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

[Ell-enn]

I think all you can do at the moment is wait for the eviction notice and then apply to the court for a hearing to suspend it using some case law asking for time to sell the property(but that's not guaranteed to work) and you will most definitely need to attend the court hearing.   The lender obviously isn't going to take notice of anything you send them at the moment as you can't make any payments.

 

[Cadbury10]

Hi Ell-enn,

 

Thank you - How much time would I be allowed to ask for?

[Ell-enn]

There's no specific time - it's whatever the judge would deem "reasonable",   no point in asking for a couple of years because you won't get it.  I would think they might consider 3 - 6 months "reasonable", but remember it's not guaranteed that you'll get it.   How much equity is there in the property  ?    if there is a lot of equity we could argue that you would suffer a great financial loss if the lender were to gain possession and sell for a knock down price just to clear their mortgage.

[AndyOrch]

2 hours ago, Cadbury10 said:

 

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

 

https://www.citizensadvice.org.uk/debt-and-money/mortgage-problems/eviction-for-mortgage-arrears/#h-changing-the-court-s-decision-to-grant-a-possession-order

[Cadbury10]

The property only went on the market last week and I'm confident it would sell within a year.

If the judge allowed 3-6 months and it hadn't sold in that time, would I have to go back to court again to ask for more time?

I am worried about coping with the stress of court as my health problems are bad and not sure how much more I can cope with.

 

How would the judge view the situation with not being able to make current monthly payments between now and sale of property?

I currently have no way of raising funds but am trying all options I can.

 

There would be approx £150k equity in property after mortgage, secured loans & estate agent fees paid.

I also have quite a bit of unsecured debt. Yes, if they did get possession of the house I would end up bankrupt and homeless with no money to move forward. Really worried about my pets too.

 

I really do want to protect my equity if at all possible.   

[Cadbury10]

Thank you - I am still unsure which option applies best for my situation and what I whether I would be asking for it to be set-aside / suspended / adjourned..

. Too much information overload for me to take in at the moment.

Does that mean I can apply with N244 before receiving eviction date, or do I have to wait for eviction date before filing N244? 

[Ell-enn]

You should wait for the eviction notice as the court fee for the application will be cheaper.

as you have no means of making payments you don't actually have any options other than asking for time to sell and to be frank that is a long shot.

might be an idea to look for somewhere to rent in case you lose in court

[Cadbury10]

Hi Ell-enn,

 

That's really disheartening as I really have tried and am trying to the best of my ability.

I have tried my best to find a rented property, but with my credit rating being destroyed I would require 6 months rent upfront, plus deposit / fees / removals etc, and have no access to any credit.

 

Then there is the added problems of having pets, which the majority of landlords will not accept.

My pets are my life to me and I live for them and they are like my children..

. I cannot bear the thought of losing them and they would be highly distressed if they had to be re-homed to somebody else

- Or the biggest fear of mine is having the locks changed on eviction, if they escaped onto the street they have no road sense and would not survive.

 

If I had to be homed by the council (which I would not automatically be eligible for and would literally be on the streets), I would probably be provided with a small flat and my cats require an enclosed garden area). One of my cats was a Persian and died shortly after the aggressive banging on the door from one of the field agents.

 

Despite her age, she was in perfect health prior to all of this and deteriorated rapidly due to the stress of this.

She was a massive part of my life for 19 years and I am grieving for her now, on top of everything else.

At the lowest point of hardship, I had to have my dad leave a bag of food for me on my doorstep, as could not even face him whilst I was having a breakdown.

 

My family have no money to help me and all of this is having such a negative effect on them too.

My family are currently trying to help me rent somewhere to live and I am petrified of being homeless on the streets and just want to protect my babies and be able to move forward with my life.

 

At the worst level of hardship I had no heating oil during the winter and literally no food or money.

My family have been helping me will small amounts of money for food and have paid for my heating oil.

I literally have no enjoyment of life right now. 

 

My family may be able to help me with initial moving costs / but having to do this under the forceful threat of eviction this is only causing me more stress and expense and exasperating my health conditions. I simply now have no way of raising enough funds to satisfy the lenders unless they back off and allow me time to recover my health, return to work and sell the property.

 

All I can do in the meantime is try my best to raise any funds I can to offer the lenders, but cannot afford to lose my home.

