Eviction set for 21 November / Eviction Stopped

[Lolly68]

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

 

Thank you northern bloke!! Was that with an SPA already in place? Have defaulted on it you see just so worried I won't get another chance

[ukaviator]

Hi Lolly68

 

Remember to mention to the judge that you have a chikd living with you, also that BM are not follwing the guidance of the Financial Ombudsman on how to treat customers fairly who are in difficulty. You have time on your side here as you still have 19 years left to pay. Here is the link to the refund of the mortgage charges letter:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?390026-Mortgages-Reclaiming-Charges

 

Think positive, take care.

[northernbloke]

Thank you northern bloke!! Was that with an SPA already in place? Have defaulted on it you see just so worried I won't get another chance

Yes there was an SPA in place. From all that I've read on here and elsewhere, I can't see you being evicted if you can show that you can now pay.

[Lolly68]

Hi Lolly68

 

Remember to mention to the judge that you have a chikd living with you, also that BM are not follwing the guidance of the Financial Ombudsman on how to treat customers fairly who are in difficulty. You have time on your side here as you still have 19 years left to pay. Here is the link to the refund of the mortgage charges letter:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?390026-Mortgages-Reclaiming-Charges

 

Think positive, take care.

 

Thank you ukaviator. I am trying to stay positive lets hope I have a fair judge.

[Lolly68]

Yes there was an SPA in place. From all that I've read on here and elsewhere, I can't see you being evicted if you can show that you can now pay.

 

Thank you for your support. Feel so alone at the moment just want it over and done with

[northernbloke]

Yes it's a crappy situation to be in, wondering whether you will soon be homeless, but look at it realistically... you are now working so can pay your mortgage in the future plus an amount towards the arrears, which really are not huge. You'll be ok!

[Lolly68]

Thank you. I will let you know the outcome. My Motheris going to come with me as moral support.

[Ell-enn]

Hi Lolly, I'm just finalising a statement for you to take to court and will affix in a few moments. Just a couple of questions:

 

1. Is the mortgage only in your name ?

2. What was the reason for the SPO in January ?

[Lolly68]

Ellen,

 

Yes mortgage in my name. My ex (my daughter's father) did put down £60,000 for us to live there when we split up. I have not told him about this eviction as he will go bloody mad - he will probably go even more so if it does not go my way but I just want to deal with this on my own. He hasnt got the cash anyways at the moment.

 

The SPO in January was arrears again (they were only £1700 then though) as I was not working the year before but it all went pear shaped when my contract ended on 16 April and my father passed away on 25 April. It took me a few months to get back on track you see.

 

I just phoned the bailiff and she has told me to stop worrying and that everything will be ok... lets hope she is right. She said that they have 4-5 a day at Kingston Counry Court and they all get a new order in place.

[Ell-enn]

OK, affixed is the statement for you to take to court. When you print it out make sure your printer is set for A4 paper (not letter size). You will need 3 copies. Enter the details at the top where there are XXX's (remove the XXX's), the info you need will be on the eviction warrant.

 

When you get to the court ask the usher if they can put the statement in your file for the judge to read - if they say the file has already gone through you will need to wait till you are in the hearing to hand it over - wait till the judge has finished addressing you and then just say "Sir/Madam, may I give you an additional statement" and then just hand it over - hand one to the lender's rep at the same time.

[Lolly68]

Ellen - thank you so much that is perfect. I will let you know the outcome on Wednesday. Thank you once again x

[Ell-enn]

You'll be ok

[TimeToStandUp]

Lolly - Just logging on to support you, Stay calm and patient, I have been through 4 suspended Re-po hearings and this site has pulled me through all of them, and all times the judge was not happy about the mortgage companies conduct. I owed similar amount to you, and had the stress like your going through where one of the hearings was at 10am with the eviction at 12pm !!

[Lea_HTH]

Just a word about Kingston County Court - they do have a duty solicitor, but she works alone (as far as I am aware), so if you want to see her, get there early. Depending on the day(s) possession hearings are listed, she may not be present. Stay applications can be listed on any day and not necessarily the day the duty solicitor is present.

[Lolly68]

Thank you - everyone has been so kind on here. My eviction is meant to be 10am the next day! I have done nothing if I do get evicted... not packed or arranged anything!

[Ell-enn]

In the very unlikely event that things don't go your way - you should ask the judge for time to find alternative accommodation (but you won't need to ask )

[pollie25]

Hi All, just been reading through this thread and i am in the same situation, got a eviction set for21st Nov at 11.00, going back to court this afternoon at 2.00pm to try and get it suspended. Has anyone got any advice i am so nervous never been to court before.x

[Ell-enn]

Hi Polly, if you have an eviction date there must have been a possession hearing at some point earlier - did you not attend the hearing ?

 

I assume you have submitted an N244 application to get the hearing this afternoon - did you get any help with a statement ?

[pollie25]

Yes there was a hearing but couldnt attend, i know i should of but i have a child with disabilities and struggle with finding someone to look after him. Yes i submitted a n244 form this morning and my local housing office helped prepare my statement. The mortgage company are not the nicest of people to deal with and make you feel like a criminal when you speak to them.x

[Ell-enn]

Did you include the Norgan case law in your statement? How much are your arrears?

[pollie25]

No i didnt. The arrears are around 1600 but then we have charges and fees to which they are saying need to be cleared as well. I have spoken to them this morning and offered a payment of £600 with the rest of the arrears being cleared on the 28th Nov, the guy i spoke tothis morning said he wasnt authorised to agree a payment on the account and would get someone who was to ring me bck but that could take 24hrs which is obviously to late.

[Lolly68]

Hello all - I won! Was in there all of 5 mins. The Judge told the mortgage rep off and said it was disgusting to put me through this as I just started new job! We talked about the mortgage payment being due tomorrow and I said I cant pay until 25 th when I get paid. Judge said that he cant order to change payment date but I have to pay £200 tomorrow. My Mum is going to lend me the money.

 

Thank you all for your wonder advice and support. I am at work now so better crack on.

[Lolly68]

No i didnt. The arrears are around 1600 but then we have charges and fees to which they are saying need to be cleared as well. I have spoken to them this morning and offered a payment of £600 with the rest of the arrears being cleared on the 28th Nov, the guy i spoke tothis morning said he wasnt authorised to agree a payment on the account and would get someone who was to ring me bck but that could take 24hrs which is obviously to late.

 

Just got back from court and it was ok. So dont be worried. If you have offered to pay the Judge will I am sure do exactly what my Judge did this morning. Good luck.

[pollie25]

Congratulations and well done, i just hope my outcome is the same.x

[Lolly68]

Last week I would have said I dont know but I am sure you will be fine. I owed £4400 and yours is much less. Who is your mortgage company?