Help eviction date 6th March c&g **Eviction Cancelled**

[desperatelee]

HI Could anyone please help me . I had a suspended posession order placed on 07/11/2007.

 

Everything was fine for four years

until I was made redundant 2 years ago.

 

I started my own cleaning business and

it was a struggle to start with but is booming now.

 

I missed 3 months payments sept oct november of last year.

 

Due to injury to my foot and being given 16 new estate agents to clean.

The cost of staffing them and new hoovers etc killed me

but it is a profitable contract now for a plc company.

 

I paid £ 3000 in december the 3 missing months plus decembers plus an extra £200.

 

C&g informed me that proceedings had started and would not be stopped unless all arears were paid.

 

I received hand delivered eviction notice yesterday and a postal one today.

I can afford my mortgage easily now my clash flow is sorted after seeking advice from an accountant.

 

The orignal suspended order was over 6 years old shouldn't it have been renewed ??

 

Also my mortgage is £484.91 +120 a month arrears as per spo. I always pay 700.

 

The original arrears amount were £10.681.82.

 

When the claim went in they were £11140.84.

 

I have paid off 3000 though.

 

I can clear this before the end of my mortgage term. 15 years.

 

mortgage is 230,489

 

House is worth 375,000

 

I have a child of 10 and 20.

 

It was hard for 2 years payments were missed but I finally have a successful business and can easily afford to pay the mortgage I really don't want to loose my house.

 

I now I need to fill in a n244 but I am running out of time.

 

Does the fact 6 years had passed before the went for posession matter.

 

I have no idea what to write.

 

Any help would be god send.

 

lee

[desperatelee]

Sorry I was using my phone.

 

After being made redundant and starting my business cash flow was all over the place.

 

I have sat down and with advice made changes

 

I pay my cleaners monthly now.

 

Have shortened my payment terms etc.

 

My wife is in full time employment and her wages easily cover the mortgage and arrears with out my income.

 

If I have missed anything or if anyone needs anymore information please reply as I have less than 2 weeks left.

 

Also sorry for the spelling I'm dyslexic.

 

Could someone also flag this please.

[sequenci]

Hello there,

 

You can ask the court to stop the eviction. You need to ask for another suspended possession order on the grounds that you can pay the regular mortgage plus a little towards the arrears. There is case law in the shape of Cheltenham & Glocuester v Norgan that makes clear that a reasonable period of time to clear the arrears can be the remander of the mortgage term.

 

You need to apply on the n244 form; There's a useful fact sheet here: http://www.nationaldebtline.co.uk/england_wales/guide.php?page=guide-mortgage-arrears

[desperatelee]

Many thanks sequenci. I just need help with my statement. Its all in my head but just can't express in writing. Will I definitely get a emergency hearing before the 6 th. From the threads I have read on here the eviction timescale seems really short.

 

But thank you for taking a look.

[sequenci]

They are really short but you can get an application in quickly - as it's an emergency situation.

 

Have you come across ell-enns guide on here? It's very, very good.

 

Sorry these posts are short, I'm in transit at the moment.

[desperatelee]

I have read nearly all of them. It was one of her posts that led me here. Hoping she may be on later. I know what I have to do I just don't no how to phrase my statement. My business was expanding quickly and I had cash flow problems won't go down well. Also due to the time scale I probably only have one shot at this.

 

I really do appreciate your responses though even in transit. Hope your not driving !

[sequenci]

OH no, I'm doing doing that!

[Lea_HTH]

Also my mortgage is £484.91 +120 a month arrears as per spo. I always pay 700.

 

The original arrears amount were £10.681.82.

 

When the claim went in they were £11140.84.

 

I have paid off 3000 though.

 

 

I am afraid this doesn't make sense.

 

The original arrears were £10,681.82, with you agreeing to pay £120 a month off the arrears - if you had not missed any payments in the last six years you would have reduced the arrears by £8640, just on the £120 per month...yet you state you always pay £700...leaving over £200 per month towards the arrears, which would have cleared the arrears in their entirety as £200 per month over 6 years is over £14k.

