Halifax eviction for the third time - 28th november 2018

[Chilli501]

Thank you. I do disagree with a fair amount of them.....

 

Hi

Is there any more advice anyone can give me? I REALLY need to get this in to the court today. Would I be able to claim the account is in dispute?

 

I know most people are probably at work but is there anyone?

 

What I have already is the N244. Ex160, prescription, pip assessment letter (I'm waiting for them to arrive at my home now to assess me). I have a gp letter I've misplaced :-/

Edited November 24, 2018 by dx100uk
merge

[Ell-enn]

You need to get the N244 to the court if you are to get a hearing before Monday

[SabreSheep]

An account will not formally be in dispute unless you lodge a formal written complaint and then refer it to fos or start court action on the reclaiming.

 

If you have all the statements then you might be able to use the figures to your advantage

[caro]

Bear in mind that the charges don't alter the amount of arrears. So say you've missed 5 payments and 5 penalty charges are added, then you reclaim the charges, that won't change the amount of the arrears. You'll still have missed 5 payments. It does make a difference to the total amount of the mortgage that's outstanding.

[Chilli501]

Thanks guys.

I'm on my way to court in a few minutes to put in the N244 and supporting documents.

I'm just waiting for my lift now.

I'm terrified as I'm agoraphobic but what else can I do but go? Life will be a whole lot worse if I don't even try...

 

Sabretooth, that's what I was thinking.

It doesn't help me right at this moment but may in the future.

 

Something along the lines of when I have claimed ppi and am successful, then I have to be put into the position that I would have been in had I not taken out the ppi in the first place.

This could actually wipe the arrears in itself?

 

Also the charges, again if I'm successful there I could ask them to credit my account with the sum agreed and again hopefully this would wipe the arrears?

What do you think?

 

I realise this will take time but I've successfully reclaimed bank charges using this site so I know I can do it again .

If this is the way to go I can have the letters ready to go recorded delivery by the weekend.

..thanks again for everyone's help,

it's SO appreciated

[colin11]

Hope it goes well for you

[Mr.P]

Thanks guys. I'm on my way to court in a few minutes [...] I'm terrified as I'm agoraphobic but what else can I do but go?

 

Another "hope it goes well", and have a

[Chilli501]

Thanks guys.

Got a hearing in front of the judge at 10am tomorrow.

I'll let you know how it goes.

 

In the mean time, is there anything else I can do? I'm now waiting to hear the outcome of my pip assessment I had on Tuesday.

If I get this, it will be backdated all the way back to June 2013!

I'll be able to pay a substantial amount off the arrears.

 

I'm also in the process of letter writing to claim ppi and charges from reliance, charges from cap one, time retail, b&q store card, Halifax mortgage ppi, arrears charges, bank charges and credit card charges.

 

I'll take my time and won't do them all at once tho.

I'll start with reliance ppi and charges and possibly halifax mortgage ppi.

Anyway, that's for another section lol.

[caro]

Try and get there a bit early and ask if there's a duty solicitor there who can help you.

 

Also make a few notes with bullet points of anything you want to say so you don't have to worry about forgetting anything.

 

Remember that loads of caggers have found that judges really don't want to evict people.

 

Good luck and let us know how it goes.

[Chilli501]

I got a six week adjournment to give pip to say if I've been awarded it.

If so, everything's fine.

 

If I don't get it, then I have to leave as I can't afford to stay.

I've got so many memories here, not least of the daughter who died.

She lived here all her life just about and I've been here over half of mine.

Hard, but I can live with that.

 

What I can't live with is losing the 40 odd chickens I know by name, the 5 cats, 3 of which were presents form my daughter and my beloved rescue Akita Hugo, my companion. That will destroy me.

 

The mortgage is £96k (they are ok with me), £26k on the loan who are chasing me (one savings) and the house is worth a minimum of £175k, although it does need some work.

 

I either wait and hope they don't take the house as if they do they will probably sell for 2/3 of the value which wipes any equity I have, or sell ASAP and keep any equity.

I'm completely torn.

 

If I get pip, I will get back pay from June 2013 up to present day which will be a minimum of around £1500.

The judge ordered any back pay to be paid to the loan.

I'm happy with that.

It could wipe the arrears totally depending on the level of award.

