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I went to court on Tuesday.

 

My Mortgage lender was granted the possession order on 1 st charge of property

but they have me back in court 7 days after the 28 days of the 1st Possession order granted on the 2nd charge on the property

The mortgage is part of the same lending company as the secured loans.

 

I wondered if anyone has come up against this.

 

I did ask the mortgage advisor of the court to request for 56 days in court but the judge just granted 28 days.

 

I don't know where this sits if I'm still in the property after the 28 days and they go for an eviction date 7 days after the 28 as I'll be at court on that date.

 

I've sent my defence for the 2nd charges requesting 56 days for possession as I'm now finding somewhere else to live with 4 children in the property

 

.I'm on low income so it would give me more time for a deposit if I rent privately.

 

I've been in touch with My Local Council but it doesn't sound very good to be rehoused.

 

Any advice most welcome.

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Hi,

if you haven't left the property at the 28 days the lender will have to apply for an eviction order which will take another 7 - 14 days,

 

when you receive the eviction order you can apply to the court for a hearing and ask the judge for more time if you haven't found anywhere else to live.


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Thanks for the reply

 

I've got until the 1st oct

the 28 days are up on the 1st charge

but I'm in court for the 2nd charge 8th oct...

 

do I go to the court for stopping the eviction on the 1 st charge because of the 2nd one being heard by the same lending company.

 

Can a company request the eviction after the 2nd charge hearing meaning that they only go to court for one eviction order?

 

I'm concerned that they'll get one and I'll receive in the post the day I go to court for the 2nd.

 

Also I've received nothing from the court yet or my mortgage lender.

 

The court has written the letter to me but it goes in a posting pool

 

I rang them earlier.

They said it could take up to 4 days or more to receive it.

 

How does My Mortgage lender get back the keys?

 

Do they wait and see if the keys are returned for the 28th day?

before they apply for an eviction order.

 

I mentioned the 2nd charge hearing of possession to the mortgage advisor at the court but it didn't seem to register with him.

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Has anyone suggested the Mortgage Rescue Scheme to you?

 

Your mortgagee doesn't actually need another possession order for the second loan,

they can execute the first one after 1st October

- they probably started both cases at the same time

and instead of joining the claim,

they proceeded separately,

probably in the hopes that if the first one was suspended

they could get outright on the second.

 

They can execute the warrant on the first order after 1st October, they don't have to wait for the second hearing.

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I've been there with the GMRS and it was not nice and a complete fruitless exercise

I ended knowing more about it and finding just who they'd help and believe me it doesn't matter about My Children etc

from what various Agencies have told me you'd have to dying etc to be considered

if your house is over the capped amount they'll not consider it all.

 

I thought it was that, that they'd do that as they are not represented at the Court.

 

I told My Husband we'd have to get an emergency hearing at the court if we receive the eviction order

to give us more time in our defence

 

I've requested longer 56 days no harm in asking on the form

 

.I don't know if it would.

 

As my husband suffers with acute mental anxiety I've dealt with most of it,

 

he is at times is ready to lose the plot and is so mad with the mortgage lenders action from the beginning.

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I've been there with the GMRS and it was not nice and a complete fruitless exercise I ended knowing more about it and finding just who they'd help and believe me it doesn't matter about My Children etc from what various Agencies have told me you'd have to dying etc to be considered if your house is over the capped amount they'll not consider it all.I thought it was that, that they'd do that as they are not represented at the Court.I told My Husband we'd have to get an emergency hearing at the court if we receive the eviction order to give us more time in our defence I've requested longer 56 days no harm in asking on the form.I don't know if it would.As my husband suffers with acute mental anxiety I've dealt with most of it,he is at times is ready to lose the plot and is so mad with the mortgage lenders action from the beginning.

 

Did you actually submit an application and it was rejected?

 

Though of course, you are right that if your house is worth more than your area allows, then they can't help.

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Twice the property was put through the Mortgage Rescue.

 

I still haven't got my letter yet from the court.

 

I've a close relative who works in social housing so he's given me some advice when I see the local council next week

one of which I can't repeat on here but it does help certain members of Society to be rehoused with no problem .

 

My Mortgage lender just used the Mortgage Rescue as they didn't want to do anything else before I fell into arrears.

 

I've been to the highest level regarding a rescue and what I was told well it's not what it's made out to be whatever your circumstances.

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Received the date to leave My Property 1st Oct or before

but noticed that they have a Money Judgement to be restored at Liberty.

 

I presume that this is in case the house sells for less than what is outstanding on the mortgage and secured loans.

 

I know they can seek any outstanding monies up to 12 years.

 

So if they have me back in court for a money judgement and I get a CCJ I can't see the point.

 

I suppose they cover all angles...I doubt if I'll ever be able to pay back any as I have unsecured debt too.

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If I have a hearing for the 2nd possession order on 8th oct

 

what can the judge say or do?

