Eviction pending

[Willy Wonker]

Hi, I'm new to this site and have found some really useful information already.

My situation is dire to say the least and I feel battered and bruised by a ridiculous system!!

This may take a few minutes to go through but if there is anyone out there who has any suggestions or knows something that I could use to my advantage then I would be eternally grateful!!

Ok, here goes.

Bought my house when the going was good, put down a 10% deposit and everything rosey, took on a second business, borrowed against the house and then had a stroke so everything came tumbling down around me.

Go to court as in arrears and managed to pay the current plus the bit extra for 4 months but then lost the second business through the actions of my business partner who I am pursuing for what is owed to me.

Go back to Court and allowed to put house up for sale.....buyer found but when valuation done its less than is needed to clear the mortgage let alone the secured loan!!

Back to Court - Judge suggests to the lender that if they dont believe that the valuation information I have given them (copy of purchasers val report and estate agents valuation) the they should do one themselves and arranged to go back to Court early May.

They had their own val done which agreed with the info I had given them.

Back to Court, different Judge, didnt even let me speak more than half a dozen words when I started to explain that if the lender sells whilst in repo they will achieve alot less than I have agreed to sell for, taking into account current market conditions. Judge said that in the position of negative equity the lender has to have the right to sell. Eviction date to follow. Reveived notice last Tuesday eviction 8/7.

When I went up in front of Judge 1 (who told the BSoc to get the val done) I was being admitted to hospital the next day for a heart op. I had been claiming sick until then and obviously DSS dont pay for 39 weeks so arrears substantial by then. Went into hosp and unable to take up the new position I had been offered for a further 6 weeks this has now happened however.

So here I am negative equity, BSoc going to repossess. I still have the buyer interested (working in Saudi, returning home Sept 2009 so I was to rent until they wanted to move in) They are not aware of the repossession date, they know I am in negotiation with the lender over settlement figure. I may well be able to push them for an extra 5k but no more.

I have managed to drag together just over 10k but have not paid it to the BSoc as I feel it may just get lost and swallowed when the repo goes ahead. I think they will inevitably force me into bankruptcy which is what I wish to avoid at all costs. Its not the easy option as most people think although could be the only one left for me.

Any suggestions anyone? Is it worth another application to the Court, I'm just concerned that if I get the last Judge again I may as well not bother! He'll just not listen anyway.

Or do I just accept defeat and try to find somewhere quick to hide???

Thanks for reading!

[Ell-enn]

Hi there, I'm sorry to hear of your situation. Just a couple of questions so I can get a better picture and then we'll see what can be done.

 

How much of the arrears would the £10k you have clear?

 

How much is the negative equity?

 

Kind Regards

 

Ell-enn

[Willy Wonker]

Hi Ell-enn,

This is quite embarrassing, but here goes.

 

House valued at £200,000 so purchaser obviously reduced offer to that. I had originally accepted an offer at 235,000.

Outstanding mortgage £230,000 (including arrears). Probably going up as I write though! Original mortgage for £204,000.

 

Hope this clarifies the situation a little. I am back at work now and the majority of the 10k has come from earnings over the last 8 weeks, so I would hope that if the sale were to be allowed to proceed then by the time it completed I would be in a position to make up any shortfall.

 

This all depends on the decision of the Court though.

 

Another bugbear would be that if/when they repossess I will be left with an even greater shortfall to meet....and for wht sensible purpose/reason??? Beyond me sometimes. The first Judge did see my point and stated that I was thinking/working logically....unfortunately Judge 2 was having a bad day (in my naivety though I think I expected Judge 2 to have read up on my case and have some knowledge about it. He didnt, he worked with what he was given on the day!

 

Thanks for taking the time to reply.

WW

[tonycee]

Hi Willy,

 

Sorry to hear about your circumstances.

Phew, full marks to you for not having given up by now.

 

Anyway, welcome to CAG.

 

Ell-enn is a diamond and will help you to the end.

