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Cadbury10

Britannia Repossession / Eviction - Help & Advice Needed with N244***Suspended***

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xxx PLEASE HELP xxx

 

  • Britannia mortgage with approx £4000 arrears
  • Have not paid mortgage since November 2018
  • Order of possession & money order granted by court in April 2019 (possession date 23rd May)
  •  Have been told of their intention to apply for warrant to evict
  • Also have 2 other secured loans

 

I am self-employed and fell into arrears due to reduced income / ill health / personal bereavement and am currently unable to work due to stress related ill health, so have no income. I am unable to pay the arrears, or regular monthly payments. Mortgage company have been uncooperative / obstructive and refused to capitalise arrears or accept any reduced / token payment. 

 

I was unable to attend the court hearing for repossession due to ill health. I have recently placed the property on the market for sale and there is ample equity to repay the mortgage. The mortgage company have advised of their intention to evict and I have provided them with evidence of the property on the market and also my ill health and asked them to allow me time to sell the property and to recover my health. The mortgage is in my sole name and I have no children, but do have pets.

 

Please could somebody advise if I can file an N244 prior to receiving an eviction notice, to ask for the possession / money order to be cancelled on any grounds of mental health or other factors, or do I have to wait for an actual notice of eviction? The court is not local to me and is difficult for me to travel - Am I able to file an N244 online to ask for a hearing? Would I definitely have to attend the court to apply for possession order / eviction to be suspended? 

 

I currently have no money to offer my mortgage company, other than a small token payment of maybe £10 per month. I have a letter from my GP confirming severe panic attacks, anxiety, depression and nervous breakdown - Should I include this with any application to the court? I can provide the court with evidence of property on the market for sale - Do you think there is any possibility a judge would suspend the possession / eviction to allow me reasonable time to sell? Can I ask the judge to prevent the mortgage company from evicting me to allow me time to sell and recover my health, so that I can get back to work sooner?

 

Please could somebody help me with what to write on the N244 and advise what I should write in witness statement and what evidence I should provide. I currently have no income - Do I still need to complete an income & expenditure form? Can I ask the judge to stop the mortgage company adding any legal fees to my account? Please advise what my chances would be of stopping eviction.

 

Would very much appreciate any assistance with the N244.

 

 

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As you have no income, you should complete a benefit check to see if you are entitled to any benefits:

https://www.entitledto.co.uk/

 

You can submit the N244 before a warrant of eviction is granted but all that would do is reset possession proceedings. It is likely that Brittainia will continue with possession proceedings anyway even where the possession order is successfully set-aside.

The issue is that you have very little to offer and Brittania is unlikely to agree to let you live in the property indefinitely until you sell it while paying £10 per month, that could take months/years. It wouldn't let you capitalise arrears because you can't meet the mortgage repayments even if they were.

 

I'd suggest that you speak to a housing advice organisation such as Shelter for assistance, it can gather further information and advise on what your best course of action is:

https://england.shelter.org.uk/

 

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Thank you for your reply.

 

I did apply for benefits when I fell into arrears and this was awarded, however was then suddenly cancelled due to mis-administration of the council / DWP. This would have included help with council tax however the council then got a CCJ against me for the outstanding council tax and I am now also facing a bailiff from them. This is a separate matter I am also trying to deal with.   

 

Britannia have repeatedly refused any of my attempts to negotiate. The have told me I would have to pay the entire arrears amount before any possession action would be cancelled. 

 

Does anybody know if the judge has any power to order that the possession be suspended and order that the mortgage company cease any further possession / eviction on any grounds? 

 

To be evicted and made homeless would be extremely distressing and detrimental to my health and would also likely result in bankruptcy. Surely evicting somebody with mental health problems is illegal?

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CCJ council tax? surely you mean liability order unless the judge rescinded those and left the council no alternative.

but whatever happened..you can virtually ignore the bailiffs as neither have a right of forced entry attached, but that's p'haps for another thread. 

 

 


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Yes that is what I meant - Although I presume is also a CCJ against me

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I understand the council tax Bailiff cannot force entry, but have had so many field agents terrorising me at home over the past few months - Taking photos of house and car, trying to open car door, shining flashlights through windows, stalking around house trying to open doors, banging aggressively on front door & shouting outside property.... Is there any possibility anybody could also help with a letter for the council to prevent their Bailiff coming to property, as I think visit is imminent.

 

Would really appreciate some help with having N244 ready for when eviction date arrives, as not really sure what I can ask the judge to do.

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There is some case law which  a defendant can ask the court to consider  i.e asking for time to sell but you would need to make payments while it sold and show proof from estate agent who is selling it. It's a long shot but worth a try.

 

I'm not able to help until after the bank holiday though, but if you can wait till Tuesday I'll dig out the case law I've used before


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1 hour ago, Cadbury10 said:

Yes that is what I meant - Although I presume is also a CCJ against me

There is no CCJ needed for council tax - the liability order is the 'equivalent' for council tax but gives a wider range of powers.

