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Awaiting Eviction date - ** SUSPENDED **

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I will try to keep this short and just stick to facts.

 

For numerous reasons we have circa 11k arrears on our mortgage and BS are going for repossession.I have been advised that the bailiffs will call with paperwork and then it will be two weeks ish from that date. Expecting paperwork in next week so three weeks to sort it out. We have put our house on the market and have approx. 70k equity.

 

Mortgage payments are circa £900 per month but we our circumstances have slightly changed and with 140 months left could afford a Norgan payment on top of monthly payment until the house has sold. We have 2 young children 6 and 7 and are both working.

 

Our aim is to sell and rent for a few years, save some money from what we get from the sale and time being a great healer and possible inheritances coming through buy in say five years again when we can both work more hours with the children at secondary school.

 

There is a suspended possession order from 2010 but there have been NO eviction hearings before. Could someone give me some advice as to the best defence when I go to court to se if I can get the eviction overturned / suspended. The BS have told me that they will only accept a big lump sum (which we don't have) plus interest and £600 per month off arrears?

 

 

Do you think I stand any chance or should we just assume the BS will win and that's that?

 

 

Hope someone can help....I know I need a form 244 etc and also the protocol round filing it and getting a hearing, its just how to approach it. I have read that some people are on their 7,8,9th etc eviction hearing and still being ok, but I worry that with my luck the Judge will just rule against me!

Edited by citizenB
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"We have 2 young children 6 and 7 and are both working."

 

Wow teaching them to work for a living at a young age well done :D

 

Just kidding (And hopefulyl making you smile a bit)

 

Someone should be along to help you soonish I imagine.

BUT on a related topic, I would SAR the lender and management cmpany (If applicable) and see how many unlawful charges they have added to your bill and get the claim for those back to reduce your arrears

 

However time may be against you, unless you so happen to have all the statements :)


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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My sense of humour is still intact...!

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bump


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Sorry to see that you appear to have been overlooked.

 

I will send out some S.O.S messages for you.


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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No, dont just assume that the company will get their own way. You might want to have a look round the forums at other similar situations - if you look for threads where either Ell-enn or Lea_HTH have responded you will see that they have a high rate of success of getting these suspended.


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Uploading documents to CAG ** Instructions **

 

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2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi there, are you able to make the normal monthly payments plus something towards the arrears going forward ?

 

You say there is a suspended order from 2010 - how many payments have you missed since this order and were they recent ?

 

Do you have comfirmation that your house is on the market? i.e. estate agent contract, advert, brochure etc ?

 

 

You should complete a budget sheet to go with the N244 - I have affixed the one we normally use (it calculates automatically as you fill it in)

I can help you with a statement to go with the N244 if you need me to.

Budget Sheet.xls


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Hi Ell-enn and thank you for replying to me and obviously the others as well. I will keep things to simple facts for you.

1) Yes, we could make the monthly payment plus a small amount towards the arrears going forward as we are both working. We have 142 months left on the mortgage

2) The missed payments have been in the last 18 months, the bulk of them this year from March until now. I am setting up another business which would get us out of problems, however, I have not been putting in so many hours of work as I have been researching and doing the hard work for the start of the business, this has eaten into our money hence the mortgage problems. Chicken and egg really, we have up until 2010 been on repayment mortgage, but due to recession, losing a business and subsequent two years of very ill health it all went pear shaped, but given a few months we could be back on repayment mortgage again, but we want to sell and move on if that makes sense.

3) Yes we have signed contract with agent details etc.

4) I can do a budget sheet and would be very grateful for your help with preparing a statement so that it is correct and compelling.

 

Many thanks

 

Andrew

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Hi Andrew,

 

 

Let me know when you have completed the budget sheet and how much you could reasonably afford towards the arrears each month. If you'd like me to look over the budget sheet you can email it to me at Ell-enn@consumeractiongroup.co.uk (there is no space between the c and o, the site just show it like that.

 

 

I will make a start on drafting a statement.

 

 

Who is the lender ?