 

So you've obviously got something wrong there if the arrears are now £11140.84, or even if, taking off the £3k you say you have paid, leaving £8114. Something is drastically wrong if your arrears are now higher than they were six years ago when the SPO was granted.

 

Please clarify.

 

The fact that the SPO was more than six years old (you'll have to specify if the date the warrant was executed was before 7th November 2013 to be certain of whether it was old or not), would mean that the mortgagee would need to go to court to ask permission to use it. If it was executed before 7th November 2013, they do not need the court's permission.

[desperatelee]

Lea the payments have been patchy I had missed some payments before infact the spread sheat attached to the posession order does look bad pay one miss one pay 2 etc. Things finally got on track may last year. I then hurt my foot in the summer so I couldn't drive I was paying people to drive cleaners to contracts paying cleaners to cover the work I do etc. Also then landed that big contract which demolished my cash flow. I invoiced 30 days from month end so I had paid out nearly 2 months of wages till I got paid. Things are sorted now I'm now on 14 days from invoice and the majority of my cleaners are paid monthly.

 

The warrant being the enforcement of possession order ???? This was stamped 20/11/13.

 

I am ok going forward 700 a month is fine now cash flow is sorted. I was an employee for 14 years and really had no idea of running a business. It is doing well now but I I'm so scared I'll loose my house in 2 weeks time.

[desperatelee]

The 4 years before redundancy I always paid and got letters monthly saying consolidate your arrears god I wish now I did . The missed payment s was starting a new business from scratch which is now doing well.

[desperatelee]

Can anyone help please ???

[honeybee13]

Hello there.

 

I'm sorry you haven't had any replies. I've flagged your thread for the site team.

 

HB

[Ell-enn]

Hi there, I'm at work at the moment so my time is limited. You will need to enter an N244 at court to have the eviction stopped (unless the original possession order expired before they applied for enforcement - see info in Leah's post ) In the meantime have a read of my guide here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession there are examples of how to set out a statement to go with the N244 and you can also download the N244 form and budget sheet from the second post of that thread.

 

 

I'll get back to you as soon as I can.

[honeybee13]

Thank you for answering the SOS, Ell-enn.

 

HB

[desperatelee]

Hi ell-enn I did reply but not here ?

Original spo was on 7/11/2007

 

Possesion order claim stamped at wilsden is on 20/11/2013.

 

I am going to re read your link. And write a dtaft statement. It just looks like I have not paid mortgage to expand and pay cleaners while I was off injured with my foot.

 

rhank you for looking and any advice you give will be great.

 

lee

[Lea_HTH]

Lea the payments have been patchy I had missed some payments before infact the spread sheat attached to the posession order does look bad pay one miss one pay 2 etc. Things finally got on track may last year. I then hurt my foot in the summer so I couldn't drive I was paying people to drive cleaners to contracts paying cleaners to cover the work I do etc. Also then landed that big contract which demolished my cash flow. I invoiced 30 days from month end so I had paid out nearly 2 months of wages till I got paid. Things are sorted now I'm now on 14 days from invoice and the majority of my cleaners are paid monthly.

 

The warrant being the enforcement of possession order ???? This was stamped 20/11/13.

 

I am ok going forward 700 a month is fine now cash flow is sorted. I was an employee for 14 years and really had no idea of running a business. It is doing well now but I I'm so scared I'll loose my house in 2 weeks time.

 

Firstly, you need to be a bit patient - most of us have day jobs so we're not going to respond immediately to posts online.

 

Secondly - you have a point which your mortgagee doesn't seem to have considered, which is that they applied for a warrant of execution after the six year deadline, which means that in theory they should have applied to the court to use the previous SPO. I say 'in theory' because your arrears haven't reduced since the previous order, so it is quite unlikely that the court would not have given them permission to execute the order even if they apply in restrospect (and they may have made an application and you were just not informed - which shouldn't happen). In any case, you should mention the fact that the SPO was over six years old at the time the warrant was executed.

