Eviction set for 21 November / Eviction Stopped

[Lolly68]

I have been reading through some of the posts and I must say you are all so helpful. I wonder if someone could help me please.

 

I owe £4k to Birmingham Midshires in arrears for my mortgage. A suspended possession order was taken out in January this year. I was working but in April the contract came to an end - my Father also became ill and 10 days later he passed away. I was not in right frame of mind through the summer months to find work etc. I told BM this and kept them involved as to what was happening.

 

I am now back at work - as soon as I told BM this they executed the SPA and evicition is meant to be happening next Wednesday 21st November. I have been dealing with their solicitors Drydens Fairfax. A few weeks ago (before they sent notice) I sent an income and expenditure form offering them the monthly payment plus £200 per month - this was rejected and was served with the eviction notice. Drydens said that they would stop the warrant if I paid £1254 in a lump sum - I just havent got that sort of money until I get paid with my first wages on 25 Nov.

 

I spoke to Bailiff at the court and she was very helpful - said that I should apply for an SPA because the mortgage company should have accepted my new offer and as I am working have a change of circumstances etc.

 

I applied with the N244 notice yesterday and have been giving a hearing date of 20 Nov at 10am - day before the eviction.

 

What are my chances do you think? Do you think the courts will be on my side? I am so scared. I have a 7 year old daughter and just dont know what to do if I lose the flat.

 

If it is denied - will I still be evicted on the 21st?

 

Any help or advice would be much appreciated.

[ukaviator]

Hi Lolly

 

A few questions.

 

How much is the mortgage and how long do you have left on it.

 

Did Birmingham Midshires offer you to pay the interest only to get back on your feet?

 

Also there will be arrears charges added to the account of around £50 per month. You need to ask BM how much that is and ask for it back. If BM won't pay it back mention this to the judge.

 

Have you filled in an income and expenditure form? Here is the link to fill one in, you will need this on the day: http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=31141&d=1320168516

[Lolly68]

Thank you for replying.

 

The mortgage is £177k - my flat is worth about £225k now. I have about 19 years left on the mortgage.

 

I am paying an interest only mortgage at this time. I want to go over to a repayment mortgage as soon as I am able to. The past few years have been so traumatic - what with redundancy, trying to find a new job and then when my father passed away this year. I know they are not interested in sob stories but just want a lucky break.

 

I filled out income and expenditure form and sent it to them - they have said that they can see that I can afford the repayments going forward but they still refused my offer.

 

I do get sent a letter regularly with default charges on it but never knew that I could get any of this back.

[ukaviator]

You need to get prepared for the court straight away, You need to get BM to give you a run down on how much arrears is made up of fees.

 

Take all correspondance with you, they have admitted that you can pay the mortgage going forward.

 

£4000 in arrears with 19 years to go can be sorted out before the mortgage ends. Make sure in your income and expenditure form you can pay towards the arrears with what you can afford.

 

The arrears charges should be refunded taking that down below £4000.

 

If you have anything to pay up front then pay that in showing that you are seriously trying to pay back the arrears, don't leave yourself broke.

 

Make sure you keep paying the mortgage your normal payment.

 

Take along bank statements as proof that you have been paying the mortgage.

Edited November 12, 2013 by ukaviator

[Lolly68]

Thank you ukaviator. I have emailed the solicitors asking them to send me the information you said I should ask for.

 

I have not been able to pay the mortgage for past few months because I havent worked until now. The money I do have is for fares to get me to work and childminding costs after school (if I didnt pay her would not be able to go to work!).

 

From the 25 November I can start paying again when I get my first pay.

 

What do you think my chances are of getting this suspended?

[National Debtline]

Hello Lolly68.

 

UKaviator's advice is spot on. The court are going to be interested in your abilities to to meet your regular contractual instalment along with a little extra which will go towards clearing the arrears. It's important to ensure that the amount you offer towards the arrears is sustainable, please do not offer too much to cause you to struggle with your other essential outgoings such as food and bills etc.

 

The court is able to re-suspend the suspended possession order so long as it can be shown that you can clear the arrears within the rest of the mortgage term. This, in effect, would suspend the eviction. If you are not already aware, there is an important case called Cheltenham & Gloucester v Norgan which states that a reasonable period of time to clear the arrears could be as long as the rest of the mortgage term itself - though if you are able to clear the arrears over a shorter duration this is encouraged.

 

You have tangible evidence that your sitaution has improved, the court should give this serious consideration. It is generally the case that the courts will want to keep people in their homes, a repossession order should always be a last resort. That said, it's important to try and not breach the order in the future as the courts may allow the lender take possession via an eviction warrant if too many orders are not stuck to.

 

We have a guide to dealing with mortgage arrears, you can find it here: http://www.nationaldebtline.co.uk/england_wales/guide.php?page=guide-mortgage-arrears

 

Best wishes,

 

David @ NDL.

[Lolly68]

Thank you so much David for your response. I have been beside myself with worry over past few weeks and was surprised that BM did not accept my proposal. I have offered them £200 per month on top of my mortgage but have so many other debtors regarding utility bills that woulld have offered them more.

 

The past few years have been awful starting with redundancy and this year losing my Father. A week today I should know the outcome - lets hope this is the start of new beginnings!

 

x

[National Debtline]

Please do keep us updated. It's important to remember that the courts are not there to take sides; they should, in theory, make the fairest decision for all involved parties. The fact that you can now make a reasonable offer should hold you in good stead. Make sure you take a copy of your financial statement and any supporting evidence to show affordability will be OK going forward.