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Hi Ell-enn Thank you very much for helping me. The lender is Chelsea Building Society. Would you like me to email you with any additional info that I may not want to put on an open site, or do you have enough, less the budget sheet at the moment, to do a defence?

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If there's anything you think might be extenuating circumstances then by all means email me. However, if you are determined to sell and can show you are able to payments while awaiting the sale then we probably have enough info for a statement.

 

 

When will you next be making a payment - if you can make one before the hearing it always helps your case.

 

 

If you haven't received an eviction notice yet it might be worth while sending a letter to the lender outlining your offer of payment and advising them that you have instructed an agent to market the property. I can draft a letter if you like ?


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We will be able to make a payment on the 31st July and going forward until the date of sale there will not be a problem as I will work all hours to ensure that we can keep to any arrangement....The BS said that they would be passing all stuff to their solicitors on Monday just gone so we have no eviction notice yet and I guess it may take a week or ten days before that arrives? Is that a fair estimation? But yes, if you could draft a letter it is worthwhile and at least it will be on record for the court to see that we are doing the right thing

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OK, complete the budget sheet as you will need to affix it to the letter.

 

 

Back shortly.


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Good Afternoon,

 

I just wanted to chime in as someone who has struggled immensely over the last 5 years, I've had low income, a loss of jobs and a partner who battled depression. Over this time I've missed payments and in between made overpayments that saw my mortgage arrears go up and down.

 

I have seen off 4 Eviction attempts and on almost every occasion it has proved to be my willingness to resolve the matter that has resulted in the rulings in my favour. The last eviction attempt was made based off an amount that totalled less than two payments in arrears and had saw me making overpayments for three months whilst my Mortgage lender insisted we no longer have a valid arrangement in place and they wanted full clearance or eviction.

 

Don't give up, if you think you can stay in your home and repay the arrears go ahead and fight for it. Everyone with the exception of your lender wants to ensure you keep your home and that you can repay all money in a suitable timeframe without problems

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Thank you for those positive words I appreciate it

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Hi, I have replied to your email.

 

 

Affixed is the letter you need to send asap. You just need to put in your address, their address and the amount you are offering to pay towards the arrears where there are XXXs. Also put the estate agents name where there are XXXs. Try to keep the letter all on one page (lenders have a habit of being unable to process information if it's on more than one page lol).

Affix photocopies of the estate agents details to prove the house is on the market.

 

 

Send by special delivery (make sure you have the right address).

Keep a copy of the letter safe and also the receipt for special delivery - you can then check on the royalmail website a few days after posting to print off the signed for receipt - you then need to keep that with the letter as we will affix them to the N244 form to show you tried to come to an arrangement.


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Thank you, I have now done this and attached budget sheet plus signed estate agents contract and letter from estate agents confirming same. It will go by special delivery tomorrow so they receive it Friday morning

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Good - lets see what reply you get


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It's a bit of a win win I think....if they agree it saves a visit to court, if they say no, then it looks bad on them in court anyway

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Rang the building society today as I have had no reply to my letter dated 2nd July and sent by special delivery, received and signed for on the 3rd July.... They have no trace of it and it has not been seen or actioned...what a joke.

I have today been through the contents of the letter sent to them plus the budget sheet and they are going to make a decision in the next day or so whether to accept it or push forward with eviction. The offer is in excess of Norgan and our house is also on the market as well...

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Telephone call this morning from building society rejecting my offer and advising that they now are going to enforce the suspended possession order with an eviction warrant....

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OK, so they found the letter then! ring them and ask them to put their refusal of your offer in writing as you intend to apply for a hearing in front of a judge to get the eviction stopped. Make sure you write down the time of the phone call and take the name of the person you speak to.

 

When the eviction notice arrived we can then do an N244 form to ask for a hearing.


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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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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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No, they never found the letter....I was made to go through everything over the phone with them which was in the letter and then wait 48 hours for a rejection....I have put forward more mitigating circumstances this morning and it has gone back for another managers review, but they seem hell bent on being difficult now, despite the fact that our circumstances have changed for the better and we would be able to stick to a payment arrangement which is in excess of Norgan....

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