Eviction order received HELP PLEASE

[Ell-enn]

Which thread was the number on please.

 

DB are wrong!! and hrac are wrong!! (they are just trying to get you to pay their fee for doing nothing more that we are doing now) if there are no arrears there can be no eviction - end of!! are you able to maintain the monthly mortgage payments going forward ?

[Magpie611]

So sorry Ell-enn for all these questions just panick stricken at making my daughter homeless.

[Magpie611]

Yes able to pay mortgage after. have sent budget sheet and p60 to the court, alongside sickness proof. DB says that I haven't proved to them that I can afford the mortgage after the arrears so they will ask the judge to continue with the eviction. Have all my bank statements ready for the court. If my parents pay off the arrears what do I do then?

[Ell-enn]

You need to get your parents to transfer the money into your bank and then you make payment either by telephone or by on line bank transfer. You will need to take proof of this payment to the court on Friday - we can draft an up to date statement to hand to the judge showing payment of arrears made.

[Magpie611]

Thanks Ell-enn, the number for hrac was in a thread by BuzzaS. On my last hearing I used them out of desperation, they did the same last time and said I needed specialist help and refered me to HMS. Can DB refuse the payment? I am going to my parents tomorrow, so will make the payment then. What is the judge likely to do following the arears being paid of in full?

[Ell-enn]

If the arrears are paid off then there can be no eviction - you just need to make sure that you pay enough money to clear them completely (even if you over pay by a couple of quid) do you know the exact amount of missed payments?

 

You will need to print off the transaction from your online banking to show the judge that the payment has been made. Let me know when you have done that and we'll get an up to date statement done for you to take to court. You r parents could write a short letter stating that they are gifting you the money as no doubt DB will challenge where it came from just to be awkward.

[Magpie611]

Hi in the last 19 months, since the judgement I have missed 3 payments all when I have had reaction to medication. 9 payments were paid either early or on time, 5 were 1 day late, 1 was 2 days late, and 1 was 3 days late, none of which would of occurred if they had allowed me to set up direct debit, I am sure they will argue this was not the case. Yes parents will write a letter saying they have gifted it. Can my parents phone with the payment or does it have to come from my account?

[Ell-enn]

Payment will have to come from your account as they won't take a telephone payment from your parents. Do you normally pay by phone or do you use on line banking? Do you know exactly how much the arrears are?

[Magpie611]

Hi I got an up to date figure this morning but will phone again in the morning to ensure this figure is correct. I pay over the phone via debit card. I cannot thank you enough for your help and keeping me sane when all seems to be falling apart. I will message tomorrow when payment made and if able to get advice regarding a new statement to show the judge. Thank you.

[Ell-enn]

OK, will you be able to print off the transaction from your bank once you have paid over the phone as you will need to show the judge proof of the payment being made ? remember it will need to be the total arrears

[dx100uk]

once this is settled

 

 

lets look at reclaiming all the arrears fees DB must be putting on you?

 

 

dx

[Magpie611]

I will print transaction off and will ensure it is for the full amount.

[Magpie611]

once this is settled

 

 

lets look at reclaiming all the arrears fees DB must be putting on you?

 

 

dx

 

Hi if all goes okay, and they let me set up direct debit I would love to except your offer of help. They have been a nightmare from day 1. Roll on 18 years and mortgage paid off!!!!!

[BornThisWay]

I Googled DB mortgages as I had never heard of them.

 

 

You may be interested to see this document which shows that they have already fallen foul of the Financial Conduct Authority and been fined for bad practice.

 

 

http://www.fsa.gov.uk/pubs/final/db_uk.pdf

 

 

Their charges sound highly irregular. Hopefully you will be able to get a lot of that back with a bit of help from this site!

[Magpie611]

You may

 

I saw an article a few days ago regarding this, will study it over the weekend if all goes well with the court hearing on Friday. When I phoned for balance compared to what I owed in feb 2013 they said they couldn't be precise cause they couldn't work out what charges applied previosly and just said you owe more, and this would go against me. They couldn't explain to me what charges had been applied:mad2:

[Magpie611]

Hi,

 

 

have cleared the full amount of arrears + £6.00.

