Eviction for second mortgage, can somebody please help. 10/05

[Lea_HTH]

You need to make an application for a Time Order - any loan covered by the CCA 1974 can be redefined by the judge. Applying for a time order allows the judge to alter the payment amount, stop the interest, extend the length of time you can pay, or allow you not to pay for a period of time (most usual is to lower your payments for a period of time until you financially recover from whatever has caused the issues to arise).

 

You could just put in a stay application (N244), same as you did previously and explain the situation if, as you say, you are now in a position to pay what was offered previously - but if you are likely to have further problems a time order may be the best way forward.

 

I would strongly suggest that you go to your local CAB office and ask for their help (failing that a law centre).

[Lea_HTH]

The difficulty with asking for advice at the last minute is that often there is no time to respond to queries. I have a full time job, so there was no way I was going to see any of your day time messages.

 

After court proceedings have already started a time order is applied for on an N244, so you can use the same form to apply for the stay and the time order (this is because there is already a possession order on the property).

 

Court staff don't know about the legal procedures, so there is no point in asking them anything - they're not allowed to give any kind of advice that could be construed as legal advice. You must include full details of your income and expenditure with a TO application, you need to tell the judge what you want him to do (e.g. lower the payments, how long for, reschedule payments, lower interest rate etc). You really ought to get some help with this - I don't have time as this is the first opportunity since yesterday to get online and I have other things, so this reply is as good as it gets.

 

Hopefully you've been able to put your application in - if not, then I would suggest you see a local solicitor, even if only for a few minutes brief advice (though it is your home you are fighting for so you may be entitled to legal aid - you need to ask).

[Lea_HTH]

Try not to worry too much. My only concern about people asking for help late is that they won't get as much help as they need because those who can help aren't always around at short notice.

 

At least you've been able to gather your information together. I think that a judge will definitely consider the time order if that will help you in the interim. Obviously you also need to look at what you are going to do in the long term and when you'll be able to afford the CMI in full. You also need to look at reclaiming any charges they may have put onto your account. There are lots of threads on the forum relating to that.

[Lea_HTH]

Not convinced there is any argument about enforceability - you'd need to see a consumer lawyer to have them look through all the paperwork, not just make a wild claim.

 

I think the charges issue are the way you should go. Get all the charges refunded and you're probably in a much better position. Since this is before the court, they will be obliged to either refund the charges or explain them to the court and have them deemed unfair (they won't risk the latter due to the far-reaching implications for their other customers, and will almost certainly refund).

 

You must pay the CMI plus £25 that the judge ordered you to pay...so however you find that money, it MUST be paid or you will lose out on the opportunity to have your debt reduced (by the removal of the charges).

 

The rest of the stuff you have to do is relatively straightforward - gather the information, put it together in a nicely organised file, with page numbers, and tabs, and provide a copy to the judge (keep one for yourself), and provide a copy to the lender.

[Lea_HTH]

Hi

 

Maybe I can help to take-over your arrears with an lease option; where is the property located?

 

thanks

Walid

 

Totally unnecessary - OP doesn't need this kind of 'help'.