 

I just want to offer my support and say that there is always hope, i stopped repo the day before eviction once.

 

Can i just ask if the secured loan is with another lender as although its important, its not important to you court claim.

 

Whats important now is, after you have paid of any amount of the arrears, are you then able to meet your monthly payments, plus a little extra towards the arrears now that you are back at work.?

 

If you want to accept defeat, then run and hide, then i will not waste anymore of your time.

 

If you want to stand and fight, then we are all here to fight with you till the end.

Edited June 28, 2008 by tonycee
cant spell

[Ell-enn]

Hi there, please don't be embarrassed, have a read around the repossession and mortgage forums and you will see there are many people who have been in a similar position. We are not here to judge you - people have financial problems for all sorts of reasons and our aim is to offer help and advice not to criticise.

 

Now, as TonyC says - if you want to stand and fight the eviction we will do all we can to put together a defence for you. However, if this is what you want to do you are going to have to pay the £10k you have immediately. Remember, you will have to use the money anyway if there is a shortfall, and it would obviously be better to reduce the amount owed before sale.

 

You are in a better position now that you have a job and would be able to make payments until the sale completes in September (not that long away!).

 

Just let me know what you want to do and we can get started.

 

Kind Regards

 

Ell-enn

[Willy Wonker]

Thanks both for the replies.

No the secured loan is with Black Horse who in all fairness (good or bad) have left me alone. I know that this isnt forever but it has allowed me to concentrate on the principal lender problems.

I am so angry about all of the stupidity that surrounds cases like this. After I "lost" at the last hearing I contacted Shelter who basically advised me to give it up and let the BSoc suffer the loss. I had to agree with him that should I have appealed the Judges decision then it could have been costly and maybe the costs would have been a waste as would another Judge go against the previous one?

Anyway, getting a bit off the point there....I so want to win this battle. People do suffer setbacks in life, and I feel passionate about making a stand against these institutions who couldnt care less if they repossess my home, throw me into even more serious debt and force me into bankruptcy.

I have been told that the BSoc has a responsibility to their shareholders and that by repossessing they can claim off their insurance for the shortfall, so they will not lose out. I guess this is the case and then the insurance Company will come after me.

I do see it from both sides, I have tried to get he best solution for all but seem to be hitting a brick wall.

I live in the sticks in a small town where the Court only sees about 4 cases a day. It seems very hit and miss with what Judge you get, and it comes down to them!

 

In summary, yes I want to fight them to the end!!! I am a single parent of 3 children and not prepared to give in until its over!!

 

Thanks again,

looking forward to your replies and advice.

WW

[Ell-enn]

Hi there, we're going to have to do some work on this over the weekend if your eviction date is 8th July. You could really do with a judge in a court that is used to dealing with repossession cases on a daily basis. I'll check out the possibility of having it heard in a different court (not sure about that).

 

I'm afraid I'm going to have to ask a lot of questions but it's necessary to get a defence together. If you don't want to give details on the open forum you can send me a PM.

 

1. The reason for the arrears: as I understand it - a loss of business(es) coupled with ill-health. Do you have any medical proof of your condition/operation?

2. How much is the normal monthly payment and how much can you afford on top of that towards the arrears each month?

3.Do you have a copy of the offer from your buyer?

4. What ages are your children?

5. How soon can you pay the £10k ?

 

There are a couple of case laws we can use in your situation which are relevant, but we will also have to have a convincing plan for the next couple of months until your sale goes through.

 

As soon as you let me have answers to the above I will start to draft your defence.

 

You will need to download a N244 form from Her Majesty's Courts Service - Home select Forms and Guidance from the menu on the left hand side and enter N244 in the box. Download the form and print it out I will then walk you through it (unless you've done one before?)

 

Kind Regards

 

Ell-enn

[Willy Wonker]

Hi Ell-enn,

I will PM you with all the details this evening. Thanks for taking so much time for me, it really is appreciated.

Thankyou

WW