 

Obviously I can't rely on that but they seem to think I have a pretty good chance of being awarded pip so I'll have to see how that goes.

The decision should take 2-6 weeks so I'll know soon and I intend to push them like crazy!

I'm on the housing list too so that's that.

 

I'm gonna get a letter sent off for ppi from one savings too and get that ball rolling.

I'm also going to pay every penny I can off the arrears in the next 6 weeks.

If I can make substantial impact into the arrears maybe that would make a difference?

I don't know what else I can do.....

Edited November 24, 2018 by dx100uk
merge

[Mr.P]

I'm gonna get a letter sent off for ppi from one savings too and get that ball rolling.

 

It might also be worth getting a breakdown of all the charges applied to the account (do this in a separate letter). I dare say some will be recoverable, but until you have a detailed list, it is difficult to know.

[Chilli501]

Shall I sar them?

Edited November 24, 2018 by dx100uk
merge

[Mr.P]

Shall I sar them?

 

If you have the £10 to spare, it may well be worth the expense. You've got the weekend to work on the request, so I'd suggest waiting to see what the regulars have to say.

[caro]

Well at least you have breathing space. Yes send a sar ASAP as they have 40 days to respond so could be virtually the full 6 weeks.

 

I have to agree you would definitely be best to sell the house yourself if you can and if you have to. If you put it on the market you may be given longer.

[Chilli501]

I've been onto ATOS to update them with the situation and tell them I need a decision ASAP.

The lady was shocked when she saw that it had been audited already?

Is that a good thing?

 

Thanks Caro and mr p

 

Ive been trying to work out how many points I will get allocated towards a council property too

. I think I need to give my brain a rest for a while :-/

 

I just wanted to give you a quick update.

The court was adjourned until 13/08/15.

I have to prove to the court that I have enough funds going into the house to pay for it.

it was adjourned so that I could wait for the decision on my pip claim.

The judge also ruled that I pay off the arrears on the loan or at least a substantial part of it with any back pay I get if I'm awarded pip.

 

I've applied for a breathing space loan.

This can be up to £15,000..

It would pay all the arrears on both the mortgage and the loan and also pay the cmp loan payments for up to a year.

The loan would have to be paid back in 3 years but it gives me time to sort somethin out.

 

I've also been on to pip every other day since I had my assessment on 23/06.

They received the report on 26/06 and have given themselves a time limit of 03/07 to deal with my claim.

I had my assessment on Tuesday last weekend they had the report by Friday!

 

I called them today and they received a letter I had sent from my gp on 24/06.

They received it yesterday so need to give that to the decision maker.

 

If I'm awarded medium rate care I can stay in my home. If not, I have to sell.

I've been advised to put it up for sale now but it's in no state to sell at the moment so I don't want to do that unless I have to.

The risk is if I don't get pip and they are awarded possession.

I'll lose any equity I have when they sell my house at auction as they will probably only get 2/3 of what it's worth.

I desperately want to stay here but it all depends on pip decision.....

 

I'm so anxious.

I can't eat or sleep.

I have gastritis and other problems that are made much worse by stress so I'm not having the best of times at the moment as I'm constantly nauseous or vomiting.

 

I just wish they would hurry up and decide so I know what's going on and can deal with it.

The only good thing is that if I'm made to sell, it's a perfect family home with q large garden etc so should go easily.

I put a conservative price on the house of £175k but a neighbor over the road reckons it's more like £200,000.

I owe the mortgage £96k and the loan £26k so after they are paid I'll have £53k-£78k!

 

I love this place with all my heart but if it comes to the crunch and I have to leave I can at least look after myself for a while.

I could even buy another house with it but I wouldn't get one around this area for that and I definitely wouldn't get another mortgage!

 

What should I do?

I need to do a fair amount of work in the house to get the best price....

Edited November 24, 2018 by dx100uk
merge

[caro]

How much less do you think you might get if you leave the house as it is, and how much do you think it might cost for repairs?

 

I'm wondering if the extra cost and stress involved makes it worth doing or if you can spruce it up with minimal cost to make it more saleable.

 

I know you don't want to move but maybe it would be worth it so you can live a happier debt and stress free life.