 

You will need to be honest in your application to the court to stay the eviction and accept that you have not made regular payments, but explain clearly how and why you can now meet them going forward. I doubt that you will lose your home - repossession is supposed to be a last resort, and if you are in a position to pay going forward, that is what the judge will consider.

 

I presume this is the first time that you have had to make a stay application? If yes, then there is an even stronger likelihood that the judge will give you another chance.

 

Try to stop panicking - Ell-enn has written lots of statements for stay applications and does a sterling job, so follow her guidance.

 

You mention 'Wilsden' - I am presuming that you mean Willesden (you did mention dyslexia if I am not mistaken)...if yes, Willesden has an excellent duty scheme, so once you have a date for your hearing, you should be able to go along and speak to someone - and hopefully your hearing will be listed on a day the advisers are present in court (Mon, Tue and sometimes Wed mornings).

[desperatelee]

Leah I wasn't trying to rush anyone I appreciate everyone has jobs and commitments and I thank you for taking the time to reply. Wilesden is right sorry. I will draft a statement on here very late tonight once I get to a lap top. And hopefully someone can take a gander if they have a chance. I have never had an eviction notice before nor been to court. I will ask when I hand in forms tomorrow about duty solicitor. Am I likely to get a hearing before next Thursday .

 

once again thank you all for taking the time to offer asistance.

 

lee

 

Once again thank

[honeybee13]

Hello Lea. Thank you for coming back to the thread with advice.

 

HB

[Lea_HTH]

If you take your N244 in this week you will almost certainly get a hearing, probably on Monday or Tuesday if the eviction is listed for Thursday - if you want duty advice you will need to ask the court to list your stay hearing on Monday or Tuesday next week...possibly Wednesday as there is no advice available on Thu/Fri at Willesden.

[Ell-enn]

I'm happy to take a look at your statement

[desperatelee]

Will do tonight and if you get a chance take a look in the morning. Many thanks.

[Ell-enn]

Will do

[desperatelee]

Statement

 

we are the defendants in this case and respectfully ask the court to consider the following information when considering the above case.

 

The arrears arose due to financial difficulties mr has had since starting his own cleaning and maintenance business since being made redundant in December 2010.

 

In September 2013 mr dropped a fire extinguisher on his foot which ment he couldn't drive for over 3 weeks and this caused a loss of income as I had to pay to get my work covered and for people to drive cleaners to contracts.

 

Also at this time he was awarded the contract for 13 bairstow eves estate agents and the initial cost of equipping these with hoovers took a lot of my cash flow.

 

I missed 3 consequitve payments on the trot and paid sept, oct, november and december a total of 3k in december.

 

I also have January's and febuarys payment ready to make but when I spoke to c&g last time they wanted full payment of arrears only.

 

However I am now back working I have picked up a lot of new contracts and have a good staff base.

 

my cash flow is so much better. I have reduced my payment terms from 30 days to 14 days. Which has improved things immensely.

 

My bank has offered me a overdraft should I ever need it to cover the costs of supplying new contracts etc. So my cash flow is fine now and managed much better. I also pay my cleaners monthly rather than every week.

 

I can offer £220.00 a month off the arrears on top of my normal payment of £484.61.please see attached budget sheet.Appendix 1.

 

My wife is an employee of ..... and we would set up a direct debit on the day she gets paid to cover the mortgage and this will guarantee there will be no missed or late payments again.

 

ell-enn I will then finish off with norgan case as per your link.

 

sorry it is long.

[desperatelee]

Done on my phone on way to right it up on a lap top.

[Ell-enn]

Hi, I've had a little free time this morning so I've drafted a statement for you (affixed).

 

 

When you print it out make sure your printer is set for A4 paper (not Letter size), so it all stays on one page. Obviously you need to read it through and insert your name where there are XXX's. The information you need for the top of the statement will be on the eviction notice.

 

 

Any questions, just shout.