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Eviction Date Received, Advise please.


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We have received an eviction date for the 5th June 2014 after being behind with our mortgage payments.

 

A year or two ago we were taken to court and the judge ordered that we paid an extra £46 a month on top of our payments.

 

Unfortunately we also had some rental arrears on our shop and the council ordered us to pay £100 per week. We are almost at the end of paying the rent arrears but having to pay it meant that we couldn't always pay our mortgage.

 

I have been speaking to Topaz Finance for the last few days and have been struggling to come to an agreement - I have proposed to pay £375 this month (our base payment is £256,) and £450 next month and £500 on subsequent months but they are sounding like this is unacceptable. I am due to hear back later today but it doesn't sound good.

 

What are my options if they decide that my offer isn't good enough?

 

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Hi there, you can apply to the court on a N244 form (we can help you with that) to get a hearing in front of a judge to stop the eviction.

 

 

How much are the arrears ?

how long is left on the mortgage ?

How many payments have you missed under the court order?

Did you keep up the payments under the order for a reasonable length of time?

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Hi, firstly you need to complete a budget sheet to show what you can realistically afford you will also need to affix it to the N244 application for court. I have affixed the one we normally use (it calculates automatically as you fill it in).

 

 

Did you make your payment proposal to them in writing?

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I still haven't heard back from Topaz Finance, it has been 12 days now since I got my eviction notice and spoke to them initially. I have made what I consider to be a fair offer. I spoke to them again today and they just said they'd ring back when it has been looked at.

 

I have done what I can. Should I now try the court route? I'm extremely stressed out and the eviction date is getting closer.

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Hi, given your eviction date is next Thursday I think it would be prudent to get an N244 ready to file at court by this Thursday so you get a hearing before the eviction date. Have you completed the budget sheet I affixed in a previous post?

 

 

Also, do you have copies of the offer you have made ? (the one they are still considering)

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Hi, given your eviction date is next Thursday I think it would be prudent to get an N244 ready to file at court by this Thursday so you get a hearing before the eviction date. Have you completed the budget sheet I affixed in a previous post?

 

 

Also, do you have copies of the offer you have made ? (the one they are still considering)

 

Hi I'll do the budget sheet now. I don't have a copy of the offer as it was made verbally.

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OK, you will need to put the dates (and times if you can remember) of the telephone conversations in your N244 statement. Let me know when you have completed the budget sheet.

 

 

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 fill in the N244 and write a statement to go with it.

 

 

You can also download the N244 form from the second post in the guide thread.

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Would you mind emailing it to me so I can check it's ok ? [email protected] (there is no space between the c and o, the site just shows it like that)

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I have today been to the court and filled in the N244 and pain the £50. My hearing date is 3rd June, my eviction date is the 5th June.

 

This afternoon my mortgage company finally rang me back and said that my offer of £375 this month and £450 next month was unacceptable and they wanted lump payment. My base mortgage payments are £246, I thought that my offer was a fair one.

 

So now I am in the hands of the court and I have no leeway for error. With this is mind can you please give me examples of how people have been declined a removal of an eviction so I know what to prepare for? In what cases do the court not help people like me? And in your opinion what are my chances of success?

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Did you take the budget sheet and write a statement to go with the N244 as shown in the link I gave you to the guide in a previous post ?

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No, I took a folder with stuff in including my proof of paying £100 a week off the other debt (which comes to an end shortly,) but the lady said to keep them and take them to court with me next Tues to the hearing. Is that normal?

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What has really annoyed me is that Topaz won't tell me what figure is acceptable - what I have to do is make an offer and then wait days on end for a response - but time isn't on my side to do this :(

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It would have been a good idea to take a statement which quotes the Norgan case law and also the budget sheet so the judge can read it all before the hearing. You can still tke these to the court and ask them to put them with your N244 in the file for the judge.

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If you need help with the statement let me know - you can see how to set out the statement in the guide I gave you the link to http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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