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Acendon set eviction date again


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Hi

 

Back in 2012 Ascendon applied for and got an eviction date from a suspended repossesion order from 2008. I posted on here and thanks to Ellen's fantastic help and advice I attended court and the judge suspended the order again provided I paid the monthly mortgage and £300 per month. At the time this seemed realistic and affordable but Ascendon kept on making things very difficult for me.

 

 

They wouldn't change the payment date despite me not getting paid until the 10th of every month and they insisted I phone up every time.However by sept 2013 I was completely up to date with the mortgage but my business has struggled over the last year (due to a restructure of the company I work for) and I've fallen behind with the mortgage again. They have now gone back to court and obtained another eviction date, set for Thursday 23rd October 2014.

 

 

My questions are:-

 

1. How long does a repossession order last-as it seems to just sit there indefinately and as soon as I'm a couple of months behind they start proceedings again. They know I'm self-employed and they always get their money but they are so inflexible and keep adding on countless charges.

 

2.I never get noticed of when they go to court to obtain an eviction date-is this right ? I just find out from their solicitors letter, which by the time it arrived this time gave me 2 weeks notice.

 

3. I will fight again to get the eviction date suspended, but I can't remember what to put on the n244 etc (I lost all copies of my previous eviction when my house flooded)

 

Can anyone help ?

 

Thankyou

Edited by citizenB
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Headache as I have found to my cost - yes a suspended possession order hangs over your head forever.

 

 

I believe from reading here that it is possible to get it removed but you have to have at least a couple of years of making every payment in full and on time and have been arrears free for the same period.

 

 

So.....every time you fall behind with a payment or arrangement they will be all over you again like a rash. The Council of Mortgage Lenders say that mortgage lenders should not push for repossession unless the borrower is 6 months in arrears, and even then only if the borrower if failing to 'engage' in terms of trying to sort the problem informally without the need for court action.

 

 

Like me you are with a sub prime lender and they seem to simply ignore the rules and do as they like. So yes, if you are in arrears with your mortgage and have a suspended repossession order, they can apply for eviction again whenever they like, and there seems to be nothing to compel them to tell you what they are doing. (In practice I am sure there is something they are supposed to follow, but as I said above, they ignore it).

 

 

I have fought eviction several times with Ell-enn's excellent advice and you need to do the same. As you say you will have to complete the N244 which I am sure Ell-enn will help you with, so you need to be assembling the information for when she is around.

 

 

Can you show a judge that you can afford the monthly subscription plus something towards the arrears - you will need a budget sheet for that. How far are you in arrears - does your earning potential look better going forward?

 

 

The Judge does not want you to lose your house. That helps nobody. Sub prime lenders are horrible people, so try not to worry too much about their heavy handed tactics. Everyone else is on your side!! :)

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Thankyou so much for your encouraging words above. It really means a lot to know that I'm not alone.

 

12 months ago I was completely up to date with the mortgage, and I had started tackling all debt that I had with everyone, but Council Tax baliffs came to the door and then Southern Electric wanted to cut me off. These 2 are now sorted (I am up to date with council tax and I have had pre-payment meters put in for my gas and electric). But because of my drop in wages, by the time I paid for these and kept my business going,I fell into arrears again (I owe £7100). Yes, I know robbing peter to pay paul, but being self-employed if I didn't keep the business going I would have nothing coming in. I can finally see light at the end of the tunnel, and whilst my last 12 months have been a huge struggle, my income will only improve over the next few months. I am in a position to pay the mortgage but I am concerned they will push for a high repayment off the arrears. Realistically I can only afford £75 per month but I'm worried this won't be acceptable. I do have over 16 years left on the mortgage. I have started to do my budget and started the N244, so hopefully Ellen will help me as soon as she can.

Thanks again for your help and kind words.x

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Hi there, I can help you with the N244.

 

How many payments have you missed under the suspended order?

 

When you say you got into the position of being up to date with the mortgage - do you mean that you had cleared the arrears and then went into arrears again ?

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Hi Ellen

 

I have missed 6 payments in total.

Yes I cleared all the arrears to the penny as at sept 2013, but along with my work restructuring and my back getting worse (I have a disc condition which means I have to take very strong painkillers and I'm not allowed to drive. My husband drives me to all my meetings etc which enables me to carry on working but does prevent him from getting another job ) I got into arrears again.

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Hi there, I found your previous N244 statement which you could amend (affixed) - I'm at work at the moment so limited for time. Will look in again later

Help us to keep on helping

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

 

 

This site is run solely on donations

 

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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Hi all

Have just got back from a successful court hearing and they have suspended my eviction. Lot of drama leading up to the hearing (including the court unable to take my application payment because their machine was down) but managed to get an emergency hearing for Today (eviction was set for tomorrow at 1pm). SPML agreed to my offer before going before the judge so everything was pretty painless.

Just wanted to say a huge thankyou to Ell-enn for all her help and advice, you are a godsend.

Good luck to everyone else going through the same thing and remembed there is always hope x

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That's great news - well done :) hope all goes well from now on.

Help us to keep on helping

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

 

 

This site is run solely on donations

 

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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Good for you! Battling my lender has taken over the last 5 years of my life - ever since their fixe rate ended and my employment bonuses reduced.

 

 

They are still threatening to repossess my house if I am a Penny short with the payment plus extra each month even though I have reduced the arrears down from over £5,000 to less than £2,000.

 

 

If you possibly can, (and I know better than anyone that is can be so hard) stick to the payments so they don't have the chance to add more costs to your account for 'instructing their solicitors' to chase you and threaten you.

 

 

I sometimes wonder if it is worth all the stress really. To be honest if it were not for my pet cats I think I would go and live in a tent!!!

 

 

Like you I owe my home to Ell-en! :) xx

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