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Tash1990

Halifax eviction notice ***Success***

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My partner has been informed he will receive an eviction notice soon

not sure when but to get you to grips with stuff

 

we went to court in November 2018 and got a suspended possession order for 350 a month

that's 284 for the mortgage contract and 66 for the extra towards arrears which total to 1455

 

unfortunately due to errors with the bank and me having to go on maternity leave to due having our second son 3 months ago I've been on less income

I've paid what I've been able to

£100 last month and

£200 on the 2nd may and

I'm going to be paying £300 today as I cant pay the full arrears of to stop eviction

 

I have a 4yrs old and a 3 month old that are settled in the home

do you think the judge will suspend again please as I'm back at work

 

I've been working for McDonalds now for 5years and have a secure job and work full time

my total earnings are more than my outgoings

 

spoke to Halifax on Thursday to make an arrangement and they said the couldn't because it had already gone back to the solicitor

 

I did and income and expenditure and they even said I have a access of a couple of hundred pounds even giving Halifax the current 350 I pay

payments will not be missed in the future as I'm now back earning

 

just didnt want to lose my home with my 2 children

 

I'm also gonna offer £400 a month if it goes to court to pay the arrears quicker

 

what do you think are chance is 

 

I have been reading post about evictions on the forums and have a rough idea what may happen just wanted some advice

 

Halifax have said they cant Come to and arrangement before it goes to court as it may affect the judges decision

surely coming to an arrangemt now will stop all the extra court cost we just think they're trying to get us out and fixing it up

 

I've always kept them up to date with info since

I even phoned them earlier than arranged before to sort out this

they still took it to the solicitors again

 

just didnt want to lose my home which I work so hard for to keep a foot over my children's heads would be great if you could get back to me 

 

I've been on maternity leave as I've had a baby who is 3 month old

the arrears total £1455

 

we have paid them £100 pound in April and £200 In may

im looking to pay a further £300 pound today when I've finished work

 

due to being on maternity leave my income as been substantially lower

im now back at work full time

 

I have tried to stay in contact with Halifax to sort out arrangements but couldnt due to my income being lower than my outgoings

 

i've phoned them up Tuesday just gone and gave them my income and expenditure update

they said I would be able to pay my contractual mortgage of £284.15 plus a few hundred extra I offered to make and arrangement on the phone

 

they put me through to the eviction team

they took it back to solicitors the day before

 

said we have to wait for an eviction notice to come through as if they make an arrangement now it will impose the judges decision

 

surely to God they could stop the hassle but oh well I suppose they have to go through procedures but that didnt stop me from worry though

 

I'm looking to get the arrears down to £1000 before it goes to court

I've also changed banks too has I've had problems with my bank with payments not being processed and what not

 

like I said I'm now back at work full time so going to have a regular income coming in in

have 2 children aged 4 and 3 months

 

I'm just panicking as dont want to lose hour family home as my 4 yr old starts school in September and he is settled at home and so is my 3month old

 

do you think the judge will suspend again

 

I've been informed we have received letter from the solicitor not sure which one yet

it says we must pay 1455 in 7 days or they will go for repossession

 

do u think if I rang the solicitor they will stop repo if I offer them 300 today and 400 each month

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Wont do any harm and if they reject your offer (which you must also follow up in writing and request a response in writing) that will help with application to suspend any Repossession Order should they go ahead and actually make one.

 

Andy


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Ok will try when finish work 

 

Not gonna be hone in time so will have to call them in the morning

keeping my fingers crossed as this will put me up to date with payments that have been missed and it will be like it never happened

 

hopefully they will see I'm able to come to an arrangement now I back at work with my income being more than my outcome wont to try and avoid court again if we can and want to save my home because of my children x

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Hi, if they won't allow you to make an arrangement with them and issue an eviction notice you can apply to the court on a N244 form to ask for a hearing to get the eviction suspended and we can help you with that application. Obviously it willl be better if you can get them to agree to you making payments to stop the eviction notice.

 

I would notmally  advise you send a letter to the solicitors (can help with wording if needed) then if you have to go to court you will be able to show you tried to come to an arrangement.   Your arrears aren't high (in comparison to some cases) and I can't see a judge taking a home away from a family for an arrears amount that is manageable in a reasonably short space of time.


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Thanks for your reply

 

we have received 3 different letters today

2 off the solicitors

 

saying they may go for eviction warrant

 

we have also have had a letter from Halifax saying get in touch asap if you can get the order amount up to date which I can do they state they will be sending a field agent out to look at our situation to see if they can help stop the warrant

 

I'm gonna call and update payments missed on court order which I think amounts to 350 pound

I am hoping they will stop the repo tomorrow fingers crossed 

 

its reassuring what you said about the judge thanks for the reply will obvs let you no tomorrow what they say 

 

I'm also looking to either keep the original agreement or offer 400 which is 50 per month more than original order will that go for me to

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Hi

I've spoken to Halifax and Walker Morris

 

they said they still need to go for eviction

 

I've paid them £400 today

 

the bailiffs have got to go to court to get eviction date

the solicitors are filing a complaint against Halifax as I dont think they have been very helpful

 

I feel like they won't use eviction

the arrears now stand at £1020

 

I've told them I'm gonna offer £400 when we go to court

I'm hoping to get it suspended again

 

do u think the judge will be sympathetic with having 2 children in the house and an offer of payment

 

the arrears should be down to about 995 by the time it goes to court

 

please I would like you to help with letters for court and what not thankyou

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If your putting the effort in and reducing or trying to reduce the arrears a Court will suspend...they are not in the business of making people homeless for the sake of creditors being  awkward and refusing to be amicable.