 

if there is a possession order for the hearing which took place 35 days earlier.

 

Can I stop the 1st if they sent an eviction notice before the 2nd hearing

 

I've put in a defence for the 2nd one and had their response back for the 2nd one.

 

Does this mean that I won't get a fair hearing?

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The possession order is up today on my property

but I'm back in court next week with the same lender for a possession order on the secured loans.

 

I have very large arrears on the mortgage and secured loans.

 

At the last hearing I had a court mortgage advisor who asked me if I could afford to pay the mortgage and arrears.

 

I could of offered a small amount but not enough to pay what the mortgage lender was looking for.

 

The order was granted.

 

What do people normally put on the N244 form to stop eviction.

 

I'm looking for rental property and have been in touch with my local housing office and had an interview etc with them.

 

I've 6 people in my property

4 of my children

2 have only just secured part time work

1 is at college

and I have a 14year old in full time school.

 

Can an eviction order be granted even though I'm going back to court for the secured loans

and this is a possession order because I've put in a defence as I've a complaint in with the Fsa.

 

I asked for 56 day possession order on the secured loans on hardship grounds as well.

 

I'm looking for property to rent but it's got to be a 4 bedroom which isn't easy and can be very expensive

which even after applying LHA can still be £700.00 upwards a month and my local council don't have many if any come up they are soon gone.

 

My Mortgage was £1.105.00 per month.

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Have a look at my guide here

http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession

 

you can see exampled of how to set out a statement for court and complete the N244 form.

 

You can also download the budget sheet we use from the second post in that thread.


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Eviction order handed to my 14 year old Daughter.

 

The Guy asked were her parents in.

 

I went to the door and the guy just said it relates to the house and left.

 

Eviction date is 8th nov.

 

I can't offer any money.

 

I had one possesion order granted for the 1st oct.

 

Then I went back to court for the secured loans and the date on this one was 4th nov.

 

I'm wondering if it's worth going to court to see if it can be postponed or suspended.

 

I'm working with my Council with regards homelessness.

 

I can't afford anything in the private sector and my local council offer a bond scheme but no one will deal with it.

 

I'm going back to the courts on monday to speak to their free advisors on repossession

and see if it's worth asking for an emergency hearing to see if it can be stopped.

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Fuming my mortgage lender called today to the property

I have an eviction date set for next week.

 

I have the court letters etc.

 

They wanted to know what my plans were for next week.

 

I didn't tell them anything.

 

Is it right.

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Can you give us some more information please? are you defending the eviction i.e. applied to the court for a hearing to stop it


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No I'm not defending it.

 

I have been back to the court on monday but they are only doing them a week before now.

 

Also the Court where the hearings were give free advice etc to residents of that City and as I live in another Council next door.

 

I had to ring 4 different places to get an answer and the final one was that the arrears were too large to stop it.

 

I have complained to my mortgage lender today by email as the representative wanted to know what my plans were would I still be here on the day etc.

 

I told her I wasn't best pleased with my mortgage lender from the beginning so if I was planning on going before then I'll email them.I

 

have been phoning my local council homeless unit and I know they'll find temp accommodation but it'll cost £250.00 a week

or I'm asking my father if I can stay with him.

 

My Homeless Housing Officer has said in temp would probably only be for a few weeks not months I just rang her.

 

I think I'm ready to go now I've had enough this week,

 

Family disputes have risen as well amongst my older married children,

 

An Uncle has died as well and I feel unwell with a bad chest,

I'm not sleeping and eating and my husband has Mental Health Issues.

 

I've just hired a big skip to empty the house.

 

I've done all I can so I'll close the door and walk away and pickup again somewhere else.

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I have an eviction notice for 8th nov.

 

Today I had a knock on my door and a woman

said she's come about the house and mentioned my mortgage lender.

 

I thought it was field agent but now I'm wondering if it was from the Bailiffs Office.

 

Also I'm thinking will they charge me for it or my mortgage lender.

 

I'm so stressed by it all.

 

Is this right that they do this?

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Could you provide some further info.

 

Was a card left by the caller?

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urm sounds like an advisor...

bet you get a £100 fee on your mortgage account for an advisor visit.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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It won't be an advisor, there's nothing to negotiate - an eviction notice has been issued.


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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nine threads merged on the same 2 repo issues

 

please keep to ONE THREAD..this one!!

 

so people advising can see and read the advise that you have previously been given.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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No card no id presented she took me by surprise I'm going to ring the Bailiffs Office shortly.I did think that they'd charge me it came to me last night and if it does then I'll be sending another letter to My Mortgage Lender.That is dreadful of them.

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They are still charging me £60.00 charge for the accounts being in arrears even though they have the eviction date set.

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Yes, and they will keep charging you until the house is sold :(


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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It wasn't the bailiffs I checked so it must of been the Mortgage People they've not responded to my fax yesterday.

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bet you got £100 charge for it.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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