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

[dx100uk]

If application to suspend eviction was successful,

would the possession order then become a suspended possession order,

or still an outright possession order? - if it wasn't then whats the point of the N244 to suspend it for....think about it?

 

If eviction was suspended and I am able to sell the property myself,

would there be any issues at all with a sale completing if there is any kind of possession order still in place? - no

 

Could that potentially cause any delays/problems completing sale at all,

or would any possession order automatically be cancelled on completion of sale? - it wont cause delays no...and ofcourse it will be cancelled..no debt would then exist.

 

I am confused about the difference between suspension / set-aside / adjournment etc....

If the judge did allow some time for me to recover health / return to work for example,

would the judge adjourn the case for a specific amount of time and would I have to return to court, - yes and yes. if that's what he agrees with you.

or would an order be made to suspend eviction on the condition of me commencing payments on a specific date, without any return to court? - if a CMI+£XXX order was made then as long as you kept that up, there would be no further court involvement.

 

If an adjournment for a specific amount of time, would I have to specifically request an adjournment in statement? - not sure...

 

Is there any option to request the repossession order is set-aside for period of time to allow time to negotiate a plan going forward with lender?

 

Do you think the judge will be able to see they have acted unfairly towards me? - probably, but the bottom line is you haven't been paying anything for a longtime..

 

I read somewhere (although in Ireland) that many repossession cases are adjourned / set-aside / suspended for 8 months or 12 months in some cases....

Do you think there could any possibility of that in my case?

 

 

you never know...

[Cadbury10]

If the eviction is suspended then the situation will be that possession is suspended. Ok thank you, think I understand.

 

There should be no problem selling the property with a suspended possession order in place - the money from the sale will pay off the  mortgage in the normal way. Ok, thank you. As a money judgement was made with the possession order in the County court, does that mean that a CCJ for this is now registered against my name, which even if mortgage fully repaid on completion of sale, would that remain as CCJ on my credit file for 6 years?

 

A case can be adjourned to be heard at a later date if the judge wants more information but it wouldn't be for a 12 months, unless payments were being made during that time. However, a suspended possession order stays until the arrears are cleared and even then you have to apply to the court to have it removed, but the lender also has to agree. Can I not ask at eviction hearing to also have the possession order removed completely on any grounds of unfair credit relationship, harrassment, vexatious litigation, discrimination, bullying etc? 

 

You're not doing yourself any favours by searching round the internet trying to find a case that fits what you want to achieve.  You need to remember that you aren't able to offer any monthly payments - this makes your case different.  Stop trying to make it fit into other cases you think are the same. That is not what I'm doing at all. 

 

I don't know what the judge will decide - in the 300 or so cases I've dealt with I've never sent a case to court where someone hasn't any money to pay and can't say when they'll be able to do so - so I can't answer any of your questions about what I think the judge will decide, because I just don't know.  All I can do is advise you and give you a statement which may give you the best chance. Thank you for the reassurance. I'm just extremely stressed and worried and cannot lose my home.

 

If you'd just take the advice I've been giving you about contacting Shelter to see if they can get you some representation in court then it might strengthen your case.  For the life of me I can't understand why you won't do that. Again, I think I'll just go with your assistance. Any hope or reassurance and positivity is greatly appreciated.

 

 

[Cadbury10]

If application to suspend eviction was successful,

would the possession order then become a suspended possession order,

or still an outright possession order? - if it wasn't then whats the point of the N244 to suspend it for....think about it? I am not capable of thinking clearly about much at all at the moment and my head is like a washing machine spinning on full cycle - But think I understand now.

 

If eviction was suspended and I am able to sell the property myself,

would there be any issues at all with a sale completing if there is any kind of possession order still in place? - no Ok thank you. Will there be any possession order / CCJ against my name for 6 years, even if the mortgage is repaid in full if I sell the property?

 

Could that potentially cause any delays/problems completing sale at all,

or would any possession order automatically be cancelled on completion of sale? - it wont cause delays no...and ofcourse it will be cancelled..no debt would then exist. 

 

I am confused about the difference between suspension / set-aside / adjournment etc....

If the judge did allow some time for me to recover health / return to work for example,

would the judge adjourn the case for a specific amount of time and would I have to return to court, - yes and yes. if that's what he agrees with you.

or would an order be made to suspend eviction on the condition of me commencing payments on a specific date, without any return to court? - if a CMI+£XXX order was made then as long as you kept that up, there would be no further court involvement.

