SPML-CAPSTONE Eviction TUESDAY 9th Sept 2008

[Ginges1973]

Really sorry to invade your place but having read a few threads I thought I could pick your brain.

 

Myself and family are being Evicted this Tuesday 9th Sept 08 at 12.30 and have a hearing at 10.30 which is scaring the hell out of my wife as with me too but I'm trying to keep together for my families sake.

 

I have done loads in the last 3 weeks since the bailliff came and delivered the dreaded letters ie been to accommodation concern who made an appointment with the council housing options.

 

They gave me a choice to either apply for temporaily accommodation or they would give me help with credit reference fees and deposit bond also 1 months rent from the rent assist scheme.

 

I have found a lovely house for less than what my mortgage was and the land lady was very welcoming but we cannot move in till Monday 22nd September as she's moving to Canada. We have a 2 year agreed term with every 6 months we can opts out from our end.

 

Now this started 2 years ago when my wife was at university ( now just qualifed as an Occupational Therapist and been in her job 4 weeks ) and I was supporting us all as a plumber which turn sour when all the work started drying up.

 

We have tried upon tried to pay what and when we could. Also my mortgage went from £665 to £995 even then we owed £3500 in arrears and could not get another mortgage at all.

 

Total amount owing in arrears is £10750 mortgage was for £103500, house is on market for £114950 but told I'l only get £105000 from a cash buyer, tempted as it will mean a smallest debt to owe.

 

I'l be doing a mortgage charge refund claim as soon as this is over and still fired up.

We only want to stay in this house for another 4 weeks so our belonging and pets are safetly tranfered to our new house and used the extra 2 weeks to get the house sold.

 

I haven't told the kids as I am protecting them from all this and its killing me.

 

Lots of stuff here for you to read and I am so sorry its late.

 

Even the smallest advice will be gratefully received.

MJP

Edited September 8, 2008 by Ginges1973

[Ell-enn]

Hi there, I'm sorry to hear you are in this situation, but glad you have found a house to go to.

 

OK, we can do a statement for you to take to court to give to the judge. Just need a little more info:

 

Do you have any evidence of the new property rental? agreement etc?

How old are your children?

 

Kind Regards

 

Ell-enn

[Ginges1973]

Hi Ellen, I will have a copy of it tomorrow fromthe letting agent and a letter from them to say I have been looking and was let down by another letting agent because they found out the landlord couldn't legally let her house till December.

My children are 19 15 and 7, they are unaware of whats happening and think moving to this new house is one big adventure which I am pleased about.

My wife salary had jumped from 8500 to 22000 and my work has been getting busier but with all this looming I have been picking and going from place to place to finalise everything.

I have made my wife go to work and advised her to go on Tuesday as I am a confident kinda guy so I feel I can keep my cool in the court room.

We haven't got anywhere to store our stuff, my tools/materials also our pets to.

No-one in our family know about all this as they won't understand how we could get into this mess.

I have just sold my van so I can pay the deposit and a couple months rent in advance as we failed the credit references and I know the judge is going to ask why we haven't paid anything to the mortgage company.

I feel that if they are going to take my house from me I may as well used it to rent somewhere.

Hope this helps.

MJP

[Ginges1973]

Also I have edvident of the house on the market and how many folks have looked at it.

[Ell-enn]

OK, just one last question - is the mortgage in joint names?

 

I will draft the statement in the morning so if you can let me know asap what paperwork you have for the rented property and estate agents I can finalise so you can print out.

 

I will be on line during the day tomorrow and will get notification of your post.

 

Try not to worry too much and stay positive, we will do what we can.

 

Kind Regards

 

Ell-enn

[tinkerbell20]

subbing

[Ginges1973]

Hi again...The funny thing is I am a beleiver inevery cloud has a silver lining and this will be our fresh start but a damn scarry way to start it.

It is in joint names, and i'll everything to hand by lunch time.

I do appreicate what you are doing for me an I feel every little helps.

I'l leave you in peace till tomorrow.

Regards

MJP

[Ginges1973]

Subbing?????

