Eviction ** Suspended **

[J402]

Hi can anyone help me. I been given an eviction date and have 2 previous suspended repossessions.I've been made unemployed is it possible to get more time to find employment.

[maroondevo52]

Hello and Welcome,

 

You may have to wait a bit for advice, as some of our users have day jobs and don't get online until later.

 

Regards,

 

Scott.

Edited May 1, 2013 by maroondevo52

[Ell-enn]

Hi there, have you been in touch with the lender to let them know your circumstances?

[J402]

Hi Ell-enn yes I've told them that I was made unemployed and told them as I was on JSA I couldn't afford to pay anything towards my mortgage.

[BornThisWay]

J402 you may be entitled to help with paying your mortgage after, I believe, about 60 days. The Benefits Agency will pay the interest only on your loan, up to a mortgage rate of about 4%.

 

Obviously you need to liaise with your lender on this, but if they have gone for eviction already then you will need to present your case to a judge to try and get the eviction stopped.

 

Ell-en or Lea-TH will be able to help you fill in the N244 form which you will need to apply to the Court to have the eviction stopped.

 

Do you have family, or are you on your own?

[Ell-enn]

What date is on the eviction notice?

 

Who is the mortgage company?

 

How much are the arrears?

 

How long does the mortgage have left to run (years)

 

Do you have any children living at home?

[J402]

What date is on the eviction notice?

 

Who is the mortgage company?

 

How much are the arrears?

 

How long does the mortgage have left to run (years)

 

Do you have any children living at home?

 

 

The eviction date is next Wed 8th, the mortgage company is C&G, arrears are just under £5000, the mortgage has 16 years to run and I live on my own.

[J402]

I have been offered a job is it too late to stop the eviction.

[maroondevo52]

I have been offered a job is it too late to stop the eviction.

 

That's good news, hopefully Ell-enn will be on-line later.

[northernbloke]

Have you filed the N244 at court? If you haven't then that should be your first job on Tuesday. It costs £40 to do this. I've been in a similar position and done a lot of reading and on the face of it I'd say you have a chance of getting this stopped. You can pay off the arrears by paying £26 extra per month over the term of the mortgage, which is acceptable in law. You can say why you stopped paying and can now show that you can start paying again due to getting a job. What were the circumstances of the previous suspensions? Was there a good reason for you getting behind then?

[J402]

I have filed the N244 the hearing is 9.55am on Wed and the eviction is 11am on Wed.

I was self employed in 2007 and because of the downturn in the economy I struggled to keep up with the payments payed a lump sum off the arrears and arranged to pay extra with the mortgage and got the eviction suspended. In 2009 I was off work through ill health went to court again managed to pay some off the arrears with a lump sum and continued to pay the mortgage and extra off the arrears. By June 2011 I had cleared the arrears but wasn't aware that I needed to go back to court to have the repossession order removed. In early Dec 2011 my elderly mother was taken ill and was in hospital until she sadly passed away at the end of January 2012. As I have no brothers or sisters there was only myself and my daughter who is a single mum with a 2 year old to visit. During this time I was called down to the hospital either in the middle of the night or early in the morning on 4 occasions. I was unable to go to work as I was down the hospital twice a day. I notified the building society and told them I couldn't afford the mortgage because of the situation and agreed to pay £45/month as a token payment. The funeral was in the beginning of February. I needed some time to manage her affairs after the funeral. In April disillusioned with being self employed I took a job courier driving being promised 5days work a week but ended up only working 2 or 3 days a week as they needed me, and found it a struggle to make ends meet. I paid £200 mortgage at the end of April (by now I was 4 months in arrears) and paid £600/month until Dec 2012. I left and in Nov took a job working in a factory but was layed off in early Jan this year.

Edited May 5, 2013 by J402

[northernbloke]

On the other two suspensions you have shown that you are committed to clearing the arrears and this should hopefully go in your favour this time. Do you have a letter from your new employed to prove the job offer?

[J402]

Yes I have an offer of employment letter.

[J402]

If God forbid and the judge doesn't find in my favour the eviction is scheduled for 65mins after the hearing start. Can I ask the judge time to move my belongings.

[Ell-enn]

Hi there, take a photocopy of your job offer letter and take it (along with the original) to the hearing. You can then show the judge that you have new employment and will be able to make payments.

 

When you get to the court ask if there are any duty legal advisors you can speak to - if there are ask them to support you in the hearing. If there are no advisors - when you get into the hearing, the judge will address you first as it's your application - when he/she has finished speaking say to him/her "Sir/Madam, may I show you a letter offering me employment - I will be able to make payments to the arrears going forward" and then hand it over.

[J402]

Hi Ell-enn I will do that. I have previously cleared arrears of a similar amount within 2 yrs but was unaware that I needed to go back to court to have the order removed, is it worth me mentioning that to the judge to show that I am committed to clearing this debt or will he/she be aware of it. Will the Building Society be represented at the court.

Edited May 6, 2013 by J402

[Ell-enn]

The building society will probably send representative from a local solicitors firm - they are usually instructed at the last minute and don't have much information other than what the arrears are etc.

 

I think if you can show the judge that you have a new job offer you should be OK.

 

Did you put all the info you described in your earlier post (11) in your witness statement?

[J402]

Hi Ell-enn I put that my elderly mother was in hospital and as I was visiting my mother in hospital everyday I was self employed and unable to go to work. My mother passed away in late January and after the funeral in early Feb I needed a few weeks to manage her affairs. I said that because there was no work in my usual self employed work I took up a driving job and another in a factory before I was laid off in January. Not as much detail as in post 11. Do you think I need to print that out and read it out in court.

[Ell-enn]

I think you have covered the reason for the arrears and now you have a new job offer I'm sure it will be OK .

 

Stay positive

[J402]

Thank you Ell-enn and everyone else on this forum for your support and invaluable advice.

[maroondevo52]

Thank you Ell-enn and everyone else on this forum for your support and invaluable advice.

 

Good luck on Wednesday, hope all goes well.

[J402]

Thank you maroondevo52. I will keep you all informed.

 

Could someone tell me why are the bank still ringing me asking whats happening tomorrow. Surely the court would have informed them.

[Ell-enn]

Hi, did you tell them that you had a hearing tomorrow ?

[J402]

I told them I was seeking independent legal advice. I would have thought the court would have informed them about the hearing tomorrow. It was as if I was I was building a case against myself for them.

[Ell-enn]

They probably haven't seen the copy of your application that the court sent them - the legal departments of most lenders are very slow at opening mail/receiving faxes etc.

 

 

When you ger to the court don't forget to ask if there are any duty advisors present that could support you in the hearing.