Hello Well its been a while but I am now in need of very very urgent help please. I have an eviction notice for 1.30 on Monday 17th January on behalf of Birmingham Midshires after missing 3 payments after a cancelled eviction in October due to money not coming very well but still going out. My personal circumstances have changed since I last posted, in that I split from my husband and now have a new fiancé. My health is still not good (registered disabled). I have 2 children (15 & 16 both in f/t education)My fiannce has been clean for 2years. I have contacted the national debtline & have a hearing on Monday at 10 to try to stop the eviction. I have offered BM £500 plu january payment when due on 31st jan, and my fiancehas said he will pay the mortgage plus £50 towards the arrears from his salary. Finally today they told me they want £1418 to stop the eviction. I haven't got this amount & no family, friends, credit to put it together. I have been to the council to apply for help from the fighting repossession fund. BM returned the MI2 form on 31/12, this decision is being chased. HELP PLEASE

Hello Well its been a while but I am now in need of very very urgent help please. I have an eviction notice for 1.30 on Monday 17th January on behalf of Birmingham Midshires after missing 3 payments after a cancelled eviction in October due to money not coming very well but still going out. My personal circumstances have changed since I last posted, in that I split from my husband and now have a new fiancé. My health is still not good (registered disabled). I have 2 children (15 & 16 both in f/t education)My fiannce has been clean for 2years. I have contacted the national debtline & have a hearing on Monday at 10 to try to stop the eviction. I have offered BM £500 plu january payment when due on 31st jan, and my fiance has said he will pay the mortgage plus £50 towards the arrears from his salary. Finally today they told me they want £1418 to stop the eviction. I haven't got this amount & no family, friends, credit to put it together. I have been to the council to apply for help from the fighting repossession fund. BM returned the MI2 form on 31/12, this decision is being chased. HELP PLEASE

Hello Everybody What a difference a week makes, thanks to the advice & support that I have received here, I feel a lot more positive and am hanging on to our home....... As per Ell-en's advice I went to court on Monday, where Capstone didn't turn up but had sent a notification to their solicitors to say that we had come to a agreement. The Judge asked if this was so. I agreed. So the eviction is suspended. We have to pay CMI + £140.00 from 1st September. Today I received a letter from the solicitors confirming that the eviction is cancelled, so if they should turn up tomorrow at least I have that. So now ALL we have to do is keep to the plan!! Many thanks once again Kay

Hello Everybody Today I paid the £760.00 as I had promised. The lady on the other end gave me an Authorisation code. She asked why I had offered to pay them CMI + £140per month but applied to the court to pay £35.00 per month, I explained that when i filled out the form I had done so on a weekly basis. She put me on hold & then said that the payment plan was accepted and my first payment under the new arrangement is due on 1st September. She asked if I was ok to hold while she rang their solicitors to cancel the action, I agreed. When she came back to me, I asked if she could send me a fax to confirm that the action was stopped & that the ppp had been accepted, she said that there are 2 letters coming out to me, one from them to confirm & set out the details of the ppp and the there one will come from the solicitors to confirm that the eviction is stopped. I tried to persuade her to do a fax but she wouldn't budge. Therefore I will follow your advice Ell and go to court on Monday with my paperwork and proof of payment, just to make sure that all is ok. Thank you for all your help & support, it is appreciated, and through this forum I am also re-claiming bank charges under the hardship clause. I have had a couple of forms come through so i guess there is more reading for me to do . One thing I have had re-enforced is always always talk to your mortgage lender, no matter how bleak it looks, and follow the advice given here, it works! Just gotta keep to the plan now!! Regards K

Evening All Well I am feeling a lot happier tonight than I did this time yesterday.... I rang Capstone to check that they had received my fax, which they had but he wasn't sure about my budget sheet, i had done a lot of the workings out weekly & they talk monthly. So i redid the budget sheet and on the fax header page repeated my offer (again). I rang back again to see if they had received it ........the guy said he'd check if it had come through. I was on hold for ages, but then he came back & said that my proposal had been accepted I asked if he would put it in writing, he said that they would do that after I had paid on Friday........ So I think a good result, now i just have to keep to it & hope that they actually tell the solicitors to stop the action. Am I best of going to court still on Monday? Many thanks Kay

I also think we are probably in negative equity.

