Halifax eviction notice ***Success***

[Tash1990]

Ok will do will let you no hun if they cnt do hearing without payment I'm gonna ask if I call up Friday can they do me hearing Friday or I can pay when I arrive that's if they will let me if not I'll borrow money but dnt really wont to if u no what I mean 

[Ell-enn]

I guess you'll have to do whatever doesn't delay a hearing - you really don't want to have it on the day eviction is supposed to take place - it would be better if you could get it this week.

[Tash1990]

Ok thanks 

 

Hi Ellen phoned the court paid the fee got to wait for phone call tomorrow for a hearing date they said it will be before eviction date just hope it's all worth it now fingers crossed but nervous now x

[Ell-enn]

OK,  let me know when you get the hearing date.  When they phone you tomorrow ask them if there are any duty legal advisers at court on the day of your hearing.  A lot of courts have them and they can accompany you into the hearing and support your case.

[Tash1990]

I'm just hoping the judge will see that we have tried to come to an agreement but Halifax ain't being helpful and he see we can keep up with payments

 

just want to feel I'm secure in my own home instead of sitting here wondering if we still gonna be here next week and my kids will still have a roof over their heads xx

 

ok I will do the last time we went to court there was someone from citizens advice there so hopefully they will be there again did by get tin see him last time by the time we went it but turned out ok the first court hearing for the original spo so hopefully it will this time

[Ell-enn]

I'm sure you will be ok.  Does your partner look after the children when you are at work?  (just asking in case it's something the judge wants to know)

[Tash1990]

Also I'm  sure on the warrant says something about If the judge thinks after he has looked at the application for a hearing there is a case he will grant a hearing if he didnt think there  is a case he will not so that's made me more postive in a way

 

I'm not doing this again

if we win gonna keep checking my bank to make sure payments have been made and if it will be calling the same day to make payments as there is no way I can go through this again

Yes he does hes the stay at home parent to save on childcare costs 

 

I kwno you have helped so many ppl on hear in worst cases than mine and its probably not gonna come to us being evicted  but regardless of the outcome I want to thank you for all your help as I wouldn't no where to start with all this xx you've kept me feeling positive and have been someone to talk to also will let you know when the hearing is and I'm hopeful we will win 

 

Will that effect the case if my partner dnt work even tho I'm willing to pay as he is my partner 

[Ell-enn]

No it shouldn't affect your case - sometimes the judge just likes to know the family set-up.   It's the ability to pay that they make their judgement on and you can pay - so you'll be OK  

 

Thank you for your kind words - happy to help and support anyone in this situation, mortgage lenders need a good kicking every now and again and if I can help to do it then I'm happy

 

I'm here if you need to keep talking until the hearing  - always willing to listen.

[Tash1990]

Okay hun thanks its ok hun u may have helped me save my kids home that's all that matters If it weren't for you dnt think I'd of got this far never mind being evicted now I've a very good chance if saving my home with ur help so a lot to thankyou for x

[Will Goodfellow]

1 hour ago, Tash1990 said:

I'm just hoping the judge will see that we have tried to come to an agreement but Halifax ain't being helpful and he see we can keep up with payments...

 

Halifax probably agreed to the suspended possession order so have been helpful. To be realisitic, you haven't shown that you can keep up with payments as you fell behind instalments on the suspended possession order. What you have shown is that you are willing to catch up with arrears when threatened with eviction, that is why Halifax is not being co-operative as you have already broken one agreement.

 

Don't be surprised if the judge asks you to explain why you did not meet payments on the SPO. I don't think that you will be evicted but you will still be on a suspended possession order and if you miss one more payment, it's likely that you will be evicted next time. You need to make those payments as an absolute priority. Good luck.

