Halifax eviction for the third time - 28th november 2018

[lookinforinfo]

Chilli I just rechecked your old thread and on the 7th September 2015 you said then that you had an interest only mortgage then. usually one takes out an insurance policy to repay the original loan after 25 years to clear the whole debt'

 

Is that what you did , or did you have a different arrangement?

 

Following on from that have you continued to make those monthly repayments? If so it could be worth checking out what value it has now and as the policy

 

would have been in force for over 10 years meaning all the proceeds would be paid to you tax free. It could help to pay off the £8000 though you would need to work out how to repay the current principal.

Edited November 24, 2018 by honeybee13
Paras

[Chilli501]

Unfortunately I have no policy.

The original plan was to do up and sell the house.

A friend has offered to take out a loan to pay the arrears on the proviso I put the house on the market and can repay within 6 months.

This will buy me time.

 

I’m trying to see if there’s a way I can pay her back within that time scale or maybe a year.

It at least gives me breathing space.

I need to talk to the social worker about it all.

[renegadeimp]

for something like that with your friend, he would be better on going through a solicitor so its all above board. because 2-3 months from now, you could have a bust up and he demands payment there and then.

[Chilli501]

Yes definitely!

I would want a contract anyway.

It’s an option worth looking to

 

What about an ivo or debt relief order or something like that?

Edited November 24, 2018 by dx100uk
merge

[BazzaS]

What about an ivo or debt relief order or something like that?

 

Mortgage is secured credit : they lend you the money but it is secured on the property. A DRO won’t help with regard to the (mortgage) secured debt.

[dx100uk]

I have merged and tidied several relevant threads going back to 2012 to give the full story.

[Chilli501]

Thank you.

[Chilli501]

Hi. Quick update.

 

The mortgage has gone through my i & e form with me and the payments plus £100 from the arrears is very affordable.

I have offered them £2000 plus the £100 and contractual payments per month 3 times now.

 

I’ve also spoken to the council,

I’m going on the waiting list and have also applied for a breathing space loan.

 

It won’t be sorted for tomorrow so need to ask for an adjournment?

The mortgages solicitors are surprised that they have refused and aren’t sure why but the mortgagee won’t budge so need to see the judge.

I got everything to the court but had forgotten a form so am going back in a few minutes.

 

I was told that the bailiffs can walk away and set another date if there’s a vulnerable person in the house.

apart from court I think ive covered every base?

Fingers crossed the judge is sympathetic

Edited November 27, 2018 by dx100uk
spacing

[dx100uk]

looking good

just inform the judge what is transpiring at the hearing

 

as for vulnerable etc , if Halifax are aware [they should be!] then let them tell the bailiff. they are operating under their instructions.

[Chilli501]

dx100uk thank you. Do you think I might have some success then?

[lookinforinfo]

I think it is encouraging the way things are going. You have been very positive in the way that you have gone about sorting out the problems which should encourage the Judge. I think DX is right about the vulnerable issues and I think you should emphasize them and about your grandson. The outcome is still in the lap of the Gods so a prayer or two might help. Good luck we are all rooting or you.

[Chilli501]

That gives me hope. Thank you

[Ell-enn]

Hi Chilli - can you give some details of what you have put in your N244 statement ?

When is your hearing ? is it the same day as the eviction supposed to be ?

[Chilli501]

Hi ell-enn

 

I put what you said before but added about my grandson and his mental health and the fact he’s with me because he can’t be at home.

I’ve said just how much he has improved and that any change from the stability he has now will be detrimental to his mental health.

 

I’ve shown my i & e and the fact that I can well afford the payments plus £100 extra pm and also the £2000 off the arrears again.

I’ve explained that the bank has flat out refused as according to them it’s the 5th time.

 

I’ve explained my circumstances are totally different now.

I’ve also explained that on top of the benefits I’m getting now I also have to claim maintenance from both parents (they aren’t together and the father is married) disability benefits for my grandson and also guardians/fostering allowance so my finances should improve even more although I’m not sure how much by?

 

I’ve proved my illnesses and have social services documents for the meetings about my grandson which shows the improvement he has made which is substantial since he came to live with me. I’ve also applied for a breathing space loan which won’t be sorted for tomorrow but would totally clear the arrears.

I need an adjournment for that though.

 

The good thing is I won’t actually be on 5he street.

I’ve been to the council and because of the situation I’m not able to go to a hostel so they have a house empty atm.

It’s temporary and there’s no guarantee I’ll get it but it looks pretty good for both the breathing space loan and also the temporary house.

I’ve just got to see what the judge said.

 

Even the mortgages own solicitors are surprised they won’t accept my offer.

Also, my friend who has offered me the £2000 can actually pay the arrears but only if I put the house on the market almost straight away.

Not my first choice but will certainly help if the worst comes to the worst.

I think I’ve put everything I can on the n244?

Oh, I also said about all the background from before?

 

I’ve spoken to both the bank and solicitors about 6 times making an offer every time so hopefully that should go in my favour too?

I’ve tried so hard to get this sorted

Edited November 27, 2018 by dx100uk
merge/spacing

[Chilli501]

The hearing is 10am tomorrow. The eviction is 12.30 so cutting it fine but I didn’t get that much notice and the time I’ve had I’ve spent on calls, collecting paperwork and trying to see if there’s anything else I can do

[Ell-enn]

Did you set out your statement like the example in the repossession guide and use the Norgan case ?

[Chilli501]

Damn!! I’ve added everything but the flipping Morgan case! I rewrote it first thing this morning as it wasn’t on very good paper and I found some more. I’ve screwed up haven’t I? Can I rewrite it and take it in in the morning? I can’t BELIEVE I’ve done that! I’ve written it several times so I could get it right and KNOW I should have added it too. I could kick myself

[Chilli501]

Hi. Should I rewrite my statement? I’ll need to do it now if that’s the case. Or could I get the duty solicitors to quote it for me? So sorry to ask again but I’m in court at 10

[Ell-enn]

Sorry Chilli, just seen this - left for work early this morning and been in meetings most of the day. How did it go?

[Chilli501]

Hi. Adjourned TIL second week of jan to give chance for the breathing space loan to come through . It gives me a chance to sort some things. I just need to pay contractual payments, no arrears . Thank you for all your help everyone xx

[lookinforinfo]

Oh that is good news Chilli. It keeps you in your home til after Christmas and with what seems a great chance of a permanent stay providing your breathing space loan comes through. You will have to keep on top of that and make sure it is in place by then. Just over a month with a Christmas shutdown is not a long time.

[Chilli501]

Hi. Quick update. Breathing space loan was turned down. Apparently I can’t afford it. I can. I have maintenance from both mum and dad to add plus disability benefits for my grandson and guardians allowance. Been to the council and we won’t be homeless so that’s good. I still have options but want to give myself the best chance of keeping the house?