[Chilli501]

The roof desperately needs doing, all the walls need skimming and the whole place needs decorating. I would probably lose around £20,000? I could get away without skimming the walls but all the plaster has blown and you can't put anything in the wall as it just crumbles.

 

It breaks my heart to think I may have to leave here. It's been my home for 25 yearsi have all the memories of the daughter I lost here too.

I could probably cope with losing the house but I just CAN'T lose my animals!!

I can cut down on my chickens but I can't rehome my dog and cats.

I live for my animals.

They are all they have.

 

I risk being put in a flat somewhere too and I won't have a garden....

 

I'm so confused as to what to do but I know that I desperately want to stay.

I'll know what I have to do when I get my decision on pip.

It's driving me crazy waiting but they gave themselves a time limit of July 3rd to get it sorted which is tomorrow so I'll ring them in the afternoon and see if they have a decision yet. That's all I can do. I suffer with anxiety and that and symptoms of other illnesses I have are much worse due to the stress of it all

 

If I could afford another house or get another mortgage I could be interested in another home but I'm a single disabled person and I know the council will put me in a flat as that's what they have for single people around here. I NEED a garden. My hens are my therapy and they are what gets me through the day. I love watching them, they all have such different personalities .

 

The only other thing I could do is move away from the area but that means leaving my family behind.

Or I could look in the auctions and see whats available there....

Damn, I wish they would HURRY UP so I know what's going on.

I can't do anything until then :-/

 

The repairs I would say £2000 absolute maximum to get this place looking great

I'm going to apply for a budgeting loan tomorrow so that will help somewhat with the costs.

I can get up to £348.

I've also gone for a breathing space loan.

 

I can have a maximum of £15k and it would be used to clear all the arrears on the mortgage and the loan and also pay the loan payments for up to 12 months.

It has to be paid back in 3 years but it would give me time to sort myself out and to be honest, if I get medium rate care, I'll have enough to pay the loan each month.

I could possibly pay some of the breathing space loan off that way?

 

Anyone?

[caro]

Only you can decide what you need to do. I'm not at all convinced that borrowing more is the way forward, especially when you don't really know what income you will have coming in. If you borrow £15k now to help pay for the next 12 months payments, what extra income do you expect to be able pay the new loan off in 3 years? You say that if you get PIP you can afford the payments so why borrow the loan?

 

 

If you want to be able to keep your animals and chickens then maybe you'd be better looking at renting somewhere privately.

 

 

I realise you're feeling understandably stressed, but you either need to take a long hard look at your circumstances and make some decisions that you are in control of, or you risk events taking over and having no choices.

 

 

This may sound harsh, but it's also true.

[caro]

Have you sent a SAR yet?

[BornThisWay]

Chilli I just wanted to say that I totally understand your concerns regarding your animals.

 

 

Since 2009 I have faced eviction, I think, about 8 times. I have been to court each time to fight it and fortunately won. My lenders, Accord, were incredibly aggressive, even though I was never more than 5 months in arrears.

 

 

All during that time my greatest fear was for my rescued animals - cats, guinea pigs and rabbits.

 

 

I could sleep in the street...........but my heart ached over what would happen to them. Like you I am single and I cannot tell you how many sleepless nights I have had. One eviction was for 23rd December and had the judge not sympathised with me the animals and I could have been homeless for Christmas. I simply cannot bear to even think about it.

 

 

I have now paid off the arrears, but thinking about that horrible time still fills me with dread.

 

 

Hopefully you will be able to stay but if not I might be able to guide your hand as to organisations who can help with the animals.

 

 

Keeping my fingers crossed for you.

[Chilli501]

Thank you bornthisway. That would be really helpful.

 

Caro, I fully realise this probably won't go my way although I'll do everything I can to prevent the eviction.

My thoughts behind the loan was that it would give me some time to do the necessary repairs etc around the house and put it up for sale in my own time if I need to

If I get standard rate care pip then I will have more than enough coming in to pay the payments on the loan and an amount towards the arrears.

Once I know what pip have decided, I can either relax or try and get this place as ready as possible to sell in the next 6 weeks if I don't get the breathing space loan/pip.

I can look into renting privately but I think I'll find it difficult as most landlords around here don't want people on benefits :-/

 

Chilli I just wanted to say that I totally understand your concerns regarding your animals.

