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Platform Mortgage - Awaiting eviction date


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I need help a.s.a.p !!

 

I have a restored possesion hearing on 6th July.

 

 

I am reading everywhere about entering defence but only got 1 sheet cant locate anything else.

 

we have a 2nd charge for £37000 have arrears of £3100 my husband has gone from 2k a month job to £285.

 

I have today spoken to the company ,

they have taken income and expenditure form.

 

 

I have confirmed I can pay monthly payment for 3 months but no arrears as yet i payment made today, previously was March .

 

 

My husband has a injury claim going through from his old employer so when this is settled would clear arrears.

 

 

We are alos hoping he can get a job soon.

 

Please help what can i do ????

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Hi there, first of all - don't panic, there's always something we can do. You will need to take a statement to the court detailing your offer of payment and also a budget sheet. If we can get it done in the next day or so (I can help you with the statement) you could take it to the court on Friday so the judge will be able to read it before the hearing.

 

A few questions first:

 

1.What happened to the original hearing - why was it adjourned?

2.Who is the lender?

3.How many months arrears are there?

4.Is the mortgage in joint names?

5.Do you have any children?

6.Do you have documentary evidence of your husband's accident claim?

7.Are you in work?

8.Is your husband claiming benefits?

 

Sorry for all the questions, but need to get a full picture before starting to draft the statement for court.

 

Affixed is the budget sheet we normally use, it calculates automatically as you fill it in.

 

Ell

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The original hearing was stopped as arrangement made.

Lender is Kensington mortgage company.

Payments are £411 so over 8 months

The mortgage is in joint names

have 2 children

We have letters from solicitor regarding claim but no figures as yet

I work full time

husband gets jsa.

 

If i pay the arrears off with the help of family would this stop re possesion( not sure if this is an option yet as dont really wnat people knowing )

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If you pay the arrears in full then there can be no claim for possession.

 

Have you had a recent statement from Kensington? they have more than likely added arrears charges to the account so the amount they are claiming as arrears would be wrong.

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I dont . I know they charge us £50 per month for having arrears.

 

I cant find the budget form ? I am really panicking, I know I should of dealt with this early but hoped it would go away.

 

so if I can pay full arrears by monday, I would still go to court but nothing happen ?

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If you pay all the arrears before the hearing date they will have to cancel the hearing (but you would need to phone the court to check they have done that! - lenders have a habit of "forgetting" details like that!)

 

Let me know what you decide to do in case we need to do a statement for the hearing.

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You will both need to be there when you make the call to pay as they will have to speak to the cardholder.

 

Once you have made the payment and they have promised to cancel the hearing you must ring the court and check they have done so. Also make sure you can prove the payment has been made - if it's a debit card your mum uses she should ask the bank for an instant statement showing the payment. Or if she's on internet banking you can print it off.

 

The next thing you need to do is to ask Kensington for a full statement of your account so we can establish what charges they have put on - you can then claim them back. Kensington have recently been fined by the FOS for extortionate arrears charges.

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It always says that on the claim form for possession. If they didn't cancel the hearing and you went along with the proof that the arrears had been paid the judge would give them a right roasting!

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Try not to worry too much, let me know when you have phoned to make the payment - I'm always on line during the day if you need to contact me.

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Did they say they would cancel the hearing?

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  • 2 weeks later...
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  • 6 months later...

Hi there, you need to enter a N244 at court to get a hearing before a judge in order to get eviction stopped. We can help you with this but you need to act fast - the form will need to be taken to court tomorrow in order to get a hearing before Monday.

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  • 1 year later...

Hi can someone please try and answer my question ?

 

 

We had £4800 worth of mortgage arrears ,

 

 

I have managed to pay £2200 off although they are still disputing this as was gift from my mother and they don't seem to want to accept it ,

 

 

I have submitted proposal to clear arreas but they say I have to wait 5 working days to see if accepted ,

 

 

the problem is we already have been to court and got granted a suspended possesion order

but we are going to Visit family abroad for 14 days and I am worried sick that we will come back and the house be repossessed ,

 

 

is there a Time scale the court have to give you when they set a eviction date ???

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It could take a week or perhaps more for a warrant to be issued from when they apply for one. The court bailiffs would then issue the warrant to you giving anything from 7-21 days before eviction date.

 

What date do you return from abroad?

What date did they say you had to wait 5 working days from?

Who is the lender?

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Are you able to telephone them from abroad next week to see what the answer is? Will you have internet access while you are away?

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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