 

David.

[Lolly68]

I have just had Drydens Fairfax call me. They said that I cant apply for a suspended possession order as I already have one from January 2013. I put that down on the form as that is what the court bailiff told me to put? Will it be ok do you think.

 

Also cos the eviction is on 21st and hearing on 20th - have been told that I will still have to leave on the 21st if the court goes against me. I have not arranged anywhere else to go - I just feel sick.

[Ell-enn]

Dryden Fairfax should know better! you are not applying for a suspended possession order, you are applying for the eviction to be stopped - you will then return to the position you were in before i.e. a suspended possession order dependent on you making your monthly payments on time. You should ask the judge to add to the order he makes that once the arrears are cleared the suspended order is removed.

[Lolly68]

El-enn - thank you for replying.

 

People keep saying to me that I should be ok and that the Judge will surely be on my side. But the luck I have - I keep thinking its all going to go wrong. Trying to concentrate on my new job but keep getting distracted with all this.

[ukaviator]

Hi Lolly

 

If Dryden's call again tell them to write to you, keep a paper trail on everything this bunch do. You are in a very good position to fight this as the arrears of £4000 with 19 years left on the mortgage is managable when paying back the arrears. If Dryden's do call back tell them to send you a list of the charges they have been adding to your mortgage account. These are unfair to someone who is in arrears, have a read here:

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/mortgages-arrears-and-hardship.html

[Ell-enn]

Hi, what exactly did you write in Q.10 of the N244 form? (I'm assuming you took a copy for yourself before handing it in? ) did you affix a budget sheet?

[Lolly68]

Hi, what exactly did you write in Q.10 of the N244 form? (I'm assuming you took a copy for yourself before handing it in? ) did you affix a budget sheet?

 

I wrote this Ellen

 

I would like to ask the Court to suspend the possession order. I have recently started a new job on 28 October and my first pay day will be on the 25 November this would enable me to pay the monthly payment and £200.00 per month towards the arrears. The claimant has refused this offer and wanted £1254.21 to stop the warrant being executed. I have tried to raise this money but I haven't been able to achieve it. As I did not work between April 2013 - October 2013 and have had no income until now this would help me going forward. My Father passed away in April just after my employment ended because it had come to the end of the contract and it has taken me a while to get back on track. I hope the Courts can help me with this.

 

I also have a 7 year old daughter and would ask the Courts to please let us keep our home. This year has been very tough on both of us after losing my Dad and her Grandfather that she was extremely close to.

 

I attach a copy of of my new contract of employment and an income and expenditure form. I also attach e-mails from the Claimant's solicitors.

 

I did attach a expenditure form

[Ell-enn]

OK, you can also take a statement along to the hearing and hand to the judge asking him to consider the Norgan case law (this gives the judge the power to allow the arrears to be spread over a longer period of time than the lender would like). If you'd like me to draft something for you to take to the hearing please let me know.

[Lolly68]

Oh yes please that would be great.

 

I also found out that the arrears are what they said and that they have put the default sums onto the mortgage balance and not the arrears balance.

[ukaviator]

The default sums will incur a lot of interest over 19 years so you do need to get those removed from the account. If they refuse contact the Financial Ombudsman I'm sure they will not be very happy with BM.

[Ell-enn]

Oh yes please that would be great.

 

I also found out that the arrears are what they said and that they have put the default sums onto the mortgage balance and not the arrears balance.

 

OK I will draft a statement for you and affix (probably tomorrow)

[Lolly68]

Thank you. I was off work yesterday but back today. Sent one last ditch attempt to Drydens to see if they will stop of the court hearing by just accepting my offer but have had no response.

 

I will ask for the default sums ot be removed but dont think they will do this.

[Lolly68]

They have come back and said that they will be going for eviction. Oh gawd.

[Ell-enn]

Do you know if your local court has duty legal advisers in attendance on the days when eviction hearings are held? Ring and ask if you don't know.

[Lolly68]

Do you know if your local court has duty legal advisers in attendance on the days when eviction hearings are held? Ring and ask if you don't know.

 

Ellen, no I don't know. What do you think my chances are? I'm so bloody scared. My little girl knows something is up and is very upset. As I have breached the last SPA. Will the court give me another chance do you think

[Ell-enn]

Hi, you should phone the court on Monday morning and ask if they have any duty legal advisers.

 

I'm sure you will be OK, once the judge knows what your circumstance were earlier in the year I can't see him giving possession to the lender. People with much higher arrears than yours have kept their homes. Judges don't want to take people's houses away when there is a good chance they can make payments going forward.

 

Stay positive

[Lolly68]

Hi, you should phone the court on Monday morning and ask if they have any duty legal advisers.

 

I'm sure you will be OK, once the judge knows what your circumstance were earlier in the year I can't see him giving possession to the lender. People with much higher arrears than yours have kept their homes. Judges don't want to take people's houses away when there is a good chance they can make payments going forward.

 

Stay positive

 

Ellen you have been lovely. Thank you so much for taking the time to reply. I am trying to. Just don't know why BM are being so awful!

[northernbloke]

Hi, you should phone the court on Monday morning and ask if they have any duty legal advisers.

 

I'm sure you will be OK, once the judge knows what your circumstance were earlier in the year I can't see him giving possession to the lender. People with much higher arrears than yours have kept their homes. Judges don't want to take people's houses away when there is a good chance they can make payments going forward.

 

Stay positive

I was £15000 in arrears and I'm still here!