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andrew0101

Awaiting Eviction date - ** SUSPENDED **

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Hi, I haven't got the email..........


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Hi, got the email - but you haven't done a statement yet? or budget sheet. Have you looked at the guide at the top of the repossession forum or the other threads I gave you links to in post 47? -


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I'm on it...will be with you in the morning...

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Ok :)


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Hi Ell-enn.....email has been sent for you

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I have replied (2 emails)


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Please could you check emailed statement Ell-enn.....I am having to send it from another email (Gmail account as my other one is not currently working) sending now

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I have got the email and replied, but we need to sort the budget sheet


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I hope this can act as some help to others now after my experience yesterday. I had my court hearing to suspend the eviction warrant. Despite over £13k of arrears and not one penny paid since February this year, the building society sent a barrister who told the Judge a very damning story of borrowers whom quite clearly did not take their mortgage commitments seriously and should be evicted next Wednesday under the terms of the warrant.

 

The Judge without hesitation after this suspended the warrant given that the statement on the N244 clearly showed that the mortgage was affordable and that the offer to clear the arrears fell in line and indeed was in excess of the case law of Cheltenham and Gloucester vs Norgan. The advice that I have received on this site has been invaluable and I am grateful to all who have helped me through this difficult time.

 

 

I do however have to go back to court again in January as the Judge wants to relook at our expenditure once the loan on my wife's car ends with a view to increasing the payments to clear the arrears. This does cause some problems as I have done some figures already and given that we would need to buy a car (with no money) and also pay for after school club for both children in order for me to work, plus the cost of a season ticket for my wife to get to work plus a bus as well, would actually mean that our monthly outgoings would be higher than they are now....I guess this is a bridge that I will need to cross in January at the hearing, but am hoping that so long as payments are made in line with the court order yesterday he will take a fairly lenient view?

 

I do have one further question now....I have no paperwork as yet regarding yesterdays hearing and assume that I will not need to contact the bailiffs office re the eviction next Wednesday as that will be an internal matter for the court the do? If they were to turn up on Wednesday I imagine that I would just have to refer them back to the court to get the order that was imposed yesterday and that would be good enough?

Edited by citizenB
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Well done :) glad you got a decent judge. You should receive the court order in the post early next week - the court will have informed the bailiff office of the suspension of the warrant. You could always ring the court on Monday and check.


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I hope this can act as some help to others now after my experience yesterday. I had my court hearing to suspend the eviction warrant. Despite over £13k of arrears and not one penny paid since February this year, the building society sent a barrister who told the Judge a very damning story of borrowers whom quite clearly did not take their mortgage commitments seriously and should be evicted next Wednesday under the terms of the warrant.

 

The Judge without hesitation after this suspended the warrant given that the statement on the N244 clearly showed that the mortgage was affordable and that the offer to clear the arrears fell in line and indeed was in excess of the case law of Cheltenham and Gloucester vs Norgan. The advice that I have received on this site has been invaluable and I am grateful to all who have helped me through this difficult time.

 

 

I do however have to go back to court again in January as the Judge wants to relook at our expenditure once the loan on my wife's car ends with a view to increasing the payments to clear the arrears. This does cause some problems as I have done some figures already and given that we would need to buy a car (with no money) and also pay for after school club for both children in order for me to work, plus the cost of a season ticket for my wife to get to work plus a bus as well, would actually mean that our monthly outgoings would be higher than they are now....I guess this is a bridge that I will need to cross in January at the hearing, but am hoping that so long as payments are made in line with the court order yesterday he will take a fairly lenient view?

 

I do have one further question now....I have no paperwork as yet regarding yesterdays hearing and assume that I will not need to contact the bailiffs office re the eviction next Wednesday as that will be an internal matter for the court the do? If they were to turn up on Wednesday I imagine that I would just have to refer them back to the court to get the order that was imposed yesterday and that would be good enough?

 

When you return in January, just ensure that you have an updated budget sheet with you - I would think that the Judge would recognise travel costs are a necessary part of the budget - if you cant get to work, then you would not be able to repay what you are !


