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halifax and drydens,mortgage ...eviction **notice suspended**


paulie100
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Hi....i have an eviction notice for thursday, halifax and drydens, i was told on saturday that i needed to pay 1500 and thereafter mortgage payment + 40....today had a call to say halifax want 1955 (+ 100 extra per month as per original court agreement)...(i had it reduced to 40)...this is 2nd eviction notice....what are chance of getting it suspended at this short notice??...arrears are 3800 total...thank you

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It may be worthwhile looking at the recent judgement in the HIgh Court in Belfast relating to the behaviour of Halifax and customer arrears. It appears that they have been capitalising arrears ie adding them to the end of the mortgage....and raising the monthly payment fee. This wipes out the arrears instalments because you are paying the arrears over the term of the mortgage. They have then taken people to court for the arrears asking for possession. The recent judgement deemed this behaviour as unacceptable. They cannot add the amount to the end of the mortgage and therefore increase mortgage payments to pay the arrears off...AND....ask for an additional payment to pay them off - as they are already being paid off. Do a google search for double billing mortgage arrears and it will bring up the case for you. It seems they haven't taken heed of this in Belfast. Shameful behaviour really. Did your mortgage payment go up following the arrears? If so, it seems that this practice is widespread. Good luck.

 

I can't tell you anything else about the possession order as I don't know that area but thought you'd be interested in this judgement as it's Halifax

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Hi, in order to have the eviction stopped you will need to apply to the court on an N244 form and make an offer to clear the arrears (I can help you with that).

 

How much are you able to pay towards the arrears and what was the reason for missing payments this time ?

 

When was the last eviction notice ? did you apply to the court for a hearing to stop it?

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Hi, i was aiming at paying 1500 to stop the eviction....last eviction date was 3rd Sep and i paid 1180 to stop that (didnt apply to court just paid it)....it was due to illness and missing work....but i am back in work now and have a pay rise in the new year also...my partner has also moved in with me and will contribute now also...monthly payment is 363 but will go up to 390 in january i have been told...thx

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Can you make the payment of £1500 now ?

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Hi yes i can just stretch to that....i spoke with the lawyers earlier and told them that i could pay the 1500....initially they said no we want 1955...and then i said that i would have to think about trying to suspend the eviction...they have replied asking if i can pay cleared funds of 1500 by thursday...i replied yes and am waiting for their reply....should i still apply for suspension as they have reverted to asking for 100 per month on top (as per original agreement)..whereas they had agreed a lower amount of 40....

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did they say when they would reply ?

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they probably won't come back to you as quickly as you'd like. Unfortunately you've got no choice but to wait till tomorrow morning before taking an application to the court and you might be struggling to get a hearing before the eviction day on Thursday if your court doesn't have a judge there every day. When did you receive the eviction notice?

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I received it on the 5th...but was aiming to pay the 1500 and 40 on top per month until they increased it to 1955 and 100 this morning.....i will have to beg and borrow if i am too late i suppose...as can't allow eviction...

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It's a shame you didn't come here for advice as soon as you received the notice - we may have been able to help you negotiate to stop the eviction.

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

 

 

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Have a read of our guide here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession

You will find examples of how to set out a statement to go with the N244 - you can download the form and the budges sheet from the second post in that thread.

 

The fee for the applocation is £50 and it will need to be cash as you are so near to the eviction date.

 

Let me know if you need help with the form , statement or budget sheet.

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Hi Ellenn...ok they wont accept 1500, so i am going to the court this morning, i called the court and they told me that i would be able to be seen by a judge by tomorrow....i hope they are lenient....

 

Where have they got the figure of £1955 from? Is this on top of anything ordered by the court? Is £1500 more than ordered by court? It is vital that you can genuinely afford any offer you make and pay it on time or, as you have found, you will be at risk again.Have you done a budget sheet and your statement?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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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Ok, took N244 in at 12.15...had a hearing with a judge at 2pm...eviction notice suspended...agreed to pay 800 by next monday and normal monthly payment + arrears payment from 1 Dec....will make sure we stick to it this time....thank you all for your help:)....

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Hi, well done, what reason did you give the judge for missing payments ?

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Phew!! I suggest that if possible you pay a few days before it's due to make sure it reaches them on time, especially over xmas with all the bank holidays.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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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