 

If an adjournment for a specific amount of time, would I have to specifically request an adjournment in statement? - not sure...

 

Is there any option to request the repossession order is set-aside for period of time to allow time to negotiate a plan going forward with lender?

 

Do you think the judge will be able to see they have acted unfairly towards me? - probably, but the bottom line is you haven't been paying anything for a longtime.. Yes, Although that's due to being unable to work, as a direct consequence of their actions and failure to offer me any options / assistance.

 

I read somewhere (although in Ireland) that many repossession cases are adjourned / set-aside / suspended for 8 months or 12 months in some cases....

Do you think there could any possibility of that in my case?

 

 

you never know...I live in hope...

[Ell-enn]

7 minutes ago, Cadbury10 said:

A case can be adjourned to be heard at a later date if the judge wants more information but it wouldn't be for a 12 months, unless payments were being made during that time. However, a suspended possession order stays until the arrears are cleared and even then you have to apply to the court to have it removed, but the lender also has to agree. Can I not ask at eviction hearing to also have the possession order removed completely on any grounds of unfair credit relationship, harrassment, vexatious litigation, discrimination, bullying etc?

 

What evidence do you have of unfair credit relationship?

Asking for the mortgage agreement to be fulfilled by making the monthly payments is not harassment

How is the litigation vexatious ?  they are within their rights to apply for possession as there are arrears and you are not making any payments

What is the discrimination?

How are they bullying you?

 

[Cadbury10]

3 hours ago, Ell-enn said:

 

 

I have banked with the Co-op for over 10 years and put every penny of savings that I had into buying this property and had to pay a large deposit, which I have worked extremely hard my entire life to achieve.

 

In addition, I have paid a substantial amount of money in repayments to date. The property was not in great condition when I purchased it and I did not realise until after moving in, that it was inhabitable.

 

I had no savings whatsoever on moving in, as had paid every penny I had towards deposit and moving costs. I have had to spend a lot of money on the property to even make it habitable. 

 

They agreed previously to lend me additional funds to cover home improvement costs, but then subsequently rejected - So I had to secure more costly secured loans elsewhere to do this.

 

Any communications I have had with them throughout my mortgage have been met with ignorance, rudeness, unprofessionalism and a general "couldn't care less" attitude.

 

Despite having little to no enjoyment of the property since purchasing. The work I have had to have carried out on the property has caused me significant time & expense.

 

I had to have surgery on my spine approximately 5-6 years ago. I had some problems relating to this shortly after moving in to the property, following a driver hitting me from behind at some traffic lights

 

. I still managed to repay my mortgage throughout, also whilst dealing with a host of other health problems, caused as a direct result of the uninhabitable condition of the property. Later on, and caused by a direct consequence of uninhabitable contain of property,

 

I had a number of other health issues, which directly resulted in a further injury I sustained to my neck/spine, although I still kept up the payments to mortgage.

 

I experienced further complications with spinal injury last year, resulting in reduced income and despite my best efforts to maintain mortgage payments, I fell into arrears.

 

Britannia have been consistently unsympathetic to my situation, refused any offer of payment I have put forward to them and have acted unreasonably and unfairly. 

 

I could have been back to work sooner and not accrued this level of arrears, had they had been more accommodating, helpful and understanding. 

 

I feel they have acted unreasonably, unfairly and have been uncooperative to me, unfair, and have most definitely not acted with my best interests in mind.

 

I have made every effort possible to resolve amicably with them and their actions towards me does amount to harrassment. This has directly caused me to have a nervous breakdown - Which would not have happened otherwise.

 

They have not acted in my best interests and I feel they have breached their duty of care towards me. They have even been sent a letter from a medical professional and have chosen to continue their ridiculous litigation/eviction.

 

I therefore believe that they are now acting in malicious manner and I cannot allow these people to get their greedy hand on my equity and my future. I think they have done enough damage and have breached their position of power and trust. 

 

I would not have suffered the continued health problems / increase in arrears if they had not acted in the manner that have. They have not and are not acting in my best interests.

 

Following their dismissal of my letter, in which they also have disregarded a medical professional and refused any attempt to make any kind of a payment plan, I feel they are actively pursuing a vexatious litigation, which serves purpose other than to potentially cause me even more damage to my health and financial situation. thus deliberately making my ability to make payments even more difficult. That is malicious.

