Help needed - threat of eviction !

[boycezone]

Hi,

 

hope someone can help i am getting really worried - in Aug 2013 Kensington took me to court in regard to the arrears on our mortgage and they secured a suspended repossession order which meant we had to pay £915 per month in total. In Nov and December due to emergencies with our home the direct debits bounced. Kensinghton got in touch and did an I&E and told me they wanted me to make an extra £100 per month to cover arrears. They intially agreed over the phone and then 1 week later said that the offer wasnt acceptable. They feel i should pay more and have decided to go back to court and seek and eviction order.

 

I will make this months payment on time next week despite me having an attachment of earnings order this month which leaves us £600 worse offer - this shows that i can afford the court order amount. What do i do about them deciding to go back to court ? will i be notified of a hearing ? what do i do next ? an help gratefully recivced.

[Lea_HTH]

There won't be a hearing as they already hold an SPO - applying for the warrant to execute it is a paper exercise.

 

You will need to make an application to the court on form N244 to stay any eviction (once you receive the notice of eviction from the bailiffs - as it is cheaper to apply once you have the NoE). However, you are free to apply directly to the court prior to the receipt of the NoE if you don't want to wait.

 

Did you catch up the two missed payments? Or are you now approximately £1800 more in arrears than you were before? You'll need to have good reason and evidence of why the payments were missed - the fact that it was so close to Christmas will make the judge think that was the reason for the missed payments, so ensure you are clear and provide proof of what the money was used for.

[boycezone]

Thanks for this - i havent made the 2 missed payments yet - but will be able to make both of them by the middle of the month and then i will be up to date with my payments in regard to the SPO - am i right in thinking that making the payments will go in my favour ?