[Tash1990]

Its not that I didn't want to pay

it's just that for them 2 months I couldn't afford it due to me being in maternity leave

 

I was getting 145 weekly from work and 103 tax credits weekly

by the time my direct dentist were paid and due to payments being made earlier by the bank I got back into arrears

 

it wasn't intentional and did pay something each month and also made dates to arrange to pay something but Halifax still pressed for eviction even though they knew my circumstances which I think was unfair

 

it's not like I have just left the situation and not been amicable with them

they just didint wont to seem to help us

 

that's just my opinion

I have written to them with an offer and they have declined in writing

they have also been very rude to me during phone calls  

I have put a complaint to the ombudsman which is currently being looked into

 

just think if Halifax would have been a but more understanding they would have seen that it wasnt a permanent thing and was going back to work April but just seem to be impatient just by opinion

 

I'm just going to explain to the judge MY circumstances at the time and what's improved

like I've gone back to work full time now and in a better position to pay now plus extra and its was down to my income being greatly reduced and errors with my bank payments

 

Its not like I haven't shown I didnt want to pay I've always told them I want to pay and stressed about not wanting to lose the house because if my 2 children and they down show no sympathy at all

 

hopefully the judge will see I've tried to correct it and now I'm more than abje to afford what I'm offering so fingers crossed he will resuspend and I cant lose my home

 

it's my livelihood and all i work for and also its where my eldest has grown up and knows as his hone he is settled and making friends and nursery he also starts reception at the local school on the estate where he is now in September so would be horrible tmtryong to find him a place elsewhere 

 

Dont worry they will be priority that's for sure gonna be checking bank 28th of every month to make sure it's gone out if not will be calling Halifax to pay over phone in the day so dnt worry biut that wont be falling into this mess again. 

 

[Ell-enn]

Don't distress yourself by going over it all again in response to another's post.  People get into arrears for all sorts of reasons, reduced income being the main one - you've not been irresponsible just unlucky with the situation you were in.  Judges are more understanding than you think.

[Tash1990]

Ok Ellen I no that like I said if it weren't for u i would be were i was I'm confident  but post like this make u feel like ur going round and round in circles and there is no way out 

[Will Goodfellow]

What you should not do is turn up at a hearing blaming Halifax for wanting to repossess your home when it is you who is in arrears with the mortgage and missed instalments on the SPO. A landlord would be eviciting you at this point without a doubt, would you then blame the landlord for wanting to evict an unreliable tenant?

 

Take some responsibility and focus on the fact that your finances hit a rough patch and prove you can continue to pay, ranting on about the ombudsman in court will not do you any favours.

[Ell-enn]

Do you really think your posts are helping ?

[Will Goodfellow]

Apologies if it sounds harsh but I think it is practical advice if Tash doesn't take offence.

 

I'll lurk and leave it to you.

[Tash1990]

At end of day I'm not gonna mention anything

only answer questions the judge ask me or us and answer them as honest I possible can and tell him the truth

 

I'm thankful for the reassurance Ellen as given me but would appreciate you didnt comment any more will as I find you very negative and just trying to bring me down

 

I've had positive attitude the last couple of days

it's bad enough more thinking about the kids losing their beloved home

never mind someone is trying to make out I'm not trying when I am

now please I'm asking nicely

I will nto reply to any if your posts will from now on thanks 

 

Ellen sorry about that but will let you know when the hearing is and thanks for defending me Ellen

 

like i said will only answer questions judge wants answers to as honest and open as I can

if he doesnt mention the other stuff I wont

 

want to try and make it as quick and simple as we can

 

just dont like people interfering if all they're gonna do is criticise when I'm trying to sort this out with no heko from them

[honeybee13]

Tash, CAG has an Ignore function. If someone's advice is upsetting you, you can put them on your Ignore list.

 

HB

[Tash1990]

Ok thankyou honeybee13 x

[Tash1990]

Still not heard about hearing yet they said they would call today x

[honeybee13]

Who was meant to call, Tash?

 

HB

[Tash1990]

The court said they may ring today to give hearing date and time as I paid

the court fee yesterday so they said they had to process it so could call today but  nothing and there closed now x

[honeybee13]

Ell-enn will know more than I do, but I know the courts are pretty overloaded. I wouldn't read anything into the delay.

 

HB

[Tash1990]

Ok hun x

[Ell-enn]

Maybe try and ring them tomorrow just to check where they're at with your application - just explain you're worried