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Chilli501

Halifax eviction for the third time - 28th november 2018

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Ive just got the eviction date. Its 31 may

 

Im worried now!

 

What should i do? I know i need to get the N244 in but is there any way i can get it suspended?

 

Cn i say the account is in dispute as i think most if not all of the arrears are charges etc?

 

Their solicitors have said that they will take £1600 to stop the action but where the hell will i get that kind of money?!!

 

I can pay cmp plus £75 extra. Total is around £415pm

 

The problem is that ive had a suspended possession order with the mortgage since june 2011 which has slipped, due to a lot of serious family illness. Including me being diagnosed with a serious life long illness which has a big impact on concentration and short term memory and also severe pain and fatigue.

 

Ive got two kids in the house aged 4 and 6

 

Can anybody tell me what is should do?

 

Im going to try and pay off as much as i can before the court date but apart from that and the N244 i dont know what else i can do.....

 

Ive missed several payments but the payments i have maade have always been the cmp and extra off the arrears

 

Hi. Ive had a suspended repossession order on the house since june 2011.

 

I fell into arrears as i took on my 2 grandchildren and had to leave work. that was in 2008. Before that i wasnt in arrears.

 

Since the suspended repo order i have fallen into arrears again.

 

Ive missed several payments although the payments i made were in line with the judges decision and i was paying the cmp of £271 plus £50 towards the arrears.

 

Last month my mortgage payments rose to £323 plus £50 towards the arrears which i can pay.

 

Today i received the eviction date of may 31st. I would like to come to an arrangement with them but need to know how likely it is that i can stop this eviction?

 

Halifax say that the arrears are £6051 but i know that most of this is charges and solicitors fees etc.

 

I am in the process of claiming back the PPI on the mortgage and also the arrears but this is not going to help right now.

 

I need to find £1600 to stop the action but i dont know how much of that is charges etc as that is all they would say on the phone.

 

Can i say that the account is in dispute because of the PPIand excessive charges?

 

I know i need to fill in an N244 but is there anything else i can do?

 

I had a problem with the repayments before but i can pay now. Im also going to try to make as many payments as i can in the meantime.

 

I also have a problem with Ocean Money and they are doing the same thing although i dont have a solicitors letter just yet so i need to get that sorted too.

 

I did have an idea but i dont think its very likely? Ocean is a secured loan on my house. The loan amount totals £21000, which included a brokers fee and also the PPI. I had to borrow an extra £8000 to clear my original debt with them so i know that they have rolled my original PPI into this loan. I actually asked for £10000.

 

My idea is, is ere a chance that the halifax will let me remortgage, combining the original mortgage and the loan? That way the apyment should be lower meaning that i can pay more off the arrears.

 

How likely is it that the judge would allow me to capitalise the arrears?

 

The mortgage is for £93k and the house is worth £175k so i have plenty of equity in the house.

 

Would the judge take into consideration the fact that the fees are excessive and that there is PPI included?

 

Im really worried that im going to lose my home.

I took on my grandchildreen in 2008 and thats what screwed everything up.

I had no arrears before then.

 

The children have quite severe emotional and behavioural issues because of what they went through before they came to live with us.

They were neglected and were at risk of physical abuse.

They need stability and a lot of care.

Losing their home could set their "recovery" back.

Would the judge take this into consideration?

 

I was also diagnosed with fibromyalgia in february, which means i am disabled and i am in the process of applying for DLA.

 

Sorry, im using an ipad and its not the same as anormalq computer for some reason...

 

Would any of this help me keep my home?

Im sure that if i had the chance i could sort this out, if i only knew where to start.

 

Who should i be talking to?

I dont really want to waste any time.

 

i dont have a printer so everything has to be written out by hand.

 

Im really grateful for any help you can give me.

Edited by dx100uk
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Hi Chilli - I am not an expert, but have read your complicated story! I do know a bit about mortgages and I think it is very unlikely that Halifax would let you take on any more debt with them since they will see you as being a 'risk'. I know that is ridiculous with the amount of equity you have, but that is how lenders think!

 

If you have taken on your grandchildren is that a formal arrangement? Are you receiving their child benefit for example, and support from the local authority?

 

Your arrears situation does not sound too desperate at the moment, but obviously the judge will need to see that you are going to be able to service the loan in the future.

 

My own limited experience suggests that judges are sympathetic in most cases and they are happier if there is plenty of equity, so I would think you have a good chance of defending your case, but you do need to get your ducks in a row as regards income and expenditure so that you can produce a good case.

