Halifax/Birmingham Midshires - repeated warrants/eviction/repo attempts **RESOLVED AGAIN**

[WA1306]

Hi Ell-Enn, many thanks for the letter.  Much appreciated. 

 

I was I'll send today as you recommended. 

 

[WA1306]

One more question,  this letter should go to complaint or eviction team?

[dx100uk]

post 103 already refers.

write back directly to the named person who replied to your complaint letter

they know your case

unless ell-enn suggests otherwise

[WA1306]

Thank you,  I have posted the letter to the complaints.

[Ell-enn]

I would have sent it to the eviction team as they are the ones threatening you.................  guess you'll just have to wait and see if complaints pass it on.   You could always email a copy to the eviction team if you have their email add.

[WA1306]

I think I have their email address.  Will email copy to them.

 

If I can't find their email address then I will send copy by post. 

 

Shall I amend l letter to add if they don't capitalize arrears then let me know how much per month I should pay towards arrears based on income and expenditure I sent last month. 

 

Please note currently I am  not paying anything towards arrears. 

[Ell-enn]

I thought you were already paying an amount towards the arrears?   you should always pay something towards them.  They won't capitalize the arrears while you're not paying....  and you are at risk of them applying for eviction which, if you were to defend, the judge would want to know why you haven't paid towards the arrears. You're placing yourself in a very precarious position.   It's not a good idea to stop paying towards the arrears just because you haven't had a response to your letter.

[WA1306]

From January to June this year I paid £500 towards arrears. I was paying £1700 every month.

 

From July until LG last payment in October I am paying £1182 every month.  

 

I think my monthly payment is about £1070. Need to find out exact monthly payment. 

 

I must be paying £50-£60 towards arrears I think.

 

I understand I am in very difficult situation.  Shall I call them tomorrow to not further delay the risk.

[dx100uk]

No do not call them

you are doing ok then

 

take control not let them control you and your money.

 

Dx

[WA1306]

I understand what you are saying but if my case is weak I would prefer to try and come to an agreement before they get the eviction date from court. 

[dx100uk]

Who says your case is weak?

not us.

[Ell-enn]

I thought you had made an offer earlier this year to pay a certain amount towards the arrears? 

 

You say you are currently not paying towards the arrears - why is that ?

[WA1306]

What if I pay £1000 tomorrow morning towards the arrears? Just to bring arrears down and show that I am willing to pay towards arrears?

 

I paid £500 for 6 months towards the arrears.  After 6 months I wanted them to capitalize arrears.

 

I was also slightly struggling to pay 500 every month. I understand I should not have stopped but I made mistake.

 

Shall I pay £1000 tomorrow?

[Ell-enn]

Any payment you make towards the arrears is a positive step.  Going forward you should only offer and then pay what you can comfortably afford each month.  If you keep stopping and starting payments they will keep harassing you.

[WA1306]

Thanks. I have just checked,  monthly payment is £1175.74, for last 4 months I was paying £1182.

 

I will pay £1000 tomorrow morning.

 

What should be my next step for communication? Shall I write another letter to eviction team to inform them I have paid £1000 and offer to pay £100 every month towards arrears moving forward?

 

 

[dx100uk]

paying anything more off the arrears will help enormously 

send a note to the eviction team that you have done this and the £1000 is to come off the arrears figure.

unless you will hit problems in the future? then i'd save £500 back.

 

dx

 

[Ell-enn]

How much are the arrears and how many years are left on the mortgage?

[WA1306]

Hi, arrears are of £12, 364 and about 12 years left on mortgage. 

[Ell-enn]

OK, using the Norgan rule  payments of £100 per month towards the arrears would clear them in the remaining term of the mortgage, but only just - you would need to keep those payments up for 12 years without fail.  However the lender might not be too happy about waiting 12 years and may force your hand by applying for an eviction warrant in which case you'd have to get a hearing before a judge for them to decide.  £200 per month would halve the time it takes to clear arrears.  You have to decide what sum you can afford to maintain for a long period.

[WA1306]

What about capitalising arrears to the balance?

[WA1306]

Hi Ell-enn,

 

I have received notice of eviction letter in the post today dated 22nd November. 

 

I haven't missed any monthly mortgage payment in the past 12 months. Been paying 500 towards the arrears in the last 12 months. Only this month paid 200 towards the arrears .

 

I am very distressed with this letter and can not be homeless with 4 kids, wife and elderly mother. 

 

Can you please help me with defence. I have reduced the arrears from £17000 last year in January when they applied for permission to the court to around £9000.

 

Court granted lender 12 month's time last year in January that expired 27th January this year.

 

Please help

 

[Ell-enn]

If you are complying with the terms of the suspension i.e. paying the arrears each month then I am puzzled as to why they have applied for eviction.  I think you need to speak to them in the morning to ask why they have done this.  We can still get on with the N244 application - what's the eviction date ?

[WA1306]

Hi,

 

There was suspended repossession order granted back in 2009. Since then the arrears were added to the loan. 

 

When I was in arrears again,  they asked the court permission to apply for eviction in January 2019. Court granted this permission for 12 months. I asked the lender to agree on repayment of arrears but they refused on agreeing any amount and demanded to pay full arrears of £17k.

 

Since than i have been paying them towards arrears without any arrangement. 

 

Called them in November last year but they refused to agree on any repayment plan.

Demanding to clear the full arrears. 

 

Now the eviction date has been granted for 26th February. 

 

Do you see any hope in my case?

[Ell-enn]

Given how you have reduced the arrears over the last 12 months I can't see a judge grating eviction.  If you can be online tomorrow we can make a start on the N244 application.  the first thing we should do is write to them stating your offer of monthly payments and letting them know you will be opposing the eviction - I can draft the letter for you if you need me to

[WA1306]

Thanks Ell-enn. I will be online tomorrow.  Please help me with letters.