time job she only just covers her accomadaion costs. hope thats ok

[stressedout1967]

Hi Ellen, do you think i should change the budget sheet? I will be leaving for work in an hour, i will be home tomorrow so will be able to answer any questions, print off forms etc that i need to do..when filing the forms for a hearing, how long does it generally take to see a judge. i am sorry to ask so many questions. i am even dreaming about it all now oh dear. i am dreading the judge will laugh us out of the room,

anyway thanks again.

i