 

PS the arrears should not include solicitors' fees or charges. Are you certain that they do? The Halifax ought to be too well organised to be including those charges when they know they are not to be included in arrears.

 

Ell-en is the one to help you with the forms, etc., but are you able to do a schedule of your income and expenditure in the meantime as this will help.

Edited by BornThisWay

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Hi born

 

To answer your questions

 

Yes i have a formal arrangement with the boys, i get guardians allowance, ct and wtc and child benefit. Im in the process of claiming dla so will possibly ge that too. There is also my partners wage but the mortgage and loan are in just my name as they were taken out before we got together

 

I have sar,d the halifax and it does show solicitors fees etc. Can i not claim them?

 

Would you like me to post a simple income and expenditure form on here or just get one ready? I do have some spare cash but i have ct arrears and utilities etc as well s a couple of payday loans.

 

Ive been so stupid! Ive managed to stop the repssessions in the past by paying the arrears using ash borrowed from my family. Ive managed to get us in a real mess. Its not that i didnt hae the money to pay, its been a really awful year with both my parents having heartnattacks, my sister getting cance, me being diagnosed and my daughter losing a baby. My head really hasnt been in the right place but ive come off some medication that i realised was making me suicidal and unable to cope and now im determined to get my life sorted

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Hi there, I can help you with the N244 application to stop eviction, but we have some work to do and fairly quickly as you should try and get the application into court by Friday.

 

You say you don't have a printer - is there a library near you that you could go to to print stuff out ?


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Thank you ell-enn. My mum said i can borrow her printer so thats one thing sorted. Now i just need some paper.

 

Im prepared to do whatever needs to be done. What do you want me to do?

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Firstly, fill in the affixed budget sheet (it calculates automatically as you fill it in), you will need this to affix to the N244 so the judge can see how you will afford the payments going forward.

 

Let me know when you have completed it and we'll go from there. If there's anything you're not sure of when filling it in just ask.

Budget Sheet.xls


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When i worked it out recently it showed that i can afford to round the payment to £425. The CMP is £335 so ther would be £90 off the arrears.

 

I have an arrangement with most other creditors apart from the payday loans but im going to write and make an offer to them.

 

I can print the i+e from out and get it filled in but doesnt help on here so im going to keep trying to find a way to open it.

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The spreadsheets will work in OpenOffice.

 

There is a version of OpenOffice for the iPad here

 

https://www.rollapp.com/OpenOffice

 

Its a Beta version but may well be worth you trying it


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Hi.

 

Im still having a lot of trouble opening the spreadsheets but im going to go to the library and do it there, ill print them out there also as although i can borrow a printer, i dont know how to connect it to th ipad.

 

Could anyone help me with the cover letter and statement? I will write it out and take it to the library to redo on the computer.

 

I can get this in tomorrow if i know what i need to do

 

Ive done a simple budget sheet which shows that i can give both the mortgage and the secured loan an extra £125 on top of the cmp

 

I have received a solicitors letter from TLT stating that i owe £5440.

 

I can pay around £350 more towards the arrears before the eviction on 31/05/12

 

There is 17 years and 2 months left on the mortgage

 

Both mortgage and loan are in just my name.

 

I have been diagnosed with an illness that causes severe pain, fatigue, memory problems and concentration, sleep problems, depression etc.

Would it be worth me getting some info from the NHS website to show this?

 

I have a letter stating i have Fibromyalgia and depression from the doctor but it doesnt go into detail.

Would it be worth taking this and the info to court.

Would the judge even take it into consideration?

 

It is the mortgate that have given me the eviction date although the loan isnt far behind.

 

Sorry for all the questions, the damn illness affects my thought processes so i can completely lose my train of thought!

 

I apologise now if i ask the same questions.

I need to get them down while they are in my head.

 

Ive been looking at the success stories on here and its given me some hope.

The thing im most worried about is that because ive had arrangements before that ive not kept up, that they will just decide they want the house and thats it.

 

Is there anything else i can tell you?

 

Im really grateful for all the help.

Im prepared to put the effort in to save my house and will your kind help, i will

 

There are 2 small children in the house

Edited by dx100uk
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chilli - would it be worth you ringing the Citizens Advice Bureau for an emergency appointment - explain you have an eviction date, and that while you have sought help on here you are having all the technical problems outlined above.

 

They will have printers etc that you can use and if you have a written format you could perhaps transfer it onto their system. Quite frankly defending an eviction is hard enough on its own without you struggling with technology when you are not well!!

