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Jaye05

URGENT HELP!! Shared ownership eviction 9th July!!!!

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Hi little advice needed as slightly complicated matter and having difficulty seeking advice as no one seems to know what I'm talking about (eg CAB and Shelter)

 

I have a 50% shared property mortgage and housing association leasehold.

 

I have received an eviction notice due to rent arrears. There a suspended possession order in place that included both the mortgage and rent aspects. Due to large legal fees on both accounts I was in discussions with the housing association and they have now obtained an eviction warrant for 9th July.

 

I have already made an appointment to file the N244 form.

 

The notice of eviction was an LT28 I discussed this with my mortgage company, they were unaware of the proceedings and informed me this was the incorrect form and should be for an owner/occupier. CAB have written to the housing association stating my case and offering a payment plan but they are a little hard nosed and not interested. At a bit of a standstill and unsure what to complete on the N244 as still unsure if the correct form was used (trying to speak to my mortgage company to see what they are now aware of).

 

Any help appreciated and hope this makes sense

.

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Jaye05 I have sent the site team a help request for you they will attend your thread as soon as they can.. In the meantime have a read here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession


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In the meantime can you please scan and remove all personal information the letters you have regarding your eviction and post it up please as this will save time later.

 

 

The attachments must be in PDF format..

 

 

Also if you can include as much history regarding this as well, this will also help...


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I'm struggling to attach the pdf files to this thread

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Won't allow me to post links as haven't enough posts yet grrr lol

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Follow this please

 

 

HOW TO upload DOCUMENTS / IMAGES ON CAG IMMEDIATELY YOU DO NOT NEED 10 POSTS

 

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG you must ensure that you REMOVE all Personal Information including Barcodes, Names, Addresses etc

 

ENSURE: To leave all Monetary Figures and Dates.

 

DO NOT USE A BIRO, PEN, SEE THRU TAPE OR LABELS TO EDIT THE INFORMATION

 

1. SCAN YOUR DOCUMENT

 

- Set your default scan page size to A4 less than 300 DPI (150 will do)

- Scan the required letters/agreements/sheets - as a picture (jpg) file

- Don't forget you can use a mobile phone or a digital camera too!!

 

- If you have multiple scans/pictures please put these into a WORD DOC first ensuring you have removed all Personal Information before converting to PDF.

 

- IPHONE ONLY: Take a picture and Convert to PDF via an APP

 

2. HOW TO EDIT (Remove Personal Information)

 

- Do this using MSPAINT.EXE or any Photo Editing program and ensure to save the document.

 

3. HOW TO CONVERT YOUR DOCUMENT TO PDF

 

- If you have OFFICE installed this has an installable PRINT to PDF option so use this and save as PDF.

- If you have PDF as an installed driver use this program and save as PDF.

 

OR Go to one of the many free online pdf converter websites:

 

- http://freejpgtopdf.com/

- http://www.convert-jpg-to-pdf.net/

- http://www.freepdfconvert.com/

- http://www.pdfmerge.com/

- http://www.primopdf.com/

 

PLEASE REMEMBER: It would be better to upload a Multi-page PDF rather than multiple Single PDFs.

 

4. BEFORE UPLOADING YOUR DOCUMENT ON CAG

 

- Logically Name your PDF File so Users know what it is. DO NOT NAME YOUR FILE USING BANK NAMES OR CAG IN THE TITLE

 

- For Example: Default Notice DD -MM-YYYY.

 

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG please ensure that you do a final check that all Personal Information including Barcodes, Names, Addresses etc. are REMOVED before carrying out the NEXT STEP

 

5. HOW TO UPLOAD YOUR DOCUMENT ON CAG

 

- In your Thread/Post open a new msg box here.

- Click 'Go Advanced' below the msg box.

- Click 'Manage Attachments' below that box.

- Click the 'Add Files' button on the top right.

- Click 'Select Files', navigate to your file(s) on your PC.

- Click 'Upload Files'.

 

- You DON’T have to put a link to the attachment in the msg box just upload it ……… JOB DONE

- You can click on your links to check them too!!


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Have you paid anything off the arrears since the suspended order ?

Is your mortgage up to date ?


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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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Have you paid anything off the arrears since the suspended order ?

Is your mortgage up to date ?

 

Hi yes the mortgage side is fully up to date as per the suspended order from November, the eviction notice relates to rent arrears. I've been trying to speak with the mortgage company as they were not aware of the proceedings when I first received the notice. It was them that stated the incorrect form had been served.

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@mikeymack2002 thanks for that still struggling think the pdf converter I downloaded isn't great

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If you have office 2007 drop the images in to word the save as PDF is another way too

 

 

You can use this tool too http://www.pdfforge.org/pdfcreator


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Talk to the mortgage company about what they can do ? They own 50%, yet they were not advised by the HA.

 

If the mortgage company stand to suffer a loss, if the house is sold following repossession, perhaps the mortgage company will consider making an advance on the mortgage to pay off the arrears to the HA. It may be less of a risk to the mortgage company to pay off the rent arrears, than allow the repossession to continue. But be quick, as the mortgage company will need information to assess the situation.