 

I just don't understand how they could be so stupid and ignorant and just need to stop them getting their greedy hands on my home. 

 

I just want to protect my pets, who are like my children to me, and just want to have some security and move forward with my life.

 

I just wanted to say as well that without this forum, and your help and support with N244, I never would have had the confidence or hope to try to defend this, and just don't want to lose my home xx

 

In addition, and amongst other things, I have recently been made aware that somebody listed my property for sale on Rightmove about 6 months after I purchased the property

 

. I was not in any arrears with anybody at that point and did not place the property on the market myself - So that has caused me distress.

 

Also, I have not only been harassed by excessive phonically, letters, emails and also several visits to my home from debt collectors / field agents who have acted aggressively,

 

I have also had police cars and vans storm onto my driveway, with aggressive banging on front door, and officers swarming around the sides of my property, insisting that I had called them to attend, when I most definitely had not.

 

This has caused me severe distress. It was not until I read somewhere on this forum that somebody had experienced similar from their mortgage company impersonating them to the police that I considered my lender may have been behind it. Is that blockquotelockquote widget

[Ell-enn]

I think the stress of your situation is making you irrational. None of the above scenarios you have asked about are relevant to your case in any way. I understand that you want to find things to try and give your case substance but you have to face the reality of your situation. 

Trying to get a judge to consider any of the things you have researched and mentioned above will only damage your case, not help it. 

[dx100uk]

It will help your situation 1000% if you were to atleast have shelter standing beside you in court.

 

it will show the judge that you have sought help from a recognised org rather than CAG..as we are invisible on the day.

 

 

[Ell-enn]

Absolutely !  I wish you'd explain why you won't do it !

[unclebulgaria67]

One issue that puzzles me and I would think relevant ( in my mind), is how long mortgage repayments were made, before repayments could not be made ?

 

The mortgage term left is apparently 37 years and as such I would think mortgage repayments have only been made for a few years.  

 

If there is now £5000 in arrears and no significant repayment being offered, then I could understand a mortgage company looking to repossess. Without any long history of repayments, then there is no track history, where a mortgage company might be persuaded that this is just a temporary bump in the road and repayments would be restarted. 

 

And was any Insurance taken out when mortgage was arranged, that might cover mortgage repayments for a period ? If there was mortgage repayment insurance, was a claim submitted ?

[Cadbury10]

One thing that I can't understand is why people would want to make such negative, distressing comments to somebody that are clearly not helping . 

[dx100uk]

or to someone that is not listening...

[Cadbury10]

24 minutes ago, dx100uk said:

or to someone that is not listening...

 

Are you just trying to cause me more distress? Again, I didn't come on here for abuse and your comments are not helping.

 

Some of the people on here have been so helpful, kind and supportive

- Just a shame that others feel the need to point their judgmental fingers and make unhelpful remarks about a something they clearly don't understand, causing more distress to an already extremely distressing situation.

 

Very difficult to be positive with ignorant comments  

[honeybee13]

I think it's more that people are telling you how these things happen and not leaving out the parts that might upset you, because we try to give complete advice.

 

In your position, I would want a Plan B and not pin all of my hopes on attending the hearing alone. Hence people talking about Shelter.

 

HB

[dx100uk]

Tough i'll use any tool in my box to make you take the advice that every single person on this thread has told you to do.

 

find one person here thats has told you not to contact shelter??

 

its not causing you distress..stop being a little snowfkake wall flower and hiding from reality.

 

Oh i dont like what im hearing eveyone say to me..its distressing to me..i only want to hear what i want to do...whats that then... 151 posts wasting cag's time.. Did you want help when you first came here or not???

 

 

[Cadbury10]

 

Thank you honeybee, although I have tried everything I can do for a Plan B and would prefer to focus what little time & energy I have on trying to stop the eviction - Which is now all I can do.

 

Some peoples comments have clearly been made with intent to cause distress, which I don't need or appreciate. 

[honeybee13]

I honestly don't think anyone on the thread is trying to cause distress.

 

HB

[Cadbury10]

17 minutes ago, dx100uk said:

Tough i'll use any tool in my box to make you take the advice that every single person on this thread has told you to do.

 

find one person here thats has told you not to contact shelter??

 

its not causing you distress..stop being a little snowfkake wall flower and hiding from reality.