 

Since 2009 I have faced eviction, I think, about 8 times. I have been to court each time to fight it and fortunately won. My lenders, Accord, were incredibly aggressive, even though I was never more than 5 months in arrears

All during that time my greatest fear was for my rescued animals - cats, guinea pigs and rabbits.

 

I could sleep in the street...........but my heart ached over what would happen to them. Like you I am single and I cannot tell you how many sleepless nights I have had. One eviction was for 23rd December and had the judge not sympathised with me the animals and I could have been homeless for Christmas. I simply cannot bear to even think about it.

 

I have now paid off the arrears, but thinking about that horrible time still fills me with dread.

 

Hopefully you will be able to stay but if not I might be able to guide your hand as to organisations who can help with the animals.

 

Keeping my fingers crossed for you.

 

Thank you bornthisway.

That would be so helpful! It's killing me to think I'll have to rehome the animals.

2 of my cats were presents from my daughter who died.

My dog is my best friend. He's a rescue dog and I don't know what I would do without him. X

 

If I don't get pip but do get the breathing space loan, it will pay the arrears on the loan and the payments for up to 12 months.

This again gives me time to get the house ready to sell.

It's been somewhat neglected over the last 10 years and desperately needs a spruce up.

I'll seek the house then and pay the loan back that way.

It just gives me some time and gets the loan company off my back...

If I do get pip, I might not get the loan after all as I can still pay the payments and the arrears so wouldn't really need it...

 

Sell*

 

The sar is ready to go but I have to wait a few days to be able to pay the postage :-/.

Yep, I'm that skint!

[caro]

Fair enough chilli. You have to do what is right for you, and you know best what is right for you, but I just wanted you to consider if there may be other options. Sometimes when you have problems it can be hard to see the wood for the trees and outsiders might see other choices. The important thing is that you have control over your own life and i hope that you know that cag will support you whatever you decide and help you to keep that control.

 

I'm a huge dog lover and completely understand the importance of pets. Until she went into hospital and then a nursing home my mum always had a dog, even when very disabled and me and my family looked after her last poodle when the time came. Poppy lived a few years after mum died, and I was always grateful to her that she was such a wonderful companion to mum in her last years. I was devastated when we lost her too.

[Chilli501]

Thanks Caro.

I'm glad to report good news.

I've been awarded standard rate care and standard rate mobility!

The house is safe, I can pay the arrears and have some essential work like the roof done.

The payments going ahead will be paid with pip and there will be a small amount left over.

I'm ecstatic!

Thanks so much for everyone's help!!

 

Do I need to let anyone know?

Is there anything else I can claim?

I'm on a roll now! Lol.

 

It's been a really tough 7 years, especially losing my daughter and I'm not unscathed that's for sure but hopefully things will get better now!

I've just been informed that I'm going to be a gran for the 4th time and after 3 boys, it's a girl!

I'm overjoyed lol.

For once In my life I can get the little mite something nice

[BornThisWay]

Forgive my complete ignorance of benefits Chilli. Does this mean that the entire amount of your mortgage will be paid for you going forward?

 

 

You say it will be backdated, will that be sufficient to reduce the arrears to a level where your lender/s will leave you alone?

 

 

Will you have enough to live on going forward? Like you I was in the position of having put every Penny into the mortgage so if the lender did repossess and sell it would have achieved well below market value as so much work needed doing!

 

 

All I seem to read is of sickness benefits being cut, but I am delighted things have gone your way.

[Chilli501]

Thank you:-).

 

I have to pay the mortgage payments but I couldn't do that unless I got pip as I just didn't have the funds coming in.

The pip I get will cover the monthly payments going forwards and I have several thousand in back pay that will pay the arrears and still leave me enough to do some urgent work on the house.

 

I'm absolutely ecstatic!

Obviously this is only going to last while I get pip and I'll still have to go through renewal etc.

But for now I can breathe again .

 

I'm very lucky in that I have around £50k (conservative estimate, according to a neighbor) equity in the house so I would have been ok financially.

Its all my animals, and I have a few!

 

I can't tell you how pleased I am.

Normally I'm up this time and stressed already but I'm only awake today coz the dog woke me :-/.

Did you lose your home then bornthisway?

Edited November 24, 2018 by dx100uk
merge