Eviction notice now served.

[Capt Slog]

Hello anyone. I have posted on another thread under message header NRAM & Wallers as I hadn't seen this thread. Don't know if it is possible for admin bods to move and merge threads please.

Anyway latest news now is that we have been sent an eviction notice, N54, with date of just under 4 weeks from today. Any ideas of how to overcome this. Having read other threads I have already printed out the N244 and advice sheet. I know we can't do anything courtwise until Monday but at least we will have the weekend to get the rude names for NRAm off our chest. Thanks in advance.

[woodmio]

Hi Capt Slog

Sorry to here this but without further info and searching through threads its hard to give advice,N224 is agood start though.Sure a site member will pick up and respond soon.

[sequenci]

Can you pay the standard mortgage instalment + a little extra?

 

Good info here: http://www.nationaldebtline.co.uk/england_wales/guide.php?page=guide-mortgage-arrears

[Capt Slog]

Thank you for your responses. My initial post is on Mortgages and secured loans forum. When we first had the suspended repossession order we were paying a new sum plus an amount towards the arrears. According to the other half, it is in their name and not a joint mortgage, things were OK until August. Due to a finger fault on their part they underpaid by £50. We did not realise this until we got a letter from Wallers saying that has we had not maintained the court order they were going for repossession. Urgent phone calls to NRAM ended with them saying that we had broken the order but they could see that the history was good and that even the following payment was OK. Acting on their advice we waited to see how this under payment could be made up. It seems this is their response. We are in a financial difficulties and we are following much of the advice given out on this site. i.e. getting CCAs from our creditors, or not, which has enabled us budget in a more controlled manner. Now this has come along. Without talking to NRAM I really do not know where to go but the other half seems reluctant and doesn't seem to want to talk about it even to me. Thanks for advice given.

[sequenci]

You may not need to talk to NRAM. If there's a SPO in place you just need to go ahead and apply on the n244 to seek another suspended order, so long as you can clear the arrears within the rest of the mortgage term you should be good to go (if you're not already aware of it read about Cheltenham & Gloucester v Norgan on that fact sheet I posted up). The court might want to know why the arrangement breached BUT they should be keen to allow you to stay so long as you can meet the arrangements.

 

As far as your 'non-priority' creditors are concerned offer a pound a month to those (if the CCA route hasn't worked for them, of course).

[Capt Slog]

Thanks sequenci. According to the other half the breach occurred because when they entered the amount on the phone keypad they pressed the zero instead of the five. This meant that the payment was £50 pound short that month. Next thing we knew was a letter from Wallers saying NRAM were going for repossession. The usual attempts at phone calls (timed out after how long ringing) and when we did get through the bloke on the other side said even he could see it was a genuine mistake. All payments since the error have been for the full amount, set out by the court when they received the suspended repossession order. We will attempt to fill in N244 this afternoon and take it to the court tomorrow. Thanks again for the help and advice.

[sequenci]

Well if you can show that it's their error then a new SPO should be granted without too much bother.

[Capt Slog]

Decided to contact the people who the link above related to and spoke in detail with them, waited for their info to arrive and read through it first. Form has been filled in and we are taking it tomorrow morning. The bod on the helpline did mention to put in about C&G v Norgan but the OH can't remember if it is a loan or the mortgage that is in arrears that we are paying off. Either way we have nothing to lose by stating it I suppose. Can't believe all this hassle over a £48.27 shortfall caused by a simple finger fault. We round the figure up to the nearest £50 so does that mean that we have broken the court agreement right from the beginning? Thanks again for the advice.

[Capt Slog]

Handed in the N244 and was told that they would try and schedule the hearing for next Friday 8th.

[Capt Slog]

Success!!!!!!!!!!!

First it was the same judge who had given the original suspended possession order so didn't feel too good. The judge then asked why they were seeking the P.O. Their rep went on to say there was a history of 4 missed payments so we were a bad risk. The first time the judge spoke to us he said he wasn't interested in the £50 shortfall in August. He noted that the arrears, which their case was based on, had been greatly reduced to almost half what they had been 3 years ago.The question was asked to their lawyer " Isn't usually when the arrears increase that you seek eviction?"

We then had a chance to show that there had not been any missed payments, but it was down to NRAMs method of taking the money and allocating it, i.e. a two day delay from receiving to allocation. The judge basically said that they were incompetent and he couldn't believe the draconian methods employed by them in pursuit of arrears which had been getting less. He also commented on how their figures didn't match the original PO hearing and for us to check if NRAM have capitalised the arrears, which would make for a new set of figures to be arrived at and possibly the removal of the original P.O.

I ALMOST felt sorry for their rep who didn't have any other notes apart from some docs scanned onto his iPad. Plus he hadn't filled in some paper work before the hearing as he was too busy catching up with another lawyer about life, the universe and everything. Following that I ended up only having to wait a couple of minutes for a bus that runs hourly = Result.

Thanks for all your help, advice and support