 

However much help you get on here I feel you need someone to actually give you some hands on assistance and that is what the CAB are there for. However you must impress on them the urgency of the matter otherwise you will not be able to get all this done in time.

 

Your witness statement should certainly contain details of your condition - my heart goes out to you because you have taken so much on while suffering from ill health yourself. I am sure the judge will be sympathetic but you do need to make sure that you present your case properly and give a clear plan for repaying the money.

 

Mortgage companies make me sick actually. They have no compasssion even though, as in this case, there is plenty of equity and their precious money is not at risk at this stage. I do hope you can make them look like the money grabbing **** they are when you go to court! :)

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Thankyou born

 

I must admit that im sat here and i have tears in my eyes. Im so tired that i feel like giving up. I wont though. Im not in a position to work at the moment but that may change in the future, if i mange to get my condition under control. At the moment i dont think ill ever work again so this house is all ill ever have and ill be damned if they are going to take it from me without a fight!

 

I dont think theres anything wrong with the computer, its just me being a bit slow lol. I cant get to grips with the ipad thats all.

 

I really dont mind doing all the work if i hae trouble getting an appointment at th cab. It shouldnt take me too long at the library. I just need to understand how to word things to give me the best chance.

 

Should i write to the mortgage with an offer? I can do that right now and get it off this afternoon. I can also email them the same offer.

 

As i understand it, i need to fill in an N244, do a budget sheet and write a cover letter explaining the situation at the moment and get this to court by friday soni hae chance of a hearing before the eviction date.

 

Is there any way i can buy some time with the morgtage company? Im not sure ive figured this right but does my offer come under norgan (is that right? I know it but my mind has gone blank again!)

 

Thanks again for your help Born. Your caring attitude means something, especially when my partner isnt supportive. He just says let them take it. Easy for him to say, its not his house!

 

Chilli

 

Ill definitely give the CAB a ring though.

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Chilli to answer your points as best I can - yes, I would make the offer in writing to your mortgage company but unfortunately you are running out of time. Mortgage companies seem not to bother to answer letters quickly even if you have an eviction looming, so you cannot rely on them doing anything in the timescale, let alone actually accepting your offer. But I think it does help when you see the Judge to be able to show that you have been in contact with your lender.

 

The Norgan case you mention is the concept of being allowed to pay arrears back over the term of the loan. Lenders always push for more, and you may feel compelled to offer more, but Judges do use that as a guide.

 

The N244 is your challenge to the eviction and as you say, needs to be completed and taken to your local County Court so that you can get a hearing to stop the eviction. I have read on this site that sometimes this can be as close as a couple of hours before the scheduled eviction time/date, but hopefully they can fit you in early next week.

 

I hope the CAB can help you. It is very hard dealing with all this on your own - I know, I have had to do it myself! The fact that you have small children to care for will count in your favour, as will the fact that you can demonstrate that you can afford to pay back something off the arrears.

 

Try not to worry too much. Judges do not want to throw people out of their homes unless everything has been tried. Lenders simply put your details into the computer and if you have arrears will periodically see if they can get rid of you. However the final decision is with the judge and if you can put forward your case then I am sure you will be fine. These really are fairly modest arrears.

 

BTW don't waste a moment worrying about the payday loans. They will hustle and bustle but at the end of the day the worst they can do is get a CCJ against you, and even that is very unlikely as explaining their loan shark interest rates to a judge is embarrassing for them. Just ignore them and put all spare cash into the mortgage.

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Thankyou again born. I actually have a local branch so was thinking of covering all bases by emailing them, posting a copy and handing one in. Ill get some kind of signature or proff that ive hand delivered

 

As im starting a PPI claim and mortgage arrears charges, could i say that the account is in dispute or that i believe that the arrears do not reflect the true cost of how much i actually owe?

 

Im trying to get the cover letter/witness statement written so that i can get it copied and printed. I can get it handed in by tomorrow evening,

 

would it matter if it was handwritten? I can get the N244 from my local court and can scan and print on my computer so i can get all the copies together. I could even hand write it, scan it and print it

 

Could i try to use a different spreadsheet? Ill figure out how to print from the ipad eventually but at least i have an option to do it that way.

Im lucky in that i have neat and easy to read writing.

 

Im still not sure how to word my cover letter/witness statement. Is there a template i could adapt to my own use?

 

I know most people are working and i must be patient, its just im sat at home twiddling my thumbs.

 

Any help or advice is gratefully received

 

Chilli

 

Let me know what your thoughts are...