Yes I can, as I said to Capstone this morning, I worked the plan out on the premise that we WOULDN'T get help. It wont be easy but ........ I have looked briefly at Mortgage Rescue but I am not sure if we would qualify.. I have also just being looking at Shelter's site and they say on the pre-action protocols that if the lender refuses a ppp then they have to notify in writing within 10 working days.......I did put a plan forward on 29th/30th July and haven't had a letter........does that help me at all? Kay x

Ok thanks Ell One thing though, when I went to dwp about my esa, she showed me my screen & on there it showed that i had been turned down for mortgage help..... I haven't had any letter though.......but I haven't chased it because I felt that a "maybe" was better than a "no", what do you think? Kay x

sorry .......it is on Monday 17th

sorry its monday 17th

Evening Everybody Well a hectic day, not sure how far I have actually got but........ First thing this morning I rang Capstone and was told that my payment plan had been refused......she said that she was concerned that i had recently done 2 payment plans, one showed a minus income against outgoings, but the second one showed some disposable income. I explained that the first one had been done on the phone with no preparation as i hadn't prepared a budget at that point and I said several "no this isn't right I cant remember the figures": the second one was done with the help of National Debtline & took me most of the day and was accurate. She said she was concerned that if DWP didn't pay then the plan would fail and that was probably why the managers had turned it down. I explained that I had done that plan on the premise that DWP wasn't going to be paid......I also told her I will pay a further £760 on Friday which by my calculation, with the £500 I paid at the beginning of August, would bring my account back in line with the court order. To which she said "No, the court order was set in December and you have only paid May's payment" I said " I was told it was June & July only" but no I haven't paid Jan, Feb, Mar,Apr or Jun:( I explained that it was because I hadn't had any money, but now my money was sorted I could now move forward and pay as per the ppp. On that basis she said she would put the proposal to the management again and could I fax some proof of benefits. This I have done. She said that the total not paid since the court order (suspended repossession) is £2037, so when i pay £760 on Friday I am still £677 short of clearing the back arrears. I also went back to the court today, as they wouldn't accept my application because I had copied the proofs for the fee exemption.......I now have a date for a hearing on 15th Aug at 10o'clock for 5 mins. There is still no sign of anything from DWP and I have rung and explained (again)because the way the capstone lady spoke it was that unless the DWP pay they are going to press ahead with the eviction and i said that i haven't got any faith in the dwp as they have lost my claim 5 times and there is no guarantee that they will reply by the 19th, which is why i have made my proposal on the basis that they dont pay...... So what do you think? Regards Kay

ok.......i'll ring them in the morning.....shall i ask what figure it will take to stop it? Before i say what i am offering? I have said in my application that i will pay cmi + £140....... Again thanks Kay x

ok...so am i best to ring capstone again tomorrow to try to get the eviction stopped? And what is the best way to get them to cancel the eviction? I should be able to pay some more money to them on Friday........i basically missed 2 payments after the original court suspension of possession.......which comes to £750...... this months' payment with the new extra monthly payment that i proposed is £513........i paid £500 2 weeks ago so if i paid £760 i would be up to date........i should be able to do this on friday..........what so you think? Again thanks Kay

Hi Thank you for all your support, it helps right today i went to the court to get a hearing date......and was told that they hadn't received my n244 etc........it was hand delivered, the lady also said that the other side's solicitors had rung them........and that she couldn't accept the copy that i had with me as they were copies of benefit letters. So I am going back tomorrow with the original benefit letters. I was told that my hearing would be next Monday.......... I have also had a letter from Capstone saying that they have received the eviction date and i was to comply with the terms set out...no mention of my last offer of payment plan .......just saying even at this late stage they would rather not evict me/us.......i am planning on ringing them tomorrow but hopefully i will have advice from here as to the best things to say to get it stopped........please! Kay

Thank you for your words of support and good luck with your claim