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Having now done the maths I can prove to the court that losing my wife's car will infact mean that our income will not be able to comply with the court order made on the 8th October.....Thus if the judge wants to vary the order to make us pay more each month it will mean we can' t afford what he has ordered in the first place....I guess that leaves him in a difficult position and one he had not thought of whilst making the order!

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I don't want to pry but surely the end of the loan on your wife's car leaves her with a car and no loan payments. How is this going to make you worse off in January?

 

 

And also you have previously told the Judge that you have arranged childcare with friends, but now you are saying it has to be paid for?

 

 

To be honest Andrew I think it leaves you in a difficult position, not the Judge! You need to be consistent with what you have said at this month's hearing.

 

 

He has been very generous in the circumstances. I would be hesitant in going back in January to try and prove that the Judge was 'wrong' in October!!

 

 

I would move heaven and earth to make the payments you have been told to make and come up with a plan to pay a little more in January.

 

 

Trying to be 'clever' is going to land you in a lot of trouble if the next Judge is not as sympathetic! :)

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Mods I would like this whole thread removed please, or if not, all my posts...I believe I have the right to do this and would be grateful if my wishes are respected....many thanks

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I returned to court for a review on the 7th of Jan with my amended budgets as per my above post. The hearing lasted less than five minutes as the Judge could see that I had made payments as per the order made in October and felt that it was correct to keep things as they were given the changes I had detailed....warrant now fully suspended and no more action.....the post made by Born this way was extremely unhelpful especially with no knowledge of anything and very disappointing that posts like that are allowed....fortunately I knew my case and stuck with it

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I returned to court for a review on the 7th of Jan with my amended budgets as per my above post. The hearing lasted less than five minutes as the Judge could see that I had made payments as per the order made in October and felt that it was correct to keep things as they were given the changes I had detailed....warrant now fully suspended and no more action.....the post made by Born this way was extremely unhelpful especially with no knowledge of anything and very disappointing that posts like that are allowed....fortunately I knew my case and stuck with it

 

 

Good that you have had a good result.

 

The 'problem' with any forum is that others will give differing opinions and it is down to you to accept or reject the opinion. As it is, you stuck to your guns and got the result. Your finances are nobodies business but your own (unless of course you decide to share)


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Thank you for your post. I have always tried to be very open in order to help others along the way.

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That's good news, you must be very relieved. I hope you found the forum helpful :)


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Andrew your original post implied that you were going to 'prove' to the Judge that you should be paying less than the original Judge requested, and the issue of you being worse off when your Wife had managed to pay off her car did not make sense.

 

 

I urged caution about trying to 'point score' to prove the original Judge wrong and that you should make the payments as prescribed. Which is what you have done, so I don't understand your original post.

 

 

BTW it has not 'gone away' you have a suspended possession order and it will rear its head again if you so much as slip up by a £1 on your payment.

 

 

I was not trying to upset you, I was giving you the benefit of my experience in these matters. I was perfectly polite so grizzling that you wanted my post removed was rather unnecessary.

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The point I was trying to get across was this. Once the loan on my wife's car was paid off, the car would go back to the finance company and she would have no transport. Having then done the maths public transport and childcare over and above friends looking after the children would actually exceed the car loan cost and we would have been worse off than with the car loan....fortunately, this Judge saw that so it worked out well, the previous judge I think, was pro banks, this one, I think, more human and not so in favour of the mighty financial institutions flexing their muscles....hope this clears up any misunderstanding

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It appears lenders are becoming more desperate to repossess as evidenced with one challenging an order made by a district judge and asking for leave to appeal which was declined, although I believe that does not end the process and the lender can apply for leave to appeal. BEWARE.....when you think it's all over it isn't necessarily so.

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So the six years is up on the SPO arrears are being cleared but the BS wants to continue with an SPO so applies to the court for an extension....the judge grants it as a paperwork exercise, but then the BS attempt to flex their muscles by sticking in an application for possession....clearly this is an error so the judge who looks at their paperwork orders a hearing and reserved it for himself....well sometimes there is comedy in these matters....a buffooning barrister not really knowing what the BS wanted him to achieve, a judge who was not happy at the courts fime being wasted and me....the end result was an embarrassed barrister, a judge who said the barrister "the clues in the word suspended or do in need to get you a dictionary" and a little wink from the judge on way out.....a good day in court

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Oh that is brilliant !


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