 

Oh i dont like what im hearing eveyone say to me..its distressing to me..i only want to hear what i want to do...whats that then... 151 posts wasting cag's time.. Did you want help when you first came here or not???

 

 

 

Why don't you stop wasting my time when I clearly don't have much of it left to try and sort my situation out. ****

15 minutes ago, honeybee13 said:

I honestly don't think anyone on the thread is trying to cause distress.

 

HB

 

Well they have

[Ell-enn]

There isn't one single person on this forum who is trying to cause you distress, of that I can assure you!

if some people are telling you the truth and it's not what you want to hear then I'm not going to apologise for that. I think you know exactly what the position is but can't accept it - you want everyone to tell you it's going to be ok when none of us can guarantee that. 

If you insult a team member one more time you will be on your own with this. I'm very close to losing patience with you

[Cadbury10]

Sorry Ell-enn, but I feel extremely distresses and worried about my situation as it is and some of the comments are not helping my situation and have made me feel even more distressed. I did not insult any team member and also do not appreciate being called names such as "wallflower" and "snowflake". 

 

I really appreciate your help & support Ell-enn.

[unclebulgaria67]

Having suffered mental health, having family history of mental health, managed staff with mental health and now employed in public service coming across people going through mental health crisis,  I can only advise you that a problem shared is in your best interests.

 

We want you to stay in your house and if that means you needing help from Shelter, as well as local mental health services, then that is what we think is best advice to give you.

 

I cannot see it is in your best interests to just agree with you and I don't think you are asking us to do that. When you get to Court,  do you think a Judge might be interested and encouraged to know you are being supported by professionals ?  If you just turned up to any hearing,  not in the best position to put your case forward, do you believe that would be in yoiur best interests to do that ?

 

What can happen with mental health is that normal decision making thought processes become very difficult. Decisions that would normally be very easy, become clouded in a fog. Are you sure you can out forward your case in court, without local help from professionals ?

[dx100uk]

C10

you have to realise the bigger picture here

we don't care what you call us

we really dont

it could be the worst thing imaginable to you

but we'd still help you.

 

since moving to scotland some years ago and having had dealings in court for many people inc some very close to me up here [i can litterally get bluetooth from my home in the public gallery im that close ] i  regularly attend my local courtand sit in the gallery. ok its Scotland and somethings are slightly different, but one thing that is by far very much different is the shear number of eviction cases up here

 

literally every day at the start of court 10am when they are heard each day, there are always +3 a day, somedays there are more than 10.

poverty here is rife , and I've witness some bad ones.

 

but I will make one overall observation,... those that had help with them, even in the most dire of situations ALWAYS came out better than those going it alone..even if they were of no real help, the very fact that the sheriff [no judges in Scotland] could PHYSICALLY SEE the shelter [or one of the other orgs up here] with them lessened the severity of the outcome.

 

and I will answer one of your queries but its not to back up you doing things like this on your own.

yes ive seen the sheriff give upto 18mts grace with no payments on the rare occasion.

 

dx

 

[Ell-enn]

Can you please explain to me exactly why you won't contact Shelter, you keep ignoring that question

[Cadbury10]

Hi Ell-enn,

 

I don't think I have ignored that question and thought I had answered that a couple of times before - Sorry if my answers have not been sufficient.

 

Just wanted to update you, I received letter from Britannia yesterday asking me again to complete I&E form. They asked me on the phone to also provide a letter from my family confirming they have been helping to support me with money for food & essentials, but do not ask for this in their letter. Should I respond to this?

 

We have also had a family emergency but will be online again as soon as I can. 

 

I have a folder with all mortgage documents and correspondence - Should I take this to court with me as well?

 

Do you think it would be worth adding the letter I sent to lender on N244 and mentioning this in statement?

 

Really do appreciate all of your help and support with this.

 

 

 

 

Edited June 9, 2019 by Cadbury10

[BazzaS]

4 minutes ago, Cadbury10 said:

Hi Ell-enn,

 

I don't think I have ignored that question and thought I had answered that a couple of times before - Sorry if my answers have not been sufficient.

 

More non-existant (regarding not contacting / involving Shelter! than insufficient replies.....

 

Quote

 

 

Really do appreciate all of your help and support with this.

 

 

So, answer Ell-enn’s reasonable question, then, if it isn’t “too distressing” to do so.

Edited June 9, 2019 by BazzaS

[Ell-enn]

Yes you can attach the letter to the N244 pack - I will update the statement in the morning.