Nemo - Repossession hearing please help***SUSPENDED***

[isoprox]

Hi Ell-enn

Since I had the letter to say they were going court no I haven't however I could start paying again at the end of this month when I get paid, so what do I do now, do you think there is a chance that the judge would grant them permission ?

[isoprox]

Hi Ell_enn

Can you please advise on the last post, sorry to be a pain

[isoprox]

Hi again

Just received a letter from my local council, saying that they have been contacted by nemo and stating that I have home repossession hearing on the 19/04/16 is this a standard thing as its all starting to sound like they are going to repossess us starting to get very worried now.

[Ell-enn]

It's pretty normal for lenders to notify local authorities of repossession proceedings just in case you need to go to them for housing. They are certainly going to court to ask the judge to allow them to use the old suspended order to enforce eviction. As I said in an earlier post, you will need to take a statement to the court a couple of weeks before the hearing asking for the suspension to continue rather than allow them to issue an eviction notice - it is very important you attend the hearing.

 

We can help you with a statement, but you are going to have to have a good reason for missing payments and proof that you can make - and maintain - payments going forward.

[isoprox]

Ok when do I take the statements to court, do I ask for a earlier court meeting or do I just attend the on the date they have set? If the court agrees and gives them permission can I do anything to stop the eviction ? I am really worried now

[Ell-enn]

If the court grants them permission to enforce the suspended order, they will then have to apply for an eviction warrant which you can oppose by submitting an application to the court for a hearing to stop eviction.

 

As stated in my previous post - 2 weeks before the hearing date will be ok to take the statement, budget sheet and any other proof of income to the court.

 

Ring the court and ask if there will be any duty solicitors in attendance on 19th April - if so you can get to the court early and approach them to help you in the hearing.

[isoprox]

Hi

I have sought some free legal advise regarding the hearing on 19/4/16, apparently the judge will have no option to give nemo the possession order then they have submit a eviction order and it is the eviction where I add a defence and it is this that the judge can overturn, so really there is nothing I can do until after the hearing

[Ell-enn]

That's correct

[isoprox]

So when would it be best to draft a letter to the court after the hearing ?

[Ell-enn]

It would be best to wait for a letter from the court after the hearing, that way we will know the exact position.

 

Are you going to attend the hearing ?

[isoprox]

Hi

Not sure really, if it's a forgone conclusion is there any point in putting myself through all the extra stress, if I thought it would help my case then I would, I intend to start repayments this month and also the extra £100 that I propose to pay off the arrears and again next month so when I get the chance to defend the eviction then I can show that I'm back on track with my payment

[isoprox]

Hi Ell-enn

Just received a general form of judgment letter from the county court stating that on 19/04/2016 it is ordered that permission to the claimant to enforce the order dated 11/12/2008 out of time, but it has no dates on for a eviction date, what is the next steps I should be taking please help I'm worried that bailiffs will just turn up please help we are in a panic now

[Ell-enn]

Hi, the lender should write to you telling you if they are going to apply for eviction - you will then get a letter from the court telling you the eviction date. That is when you need to enter a N244 application at court asking for a hearing to have the eviction stopped.

 

 

Have you been making payments as per your proposal ?

[isoprox]

Not yet as nemo would not accept the proposal, nemo did send us a letter shortly after the hearing but it just said that we would here from the court in due course

[Ell-enn]

You should really have made payments while waiting for the court letter - it shows your are serious about adhering to your proposal and would help your case when applying to have the eviction stopped.

[isoprox]

Oh dear I hope this does not hinder us in stopping the eviction, maybe I should seek help and assistance when going back to the court

[Ell-enn]

You previously said you were going to make payments in March and April - did you keep the money to one side ? if so, you should make payment asap.

 

What help and assistance do you mean ?

[AndyOrch]

Hi Ell-enn

Just received a general form of judgment letter from the county court stating that on 19/04/2016 it is ordered that permission to the claimant to enforce the order dated 11/12/2008 out of time, but it has no dates on for a eviction date, what is the next steps I should be taking please help I'm worried that bailiffs will just turn up please help we are in a panic now

 

If they are out of time to enforce...how can they proceed to evict ?

 

Andy

[isoprox]

We are able to make them payments, I mean like a company that offers help with repossession

[Ell-enn]

You don't need to pay a company to help with your repossession, they will do nothing more than you and CAG can do and is a total waste of money (it's usually very expensive for what they offer!).

 

 

Make the payments - it will help your case and we will assist with all the paperwork.

 

 

What exactly is the wording on the court order - it is ordered that permission to the claimant to enforce the order dated 11/12/2008 out of time this doesn't seem to make sense - can you please post up all the wording

[isoprox]

I can send you a picture of the letter ell-enn if you like

[Ell-enn]

Hi, you can send it to Ell-enn@consumeractiongroup.co.uk (there is no space between the c and o, the site just shows it like that). Let me know when you have sent it so I can look out for it.

[isoprox]

Hi

Sorry about delay, just sent it to you, thanks for your help

[Ell-enn]

Hi, you were right - that's all it says ! If you read it correctly it looks like permission has not been granted by the court to re-instate the SPO as their application is out of time (i.e. over 6 years). If I were you I'd ring the court to check that's what it means and we'll take it from there.

 

 

If it is correct, then the lender will have to instigate possession proceedings right from the start again instead of applying for an eviction.

[AndyOrch]

Hi, you were right - that's all it says ! If you read it correctly it looks like permission has not been granted by the court to re-instate the SPO as their application is out of time (i.e. over 6 years). If I were you I'd ring the court to check that's what it means and we'll take it from there.

 

 

If it is correct, then the lender will have to instigate possession proceedings right from the start again instead of applying for an eviction.