 

If you need to fight this legally there are a number of stop repossession type legal companies who offer free legal advice, but would charge if they can help you with the court/legal process. If you search online you will find specialists. Also check in your local phone directories, as some large cities/towns have charity organisations that offer legal help in these situations. Some are run by church groups who have Solicitors within their membership.


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Finally got the post count up was trying to upload from an iPad and having real difficulties haha

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@unclebulgaria67 thanks for that!! I am trying to contact the mortgage co my case handler is on leave and the person who deals with her cases isn't in until tomorrow. When I spoke to them upon receipt of the notice they said they would not be paying the arrears and nothing further they could do!! All this over around 2k (which 1k is legal fees) but that said when you have no money even 20 is a lot lol

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You could try contacting Shelter - they are really good with rent arrears cases


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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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Just out of curiosity and I completed the N244 with 2 options would the judge consider allowing me to stay in the property for a reasonable time to find alternative accommodation?? I have a young daughter and have recently split with her father. This is just an alternative option if a payment plan isn't accepted?

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I've spoken to shelter I didn't qualify for legal aid and because it's both rent and mortgage seem to have confused everyone

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Do you have home contents insurance with legal cover ? (most policies have this) - you should be able to ring their legal helpline and see if they can put you through to a solicitor for advice free of charge as it's covered by your policy.


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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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Thanks ell-enn I have some legal service through work that's free will try that.

 

A bit of a shot in the dark but I have gone through my mortgage statement and the amount of arrears has gone up by 4k ( since November) despite me keeping to the arrangements set out in the suspended order. I also believe that they may have included arrears management fees and 'legal costs' in the repo hearing from what I've read they aren't allowed to do this??

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Thanks ell-enn I have some legal service through work that's free will try that.

 

A bit of a shot in the dark but I have gone through my mortgage statement and the amount of arrears has gone up by 4k ( since November) despite me keeping to the arrangements set out in the suspended order. I also believe that they may have included arrears management fees and 'legal costs' in the repo hearing from what I've read they aren't allowed to do this??

 

They cannot include the fees and costs within a mortgage statement to which mortgage interest is charged, but I think they can charge you the amounts.

 

It does not sound as if the mortgage company have supplied you with full information or it has gone missing. I would have expected them to write to you providing full details of any revised payment arrangement, plus how the fees would be charged to you. If you are not paying the mortgage per the original arrangement, then with interest being applied on a daily basis, each statement will show a growing amount of arrears. The arrears are based on the difference between where you would have been had full payments been made and where you are now in regard to actual payments made. If this is not correct you need to take it up with the mortgage company.

 

I really think you need to get some proper financial advice about your situation, as to how you can get back on track. Can you afford all of the various payments for the house, as well as all other living costs ? The Housing Associations in this situation can take possession and unless there is some technicality which a Solicitor or expert can spot, you would just be asking for time to find other accommodation. The other option is to beg, steal, borrow, sell anything you can, to find enough to pay the Housing Association, so they discontinue with their possession order.

 

If the house is repossessed and sold for a reduced price, you could be liable for the shortfall in value compared to debt outstanding, plus all of the costs in them selling the house. I suspect you realise this, but mention it, as not all are aware of this.


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The mortgage is with the ever wonderful Acenden so does appear that they have been doing what they usually do and have included their unfair charges in the original possession!

 

I've the CAB on my case but appears no one can understand due to the complexity of it. I have the financial statement I drew up with the CAB and will be including a copy of this with my N244.

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Oh and all mortgage payments are up to date even prior to the order and the payment plan set up with them directly.

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See if you can get CAB onboard to help getting at least a delay in possession. Some CAB offices have Solicitors that are willing to volunteer to help. I note that CAB are already involved, but they are dealing with a large case load, so make sure they are fully onboard, if they can help.

 

I tried to look online about this situation and It appears that some Housing Associations are not very flexible, not willing to wait too long before taking possession. I would be surprised if they have made a mistake with their application to the court, as they will do this on a regular basis.

 

Have you spoken to your local council authority housing people about your situation ? Might be wise to do so, as they may have details of other help organisations and they will need to be aware of when you might need urgent housing.


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I have a case worker at CAB that I'm due to speak with today.

 

Yes my housing association are particularly hard nosed and quite unreasonable with everything. The rent arrears are minimal and can't see why a payment plan would not be accepted but well they weren't willing to discuss anything and ignored correspondence from the CAB.

 

I've made a homeless application to the council but as we all know the response time is approx 33 days and don't have that long.

 

Thanks for all your help unclebulgaria67

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I've just spoken to the mortgage co. The current arrears on the mortgage are just over £600 and rent just over 2k (includes more legal fees) but the suspended possession order from November 14 states 15k! I have asked for a break down of this which she will callback once found out and I want it in writing. Not sure if this is correct but I seem to have read somewhere that they cannot include their highly inflated charges in a repossession? Does anyone know..

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