I have worked hard my entire life for my home and do not want to be homeless, bankrupt and living on benefits.

 

I believe if the threat of eviction was taken away whilst I try to sell, then that would take a lot of stress away and enable me to recover my health and get back to work sooner. What can I offer to propose to the judge with regards to payments? 

 

Please be honest - What do you think my chances of success defending eviction would be? x

[Ell-enn]

I completely understand it must be disheartening to be told you have virtually no options, but I have to be realistic and I won't give you false hope.

I really think you should try to find somewhere to rent as there is only a slight chance you would be given even a short time to sell.

I'm so sorry I can't be more positive about your chances, you should take the time you have before the eviction notice arrives to make arrangements and not leave it to the last minute as things would be much more difficult to sort out. 

I have helped in hundreds of possession cases and I know that if there's no money to offer  the lender then the judge's hands will be tied.

have you contacted Shelter ?

[Cadbury10]

No, I haven't - What do you mean about being placed into a shelter? That would mean losing my cats, the thought of which os unbearable to me. Living in a shelter, or on the streets would also make my mental health deteriorate - Surely the courts would not encourage that!?

 

If I have to move into rented immediately (and if that is even possible) then I would have rent costs etc to pay, which could have otherwise been paid to lenders, so they are making it impossible for me right now....

 

I am currently awaiting a decision from PIP but even if awarded, this would not cover my normal monthly payments to lenders and I would be still living on an extremely tight budget... I have tried to remortgage, but credit rating is destroyed and is not possible. I am trying my best to sell - Do the courts not take into consideration somebody health conditions?

 

I was hopeful from your previous replies about being given time to sell, but as for payments to lenders, I have nobody who could lend me any money and there are seemingly no options available for me. This is just ridiculous!

[dx100uk]

no contact shelter..not live in one!

they are marvellous org.

 

dx

 

[Ell-enn]

England.Shelter.org.uk rhey are a homeless charity who can help you look for somewhere to rent if you are due to be evicted, they can also in some cases go to court with you to offer support. Ring them in the morning and get an appointment

[Cadbury10]

22 minutes ago, dx100uk said:

no contact shelter..not live in one!

they are marvellous org.

 

dx

 

 

I keep breaking down in tears and find it difficult to speak to anybody at the moment... I have tried seeking legal advice but not entitled to legal aid and have tried to appoint a barrister too but cannot get assistance through the pro bono system and cannot afford legal assistance.... I did try a couple of repossession companies, but they wanted to take control & buy my house for £120k under asking price and have 3% fee on sale price as well - Which I cannot afford... 

[Ell-enn]

Please read my last post.... You need to do something

[Cadbury10]

13 minutes ago, Ell-enn said:

England.Shelter.org.uk rhey are a homeless charity who can help you look for somewhere to rent if you are due to be evicted, they can also in some cases go to court with you to offer support. Ring them in the morning and get an appointment

 

Thank you, my family have found somewhere to rent for me and are currently trying to see if that would be possible. Even if I can move into rented, I still want to protect my equity and prevent the house being repossessed with locks changed, so that I can sell.... Otherwise I will end up bankrupt and destitute... Please help!

[Cadbury10]

4 minutes ago, Ell-enn said:

Please read my last post.... You need to do something

 

Hi Ell-enn, 

 

I think I replied to this - Not sure what more I can do x

[Ell-enn]

You should take the rented property and we will deal with the eviction notice when it comes. 

[Cadbury10]

My family are trying to raise the funds, as I have none, and secure a rented property for me. 

 

They are willing to try and raise funds for me to move but not for me to pay any creditors. How would a judge view this as money spent on renting rather than paying the mortgage?

[Ell-enn]

I think you need to stop wondering what a judge will think, you need to concentrate on securing a roof over your head. We can't do anything about the eviction yet so sort somewhere to live as a priority. Take one  step at a time

[Cadbury10]

Hi Ell-enn,

 

Thank you for your reply.

I have been trying although because of situation I would need to find 6 months rent upfront, plus deposit/fees/removals etc and no way of raising that sort of money at the moment.

 

My family are trying to help raise funds to move, but no guarantee that will happen in time before eviction date. More time to raise funds would be helpful. If I am able to sell property myself then I would need to move into rented anyway for the sale to complete, but raising those funds quickly enough prior to eviction may be difficult. I am so scared of being homeless on the streets and losing my home.

