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Eviction notice from Citifinancial


slimtrader
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I have posted earlier about a pendin eviction notice from mortgages plc,but i have had an eviction notice from citifinancial on my secured loan.Again i had a suspended in feb/06 and having been paying this but mised my last payment,a bailiff has issued me with a eviction dated 8/12.I spoke to the lawyers and was told if i pay off the arrears the eviction will be cancelled the amount they say i have to pay is 4500 pounds.The amount of the secured loan is 50k .I have managed to raise 3500 and have asked the lawyers to approach citifinancial to see if they will accept but today i recieved a yearly statement from citifinancial and it states

total payment overdue 1932.84

principal 48700.74

interest 1382.11

fees/late charges 1951.55

 

so my actual arrears are only 1932.84 the rest is charges,am i liable to pay these charges now as these arent technically my arrears and if i pay the 1932.84 would this not clear my loan arrears and null and void the eviction

thanks for any help

 

nathan

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They can not evict you without a possession order from the court. If you leave without the possession order they need not obtain a possession order and can go straight for sale order.

 

If they apply to court for possession you can rely on s.36(2)(b) of the Administration of Justice Act 1970 which allows the court to suspend the possession order for such a term as the court considers reasonable. If the debtor can repay with in the reaonable time no possession order is granted.

 

Under s8 AJA 1973 in exercising the powers under s.36(2)(b) the court only has to consider the sums payable in arrears not any term which may render the full amount repayable.

 

What amounts to a reasonable period will depend on the circumstances of the case and can include the whole remaining term of the mortgage as occured in Cheltenham & Gloucester v Norgan. This case also stated the factors the court will take into account when deciding what is reasonable:

 

Ability to make payments now and in the future

Likely duration of financial difficulty

Reason for arrears

The period of agreement remaining

 

So basically if you can show you can pay off the arrears over the remaining period the court will not order possession.

 

Have you actually put in a claim for the charges yet?

 

If not you can put in a counter claim when they put in the possession order.

 

Hope this helps

 

Zoot

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As Zootscoot posted, they can not evict you without a possession order from the court. Have they actually got one ??

 

If they have, then as it's such a short period to the eviction date, I would go to the court personally, armed with the statement, offer to pay the "arrears" immediately over the counter, and apply to have the eviction order withdrawn.

 

Then start the ball rolling to get your charges back as soon as you possibly can, this will put the account in dispute, and they cannot take further action against you until the matter is sorted.

 

Act fast.

Nil Illigitimus Carborundum

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