Depending on what the council tax balance is then you may have further issues on that side - have you contacted the council regarding withdrawal of the enforcement agents on the basis of vulnerability ? I would also suggest an application for a section 13A(1)(c) discretionary relief (google it for more details).

 

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1 hour ago, Ell-enn said:

There is some case law which  a defendant can ask the court to consider  i.e asking for time to sell but you would need to make payments while it sold and show proof from estate agent who is selling it. It's a long shot but worth a try.

 

I'm not able to help until after the bank holiday though, but if you can wait till Tuesday I'll dig out the case law I've used before

 

Thank you so much - Yes, I can wait until Tuesday. 

 

The problem I have though is I really would struggle to make anything more than a nominal / token monthly payment, until the property has sold and the mortgage (and secured loans) would then be repaid in full. Do you mean I would have to be able to make the full regular monthly payments until sale of property?

 

I have been experiencing severe hardship since falling into arrears and am in arrears with every creditor. I have no savings (other than equity tied up in the property) and am currently unable to work with the stress and threat of eviction / repossession. 

 

My last property took around 12 months to sell - With that in mind, am I allowed to ask the judge to suspend repossession / eviction for 12 months to allow me time to sell? I am confident it will sell within that time and is being marketed with multiple estate agents. Being in financial hardship, am I allowed to ask the judge for the mortgage company to accept a small token payment, or freeze my account altogether until the property has sold and prevent any legal fees being added? Does a letter from my GP confirming mental health issues help at all and should I include that in the court application?

 

The constant threat of looming eviction is not helping my mental health and I just need time to sell the house, recover and get back to work.

 

 

 

 

 

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We can certainly use a letter from your doctor in your N244 so you should get that organised asap


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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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1 hour ago, ss002d6252 said:

There is no CCJ needed for council tax - the liability order is the 'equivalent' for council tax but gives a wider range of powers.

Depending on what the council tax balance is then you may have further issues on that side - have you contacted the council regarding withdrawal of the enforcement agents on the basis of vulnerability ? I would also suggest an application for a section 13A(1)(c) discretionary relief (google it for more details).

 

 

 

Thank you for your reply.

 

I just presumed that because it was a judgment made at the county court that I would now have a CCJ against me for that - Is that not the case then? 

 

I have made attempts to speak to the council over the phone, but all they have done is bully & threaten, so I feel unable to phone them anymore. That was before they issued the court summons. 

 

Any assistance with drafting letter to stop their Bailiffs would be appreciated, as my head is all over the place. 

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3 minutes ago, Ell-enn said:

We can certainly use a letter from your doctor in your N244 so you should get that organised asap

 

Thank you - I have the letter, which states I am suffering from severe panic attacks, anxiety and nervous breakdown. It also states that if I were to be evicted my mental health would deteriorate. I have yesterday sent a copy of this letter to solicitor acting for the mortgage company, requesting that they do not proceed with any eviction. 

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59 minutes ago, Cadbury10 said:

 

 

Thank you for your reply.

 

I just presumed that because it was a judgment made at the county court that I would now have a CCJ against me for that - Is that not the case then? 

 

I have made attempts to speak to the council over the phone, but all they have done is bully & threaten, so I feel unable to phone them anymore. That was before they issued the court summons. 

 

Any assistance with drafting letter to stop their Bailiffs would be appreciated, as my head is all over the place. 

Yep, no CCJ as it's via Magistrates' rather than County Court. It's also not noted on your credit record.

 

Where a CCJ would be needed, for a charging order, the Liability Order is used in lieu of a CCJ.

 

In effect the Liability Order allows the council to manage the recovery rather than a CCJ where each action has to be made via the court.

 

Craig

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Thank you for your reply Craig - That's good to know, although if I receive a visit from their Bailiff that would cause me extreme additional distress... Want to send them a letter but unsure what to write

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Sorry for so many questions - I may need some help dealing with other secured loans as well... Should I start a separate thread for those or add to this one?

 

Does anybody know an email address for Britannia, or does anyone know the name/email of Britannia CEO and should I send any written formal complaints? (I have made several over the phone). 

 

I requested a SAR several times and again demanded this last week, which they have now sent, although is a very minimal pile of papers and includes no record of telephone conversations with me, correspondence missing and they even refer to me as a male. 

 

I have received letter from them today stating again they are intending to repossess unless I pay full outstanding mortgage amount immediately, as per court order. I sent a letter via email to their solicitor Drydens Fairfax last week, including a doctors letter & details of property on the market. 

 

Am I allowed to ask the judge for any kind of injunction to stop them selling my house to protect my equity and to stop their harrassment, as its causing me so much distress?

 

Is it possible to file any kind of counter claim for damages at this stage, or would / can that be done later? I also believe the mortgage may have been mis-sold - Should I include any mention of that in N244?

 

I am really worried that the judge would not be impressed at my lack of ability to make full mortgage repayments at the moment as most success stories on here are when payments and something towards arrears can be paid... Does the judge have any power to order them to accept a token payment, or freeze account completely until I have sold? Are there any grounds to stop eviction based on hardship? Does the judge have any power at all to stop them proceeding with any possession on any grounds?