DB tried talking me out of this action.

Saying they still want more info about my return to work date.

 

 

I have explained that I am going back on the 26th and will not have written confirmation of this until next week.

 

 

Just spoken to my occupational health department and will forward a letter confirming this ASAP.

I have also told them I cannot supply a letter from my estranged husband confirming his monthly cash payments due to domestic violence

-which they were aware of this

- this is one of the reasons communication broke down between DB and myself as they were bullies and I find this hard to deal with.

 

 

They're not happy with just a P60 (I haven't told them I have a host of pay slips and bank statements

proving regular salary and hence proving my affordability).

 

I did force them reluctantly to set up a direct debit to commence the end of September.

 

 

There response was the judgement could well go againist you.

 

 

Will now print off proof of this transaction also got there authorisation code.

 

 

Thanks for your wise words of wisdom.

For your info, looking back over my bank statements I paid £500 for assistance from the company hrac refered me too last time, not £300 as I thought. So thanks for saving me that amount of money.

[Ell-enn]

Hi Magpie, glad to hear you got the payment made. I will draft a statement for you to take to court and post on here this afternoon. Is your occupational health dept going to email the letter to you so you can take that to court too?

 

Did your parents write a letter stating the money was gifted to you ?

[Magpie611]

Hi ell-enn thank you for the statement. No occupationial health aren't emailing; but my current fit note as they are now known as doesn't state I need further review to return to work, so I can return at the end of this without further notice to my emplyee, the doctor is happy for me to return so does t require to see me again. The only reason for contact with them was to ensure my employers are adhering to there sickness policy.

[Magpie611]

Should of said yes parents are happy to say they gifted the money.

[Ell-enn]

OK, can you print a couple of copies of the payment transaction you made this morning. Get you parents to write a letter along the lines of:

 

We have gifted our daughter funds to clear the arrears on her mortgage incurred due to her being off sick from work unpaid. We were concerned for her health and wellbeing as her mortgage company have been unreasonable in their demands of her.

 

Signed XX & XX

[Magpie611]

Hi ell-enn will the mortgage company argue that I have been paid although reduced by around 3-5 hundred each month.

[Ell-enn]

Were you paid SSP? if so then you were not paid your normal monthly salary - therefore sickness was unpaid by the company

[Magpie611]

I was paid basic wages from my employer not SSP. loss of earnings are because I work nights. I should be able to claim this loss of earnings back but can provide no evidence of this until I meet with my manager next Friday- which is obviously no use.

Sorry for all this hassle, just don't want to muck up by stating the wrong wording.

[Ell-enn]

OK, the letter can be worded as follows:

 

We have gifted our daughter funds to clear the arrears on her mortgage incurred due to her being off sick from work on reduced pay. We were concerned for her health and wellbeing as her mortgage company have been unreasonable in their demands of her.

 

Signed XX & XX

[Ell-enn]

Affixed is the statement to take to court. You just need to enter the info at the top where there are XXX's. Affix a copy of the proof of payment and then take two further copies of the statement and proof - you will need to take 3 sets with you, one for the judge, one for the other side's rep and one for yourself. Take along 3 copies of your parent's letter - don't affix to the statement - just have them with you in case the subject of where the money came from comes up.

 

Get to the court early and ask if there are any duty legal advisers there - if so, approach them and ask for their help, they can accompany you into the hearing and support your case. If there aren't any advisers, then ask the court usher if it's possible to put your statement in the file for the judge to see before the hearing - if they can't do that then you will have to give the judge your statement in the hearing. As it's your application, the judge will speak to you first - when he has finished speaking (don't interrupt him!) you should say "Sir (or Madam), may I give you an update on the situation" and hand it over - give a copy to the other side's rep at the same time.