[Bona]

I think you need to be prepared to ask the Judge to grant you and order under theLaw and property act section 91 for an order that you have conduct of the sale of the house for say 3 months before he grants repossession there is case law to allow this

[Bona]

This meens that he gives you time to sell even if there is a short fall you can go back to the court and the court can make Capstone agree with the sale

[Ginges1973]

Initally I only need 2-3 weeks to move from my present home to the new one, however to be granted more would be a blessing indeed.

If I mention Property Act 91 as I beleive Ellen has used for someone with a baby and was granted 21 day plus the 14 days eviction notice then I'd welcome that however I am concerned that if I was incredibly lucky to get 3 months would I still have to make payment for the Mortgage as well as the rent I'll be paying to the letting agent. As feasilby its not possible to make both payments.

I have 2 people looking at my house today so if alls well I'd get someone interested.

The only thing that worried me is that if the judge sees that I've not made any payment for quite a while as our car was playing up and my wife needed to get to her university placement in order to complete her degree we had the car repaired at £750 only to have that repossess 3 weeks after it was repaired. with what we had coming in we only had about £350 per month after food and travel to work / uni for the mortgage that County Judge will decides that enough is enough and grant possession to SPML as I've made no effort.

I will be honest and say I have on a number of occasions offer between 550 to 800 and was told it was 1250 or nothing which I found bloody silly as what i offered would at least brought the interest down a tad.

MJP

[Ginges1973]

Just another note I filled in the N244 form on the day the bailiff came out but haven't put down enough as I kind of panicked a bit.

But I am gathering all the proof I have ie sale of house, Rental Agreement for our new home, Council helping with the Rent Assist Scheme and a list of dates of what I have been doing to prove I haven't sat around wallowing in self pity as alot of this it down to being victims of circumstances out of my control and also suffering extreme financial hardship trying to protect our kids.

[**Tilly**]

Hi Ginges

 

Have just read your thread,really sorry to hear what you are going through would just like to wish you good luck for tomorrow and fingers crossed on the viewings.

 

 

 

 

 

Tilly

[Bona]

If you were granted an extension of say three months it would probally be subject to you paying, if the date for that first payment was at the end of this month and you found you could not pay then they would apply to the court for warrent of eviction say a week end ist weeek in october then the bayliff would give yopu 14/21 days end oct but you must try to make the payment if you can afford it after you have paid your rent;)

[Ginges1973]

I think that would be ok to do and what you've said makes sense.

I will have some money left every month when we've moved in to the new house and will sit down later with my wife and see what we can feasilbly afford. my monthly mortgage is 995 plus 250 arrears clearence but even without looking at what I'l have spare it would only be 600 after everything going out.

Its is something to think about and will definately be doing that.

Many Thanks

MJP

[Ginges1973]

Hi Tilly thanks for your best wishes...

This site is a god send and I'l be certainly donating when I'm settled.

 

MJP

[stephie12345]

hi,

just read through your thread, really, you're an amazing person to be able to see the positives that will come out of this...a new beginning etc...i'm just so sorry for you that you're having to go through all this to get there. I'll be thinking of you in the morning, all the best to you and your family.

[**Tilly**]

This site is a god send

 

MJP

 

 

 

It certainly is, it kept me sane and helped me no end over the last 4 months,

the support on here is fantastic, good luck with your new beginning and fresh start, believe me it feels good.

 

 

 

Tilly

[Ell-enn]

Hi there, what exactly did you put in Q10 of the N244. It's a shame we couldn't have done it with all your evidence - requests etc so's the judge had a chance to read it beforehand. However, if you get to the court early tomorrow ask the usher if they can put your statement in front of the judge before the sessions start.

[Ginges1973]

I have a letter from the Letting Agent Stating that I am moving into the Property on Monday 22nd September 2008 at 12 noon.

 

She couldn't do an agreement as that won't be ready till Thursday as they are certain procedures she had to follow and said she had bent over backward to get this far which I am aware of bless her.

 

As she is a letting Agent she wants me to go on her books as a Property Maintanence Person so work will come my way soon from there.

 

I have the agreement form from Connells Estate Agent which says what I've agreed to sale the house for and was advised to put it up for in excess of 105000 as 114950 wasn't generating any enquiries.