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One of the experts on here will need to tell you if you can claim the account is in dispute - I am afraid I am not too familiar with how that works. I would attach any details you have from the company to your N244 and highlight the charges as the Judge will know they should not be included.

 

I am sure handwritten would be fine but you will need to attach a sheet as the box for your witness statement on the N244 is small and you have a lot of detail to get in.

 

Your budget sheet does not need to be in any particular format - handwritten would be fine, as long as it is neat and clearly set out to show your incomings and outgoings. The one on here is useful as it does all the maths for you, but life existed before computers and handwriting is still okay, as long as it is legible.

 

Your witness statement is just that - your statement. Your original post gives a lot of detail so you could just use that, but simplified down to the basics. Do mention the children of course, and the fact that you are ill, together with your offer to clear the arrears, etc. Judges don't expect that you will be a legal expert, but they are looking to see that you are aware of what has gone wrong, and have a solution to keep your mortgage on track.

 

I know if is frustrating when all the experts are at work. I am at work, but am not very busy, so I am happy to keep 'chatting' with you until they get back!

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I am having real trouble posting as the page keeps crashing on me (I've tried 3 times to give you advice, but it won't stay on the thread)- can you be on line around 7pm tonight and I'll run you through what we need to do - don't worry I can do most of the paperwork for you and you can go to the library and print it out. I am at work at the moment so don't have much time.


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In the meantime have a read of this guide - it shows you examples of what we need to do with the N244 http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession


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Thankyou born, i appreciate your offer. Im sure ill be putting more on here :-)

 

Hi, Ell-enn,

 

Yes i can be on here around 7pm.

It might not be on the dot as ive got the kids to organise but ill only be few minutes if that.

 

I really appreciate your help on this and the fact you can do most of the paperwork really takes a load off my mind.

I would have managed but im so grateful that i dont have to travel around.

Stress makes my condition worse and causes me a lot of pain so im not very mobile today.

 

Im also going to post new threads in the PPI and mortgage arrears forums as i need a formula to work out the PPI interest so i would be grateful for your help there too if thats ok...

 

Ive actually got the letters ready to send for the PPI

Edited by dx100uk
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Chilli, can you open the affixed version of the budget sheet? if so can you use your mum's printer to print off a couple of copies - you can then fill one in by hand (print an extra one in case you make a mistake). Look at page 7 of the guide I gave you the link to, that will show you how to fill the budget sheet in.

Budget Sheet.pdf


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Hi Ell-enn

 

Sorry ive only just got on here. Mum turned up

 

I stll cant open it im afraid. Ill work out how to save and print tonite hopefully otherwhise ill just do it at the library tomorrow. Its just over the road from court so will be able to drop it off as soon as its done

 

Chilli

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Have you read the guide in the link I posted ?


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I'm going to start to draft your statement but need the following info:

 

Is the mortgage only in your name?

How many years are left on the mortgage?

How much are the arrears and do you know if the arrears figure they quote includes charges?

What reason are you going to give the judge for missing the payments?


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Sorry, posts go crossed.

 

Hi Ell-enn

 

Yes, ive read the guide. Its very clear. I can certainly get that printed tomorrow unless i can figure how to print from my ipad. There has got to be a way!

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I'm afraid I don't know anything about I pads - I'm just using a laptop.

 

Can you answer the questions in my last post please


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Yes, my name only

 

17 years 3 months

 

£5440

 

Im not sure if this includes charges im afraid but it looks quite high.

Ive missed 5 payments since june 2011.

Contractual payment of £273 plus £50 towards original arrears.

 

I have recently been diagnosed with an illness affecting short term memory and cognitive processes, also depression.

Am in the process of applying for DLA.

There hes also been a lot of serious illness in my family.

Mum and dad both had heart attacks and mum had heart surgery.

My sister has recently been diagnosed with cancer

My daughter had a miscarriage.

All of this contributed to my depression

 

What i didnt realise is that the medication i was on was having a serious effect and was a major part of me feeling unable to cope.

I am now off that medication and in a much more stable mental state.

 

I look after 2 of my grandsons and have a residence order for them.

They have emotional and behavioural issues due to the neglect and abuse they suffered before they came to live with me.

They are in the process of being assessed for adhd.

 

Sorry, part of my illness is that i get something they call fibrofog which has a drastic effect on my thought processes.

I can completely forget what im talking about half way through a sentence and wont be able to recall it so forgive me if i ask the same thing

 

Chilli

I

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Do you have anything which would prove your medical condition?


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