 

They is also an early repayment charge of around £5000 - If they have included this in outstanding balance, can I request that the judge dismiss their original possession order altogether due to incorrect figures, as they are effectively forcing me to sell early and incur that ERC?

 

Is it really bad because I didn't attend the repossession hearing and they have an outright order? Please advise what my chances would be of stopping eviction and being allowed time to sell house myself.

 

Thank you in advance  

 

Not sure if it was right or wrong thing to do but have just been to post copy of letter to Britannia

- It took me hours to feel brave enough to leave the house, as suffering bad anxiety and had a massive panic attack on way to post office. One minute I feel ready to fight and the next breaking down in tears and shaking. I'm a nervous wreck and was the first time have managed to leave the house in over a week.

 

Really just feeling so confused and not sure if my letter will do any good or make things worse.. Just no idea what I should do.

 

Sorry for all of the posts.

 

Would appreciate any help or advice with any of this.

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Are you following the following thread Cadbury were Ell-enn is advising ?

 

I see she is already subscribed to your thread.

 

https://www.consumeractiongroup.co.uk/topic/416689-halifax-eviction-notice/page/3/#comments

 

Andy

 


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Hi Andy, 

 

Yes I am and am worried that my situation is much more dire as I am unable to make similar payment proposal at the moment... Wondering if I should phone Britannia to see if they have received my letter (even though I can see on Royal Mail they signed for it this morning), or if there is any point in trying to make a token minimal payment to them over the phone... 

 

Petrified that I am about to receive an eviction date and won't have enough time to try to stop it, or even if I have any chance of success in court....

 

When defending an eviction,

does it make any difference if the current court order is a SPO or outright possession order, or doesn't that matter? 

 

Does a judge in these cases only have a set maximum number of days they can suspend eviction for?

 

Can an eviction be adjourned to give more time to try and raise some funds or pending waiting for confirmation of income?

If so, what is the maximum time that could be allowed?

 

So confused and worried about losing my home 

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When defending an eviction,

does it make any difference if the current court order is a SPO or outright possession order, or doesn't that matter? It does because its not suspended and may even be accelerated but only if you have been served a section 21 notice.

 

Does a judge in these cases only have a set maximum number of days they can suspend eviction for? No depends on the arrangement you come to and if you can maintain it

Can an eviction be adjourned to give more time to try and raise some funds or pending waiting for confirmation of income? Yes

 

There are 3  possible orders ....

  • an outright possession order
  • a suspended possession order
  • a postponed possession order
  •  

Have a read of the following it explains the process...

https://www.citizensadvice.org.uk/debt-and-money/rent-arrears/eviction-for-rent-arrears/

 

 


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Hi Andy, 

 

Thank you for your reply.

 

Would a section 21 notice be sent from the court or the lender/solicitor?

Would it actually say "section 21 notice" on it and for what reason/s would they accelerate and do that?

How much notice is given with one of those?

Can they be stopped at all if I did receive one?

 

Can an eviction with an outright possession order be defended at all in court in the same way a suspended order can? 

 

Can the current outright possession order be challenged or suspended/adjourned and is that something I should do? Or can it only be challenged if defending an eviction?

 

What would happen with the current possession order if I successfully defended the eviction? Would it remain, or be changed to a suspended order?

 

I wasn't able to attend the possession hearing as was unwell. I did email a defence to the court about 30 minutes before my hearing was scheduled, but no idea if the judge received and obviously didn't help my case.

 

Sorry if I am repeating myself at all and for so many questions. Really appreciate your help & advice 

 

 

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Section 21 notice only applies if you are renting.

 

As for the rest of your questions the process is explained in the link I provided Cadbury...you really should have attended the initial hearing even if you were at death's doorstep...would have avoided all the what ifs and questions you now raise.


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Well that's a relief then about the section 21 notice only applicable for rented - Presumed as you mentioned it you meant it was applicable to me.

 

Was not physically possible for me to attend the hearing and have also suffered a pretty severe nervous breakdown... They should have taken it to court in the first place and have done all I have been capable of doing.

 

Would prefer some help to deal with the situation now to avoid being made homeless on the streets with my pets and losing everything I've worked for my whole life

 

That was meant to say they "shouldn't" have taken it to court

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But you are £4K in arrears...what should or could they have done.?

 

  • Britannia mortgage with approx £4000 arrears
  • Have not paid mortgage since November 2018
  • Order of possession & money order granted by court in April 2019 (possession date 23rd May)
  •  Have been told of their intention to apply for warrant to evict
  • Also have 2 other secured loans

So follow the thread i have linked to and get the Possession Order suspended.

 

Andy


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Hi Andy,

 

Surely they could have done something to assist rather than drive me to nervous breakdown and make my situation worse!

 

Do you mean the Halifax thread? I think they have already received an eviction date and I have not, so am confused as to what I can / should do. Do you mean I should get the possession order suspended without an eviction date? How do I do that?

 

Claire

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We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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This link refers to tenants of rented property so not sure that applies to me?

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