 

Since doing this I have had 6 people look at the property in 3 days. So it is attraction attention.

 

I put in the N244 form that I require a little more time to find somewhere and also that I don't want to discrupt my 7 years old son's education and my 15 years old Daughter's GCSE which she is studying for as of last week.

 

I will be at the court about 45 mins before the hearing to meet a lady from court advisory team who I am aware is very good at what she does.

 

I have a copy of my wife contract of employment which state her salary and what she does.a

A

t the minutes she is not enjoying her job as she feels its her fault cos she wants to better the family lifestyle to which I disagree as being an Occupational Therapist had help us get the rent money and deposit together.

 

God I don't half ramble on abit but need to put across as much infomation down so you know what going on.

 

MJP

Edited September 8, 2008 by Ginges1973
incorrect gramma

[Ginges1973]

hi,

just read through your thread, really, you're an amazing person to be able to see the positives that will come out of this...a new beginning etc...i'm just so sorry for you that you're having to go through all this to get there. I'll be thinking of you in the morning, all the best to you and your family.

 

 

 

Hi Stephie12345

 

Many thanks for your kind words....

 

In all of this I have helped other in my area by donating all our old clothes and bedding ( all freshly wash ) to accommodation concern who pointed me in the right direction ie council housing option team CaB.

 

Who were honest enough to say what will happen if tomorrow takes a turn for the worst instead of painting over the crack and giving me fault hope.

 

Plus they have invited me to there AGM as a user to promote their service which I'll be more than happy to do so.

 

But above all my wife and children will be able to enjoy life that little bit better as I won't be struggling to get that pizza, macdonald cinema tickets etc plus my wife can soon enjoy what she spent 5 long years training to become and she damn well deserved it.

 

I am not going to be push into a corner by BIG COrPORATE COMPANIES with bully tactic cos I made mistake in the past so between all of us on CAG we will help those who are not sure to have the confident to kick these bu$$ers up the back side and give them a taste of there own medicine.

 

So anyone reading this there is hope out there but you have to root it out and apply what advice is given to you.

 

Take care Stephi12345:D:)

Edited September 8, 2008 by Ginges1973
another gramma error lol

[Ell-enn]

Hi there, affixed is the statment for court. You need to fill in the details where indicated in brackets at the top of the statement and also where I have put XXX's.

 

On the Appendices, you need to write the claim number on the top left hand corner and the appendix number (as referred to in the statement) on the top right hand corner.

 

Affix the appendices to the statement and then make another two copies, so you have a set for yourselves, one for the judge and one for the other side.

 

Kind Regards

 

Ell-enn

Ginges Statement 8 Sept 08.doc

[Ginges1973]

Hi Ell-enn,

 

Many thanks for drafting this Satatment and having it official looking make it more important.

 

I will get all the relevant proof photocopied and attach together in the next hour.

 

I once again thanks to all that have had their input and especially to you Ell-enn. I will keep you all posted tomorrow and I am amazed by the help and advice I've been offered.

 

I even had someone I know that is a locksmith who said if all else failed he is willing to risked changing the locks so I can get back into my house after the bailiff have gone.....

 

Not entirely sure if this is the right way to do this but pleasing to know.

 

If it turn in favour of the mortgage people I am going to sleep next door to keep an eye on my property so all our belongings remain as they were till we have keys to our new home.

 

MJP

[Ell-enn]

Hi, if you have the support of someone from the court advisory team then together with your statemen you hae a very good chance of getting a suspension of the eviction.

 

I will be thinking about you tomorrow morning, please do let us know how it turns out.

 

Stay positive.

 

Kind Regards

 

Ell-enn

[Ginges1973]

Hi all,

 

I have completed copying and printing all the relevant paper work for tomorrow and gonna try and sleep.

 

Thanks Ell-enn for all you've done today it make my case look more organise and professionally presented.

 

I'll let you know as soon as I get home..

 

My wife keeps saying she take the day off but I'd rather she went and try to keep busy as I will be worrying how she'll be in there...

 

I'll see how she is in the morning and ask whether she still wants to come.

 

Chat tomorrow guys.

 

MJP