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Ok thanks for that reassuring advice just want to save my children's home 

 

 

Event though this is a breach off current suspend possession order will they still suspend again 

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Yes its a further breach but you are attempting to correct it....dont let it happen again if you get through this.

 

Dont forget to put it in writing or email them......phone calls stand for nothing when your trying to prove matters and rely on it as evidence.

 


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Yes gonna be making letters both to Halifax an solicitors at the weekend thankyou 

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Hi,  if you need help with the letter let me know and I'll draft something for you.

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Yes please I would like some help please thanks 

 

I'm at work tomorrow but off for 3 days after so will have time to get letters sorted 

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OK,  in the meantime can you answer the following questions please:

 

Is the mortgage in joint names

What was the reason for missing the payments under the suspended order?

How long is left to go on the mortgage term?

If your arrears are only just over £1,000 then offering £400 per month is perhaps too much - you have children who will need things unexpectedly plus any unforseen items in the home breaking down, or car repairs?   You need to make the payments completely maneageable.

 

I have affixed the budget sheet we normally use - it calculates automatically as you fill it in and will show you what you can actually afford to offer.

Let me know when you have done it.  You can then send it with the letter and also it will come in handy if you need to apply to the court for a hearing.

Budget Sheet.xls


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I've already done an income and expenditure with the bank which they're happy with

I'll be be able to manage payments but yes I will complete yours

 

also the  mortgage is in joint name with his ex partner but she has no interest in making payments

she just wants her half of the money when its sold

 

there was error an with the bank paying out other bills before mortgage went out

also been on maternity leave for 4 months hasn't helped with my income

 

yes I would be able to afford £400 per month or do you recon the judge will still accept the original order for £350 now

 

if back at work full time it will defo be more manageable

 

will complete you budget sheet tomorrow as I've only just finished work or may do it later if I get chance thanks ellen

as for the mortgage term its balance is 39k so presume it's got a few years left on it yet

 

I've worked out if I pay 400 pound it would take me 10 months to pay if or if I pay 350 it will be bout 14 months to pay of which will be well within the mortgage term for sure just didn't want to lose our families home that's all

 

I work for is my kids to have a home to live in that's why I've only taken 4 months if work

 

Am I able to complete on my phone or does it need to be a laptop etc

 

Cant seem to do it on my phone so will try laptop tomorrow hun x


 

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I'm gonna try fill out income expenditure later on this afternoon hun x

 

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No problem. Just thinking - if you are not named on the mortgage why is the lender discussing with you? 


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Because I pay all the household Bill's my partner has always had to authorise them to speak to me on his behalf as I'm the only earner in the house 

 

I'm the one that's paying the mortgage for my kids to have a home

I have to let them know what goes in and comes out and pay them payments with my card

he just authorized me to talk to them when he ohones as they always have to as me questions and what not

 

gonna have to wait till I go to local library tomorrow or Tuesday to complete Income and expenditure as cant complete on my phone and haven't got Microsoft office on my laptop anymore my subscription ran out it keeps saying

 

will go to my local library and use a computer there

will let you no when complete and email it to you but in the meantime can you help with drafting my letters

 

please thanks just tried to do income and expenditure on my phone again wont let me enter amounts so gonna have to wait till I use a computer at the library hun

 

Do you think they will re suspened

 

do you think in have chance of saving my home when they can see that I'm trying to sort this out 

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yes very much so


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install open office on your laptop its free and runs all our downloads

https://openoffice.en.uptodown.com/windows


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Okay thanks will try again later as I'm not home at the moment

 

Will try income and expenditure tomorrow just got back home had family emergency.

 

Gonna try income and expenditure later on this afternoon not forgot

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hi ellen here is my copmpleted budget sheet i have put my tax credits and working together as cant find the letter with the individual amounts on this is all based on monthly incomings and outgoins take a look see if u think my offer would be fair or to much i will be offering 350 at the least bud would like to offer 400 per month if u think its ok xx and also could you help me with my letter please thanks ive put 400 per month down so you can see what my budget would be

Budget Sheet complete.pdf

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Finally manage to get It done thanks for the link dx100uk ur all being very helpful feeling reassured now but it still so worrying

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Hi, you've only put 100 for mortgage arrears ?  I thought you were going to offer 350/400?


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Also,  what is the £75 for entertainament?


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No was going to offer monthly payment plus 100 pounds extra by little boy goes swimming once a month which is 15 pounds a month and the rest is when we take kids out for the day and what not once a month to zoo etc 

 

Sorry to be confusing but wanted to offer mortage 400 or month in total with the 284.15 being the contractual and 115 being the added for the arrears if that makes more sense which totals 400 

 

Do recon a judge will will accept that offer the original order was for 285.15 plusel 65.85 on top which totals 350 so looking to pay 50 extra which will be affordable to me

 

Oh I do hope this wont jeopardize things for me I cant lose the house 

 

This is my kids home my 4 yr old starting school in September which is just up the road he has friends in the street he is very settled and would be distraught if we had to move really want to save my home ita what I worked for for the past 5 yrs please help me

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