 

If the judge would consider 3-6 months to sell the property, what would happen if it still hadn't sold within that time, and would that only be allowed if I had money to pay the mortgage in the meantime? Is there any leeway the judge can allow for financial hard

 

Please could you give me an idea of what documents / evidence I would need for judge to defend eviction, so that I can be getting those ready.

 

I also have benefits award letter and then letters stating it had been cancelled and various correspondence from council / Bailiffs regarding unpaid council tax (which would have been paid had they not messed up my claim). Would that help to prove hardship, as I literally have no income at this moment. 

 

Would the judge allow me time as well to recover from nervous breakdown so that I can return to work? I am worried about breaking down in tears in court (as I do that a lot lately) and also worried about being able to get to court, especially if early hearing time as the court is about a 4 hour round trip from me.  

 

 

Hi, Ell-enn,

 

Forgot to mention in last reply - You mentioned another possible option of making application to court prior to receiving eviction notice, but would be more expensive. Please could you let me know the cost of that and what would that application be asking the judge to do / what would I need to do? Would that be the same form N244? 

 

Is it possible for example to ask the judge to stop them issuing any eviction warrant under my circumstances, or cancelling / freezing their possession order until I have sold the property? I'm just thinking if that was a possibility it might take a lot of stress away rather than wait for an eviction, as I am worried I won't have much time to stop eviction and would be on the streets. 

 

Cadbury

[Ell-enn]

If you apply on an N244 before receiving an eviction notice I believe the fee is £250.  However you will still be in the same situation as you have no funds to offer.   I cannot stress strongly enough that there is no guarantee that a judge would consider giving you time to sell when you don't have the funds to pay even the normal monthly payments.

 

Also judges do have to consider both sides of the case which means that the lender's position has to be taken into account,  for instance the judge cannot make any alterations to the terms and conditions of your mortgage contract,  they can only look at the likelihood of the lender getting paid which is something you cannot do.

 

Please try and sort somewhere to live as it is more likely than not that the judge will have to grant possession to the lender.

I know this may not be what you want to hear but we have to be realistic I'm afraid.

[Cadbury10]

But I have no money to move into rented and would be homeless on the street, as would my pets.

Surely the judge would see that the lender has acted unreasonably and I cannot afford to lose my equity, which would also likely result in bankruptcy.

 

Surely its illegal to evict somebody, especially a vulnerable person, by force and changing the locks.

That would be dangerous for my mental health also and it is in fact the lender who have put me in such a vulnerable position

- Which they could have avoided.

 

They have refused any attempt to sort the situation out 

 

The mortgage was also mis-sold.

I thought judges were not in the business of making people homeless. 

[Ell-enn]

Judges don't want to make people homeless but they would find it difficult to see the lender as being unreasonable when all they are doing is asking for the money they lent to be repaid,  and there are no funds forthcoming from the defendant. 

 

I understood your family were trying to sort out somewhere for you to live?  you should pursue that option as a matter of urgency.  Once you have a roof over your head we can try and defend any eviction, but you need the safety net of alternative accommodation.

[Cadbury10]

And I now feel even more distressed

 

Can anyone help with this?

 

There are funds forthcoming, as I have my property on the market for sale - Can only do what I am capable of doing and they should have been more accommodating to assist me when I fell into difficulties - Due to circumstances beyond my control. 

 

I cant give them what I haven't got. My family are trying to help, but they have no money and have been refused a loan themselves. This is causing them distress too. If they hadn't obtained the possession order and caused me such stress, I would be in a better financial position than I am. I am shocked that any judge would discriminate against mental health in this day and age and cannot believe there would be no law they can use relating to severe financial hardship that would apply to my case. 

 

It is against the law to evict a vulnerable person. I am shocked that despite my efforts and situation there is not much chance of defending this? That cant possibly be right

 

 

[honeybee13]

Hi Cadbury.

 

I'm really sorry that you're going through this, but Ell-enn is our repos guru. I wouldn't contradict what she's saying even though I know you don't like what you're hearing.

 

You could ask for a second opinion from Shelter's helpline, for instance, but they may tell you the same thing.

 

HB