Urgent advice - eviction 7/4/09

[jansus]

I am asking this question for someone I am trying to help.

 

Eviction is next Tuesday and we want to try and stop it or at least postpone it.

 

Arrears are large £8000 but

 

MP plus a small mount of the arrears can be paid

There can be a lump sum paid which will clear 1/2 arrears

There is an offer of a buyer on the house

There is equity in the property.

The mortgage is on interest only at the moment so we can not try that angle.

 

 

My guess is to contact the lender Monday and make the above offer and then confirm in writing (email I guess as not much time). Quote the new protocol and ask for urgent reply.

 

What if they do not agree or reply on time ? Is there anything that can be done through the court at such short notice?

 

The person I am helping also has a pending claim with a bank for charges on a hardship basis and there is a chance he will get these monies but not before Tuesday.

 

Any help apreciated.

[Tawnyowl]

Have sent a message to Ell-enn.Very knowledgable in these situations.IRRRR am sure something can be done hopefully.Good luck to your friend.

[Ell-enn]

Hi Jansus, you need to take an N244 application to the court on Monday and ask for an urgent hearing!! I can help you with this if you need me to i.e. statement for Q.10 of the N244. If a lump sum can be paid to clear half the arrears this should also be done first thing Monday and proof of the payment will be needed.

 

If the MP + payment towards the arrears each month is possible then you should get the eviction suspended.

 

Let me know what I can do to help

 

Ell

[jansus]

I am going to speak to the person involved later today so I can find out more about the situation.

 

So I guess the double pronged attack first thing on Monday is the best thing - both the court and the lender .

 

I will also try and find out what happened at the last hearing and whether they defended.

 

Thanks for help I will be back later or they may post themselves

[jansus]

Hi again

 

have spoken to the person involved and they have agreed to go to the court monday morning and put in the emergency application.

 

Apparently the lender has included the arrears fees in the arrears figure.

 

He thinks he is ok for the wording and what he has to do but wil back later if we need further help.

 

Basically he only wants to buy time to sell the property himself.

[Dougal16T]

hello Ell-enn,

 

I'm the fellow Jansus has been asking for help for!

 

I've got the N244, but need to complete a statement to go with it.

 

I am exempt fees, as currently getting working tax credit.

 

Can take form to Court tomorrow so they've got it for Monday a.m.

 

Any help you can give will be VERY welcome!!!

 

Best wishes

 

Dougal16T (real name Howard!)

[Ell-enn]

Hi there, OK - I will need to ask a few questions before I can help with the statement -

 

1. I understand you are in a position to pay a lump sum towards the arrears - are you able to do that on Monday morning and get proof of payment?

 

2. How much are you able to offer each month towards the arrears in addition to the normal monthly payment?

 

3. Do you have proof of the offer on the house?

 

4. How long do you expect it to take to complete the sale?

 

5. Is the mortgage in joint names?

 

6. Do you have any children living at home?

 

7. Did you defend at the original possession hearing and what was the outcome?

 

You will have to send in a budget sheet with the N244 showing how you will be able to pay the extra each month until the sale completes. If you have not already done one, I have affixed the one we usually use. Remember that the amount you are offering towards the arrears should be the amount left over after everything else has been accounted for.

 

Sorry about all the questions, but I need to get the background in order to do the statement. I have visitors this evening so it may be tomorrow morning when I am able to do the statement if that's OK?

 

Are you OK with filling in the rest of the form, or do you need instructions?

 

Ell-enn

Budget Sheet.xls

[Dougal16T]

Good evening Ell-enn

 

 

I'll answer the questions in the same order....

 

1.It will not be possible to get that sum paid on Monday and get a receipt, it may take a further day (maybe two - it depends on my ex-wife!!)

 

2. £50

 

3. Yes, offer letter from agents

 

4. 4-6 weeks perhaps, but in reality unknown

 

5. Yes

 

6. No

 

7. Yes, and suspended possession order granted

[Ell-enn]

OK, do you want to say in your statement that you will be in a position to pay the lump sum - you will need to show something to prove that at the hearing.

 

I will make a start on the statement in the morning. Do you need help with the rest of the form?

 

Ell-enn

[jansus]

Ell-enn I think there may also be an issue in that arrears charges may have been included in the arrears figure.Could he bring that up at the hearing?

[Ell-enn]

Yes, absolutely - is there an up to date statement to corroborate this?

[jansus]

over to Dougal for the evidence:)

[Dougal16T]

Good morning Jansus and Ell-enn, and everyone else - I just want to say my sincere thanks for everything. I am afraid that it has all been too much for me, and I do understand that my ex-wife may be making the application for the eviction to be suspended.

 

Without going into too much detail, all I can say is that my ex-wife has done her level best to ruin my life completely.

 

I have decided to let the past go (I shall be out of pocket by less than I thought) and look forward to the future. I have a new lady who has been in my life for the last 2 and a half years, and we are now living together. She has been wonderfully supportive, and as a result of her help and assistance, I am claiming monies from my ex-wife along another path.

 

MY VERY BEST WISHES, THANKS AND KIND THOUGHTS TO ALL AT CAG, YOUR SUPPORT HAS BEEN EXCEPTIONAL. WITHOUT YOU ALL I WOULD NOT HAVE GOT THIS FAR.

 

A certain young barrister has been absolutely brilliant, and hopefully he may have some news for me this week from the High Court - we shall see.

 

As always

Dougal (aka Howard)

[Tawnyowl]

Did your exwife manage to suspend the eviction which was for tommorow.Good luck and best wishes for the future.Tawnyowl.

[Dougal16T]

GOOD MORNING EVERYONE

 

Firstly I would like to say how extremely sorry I am at my very poor reaction to your phenomenal help, advice, assistance and guidance - my behaviour was indefensible, and for that I beg your forgiveness.

 

I felt I was unable to deal with everything - and just 'closed down' for a day or two. That was until I had the kick up the a**e that I needed from you all and from a very, very good certain young barrister!

 

The news: DJ Robinson at Eastbourne County Court heard my application at 10.45 today (Eviction due at 12 noon), and suspended the Warrant for 2 months with leave for me to apply to further extend. He veered towards a permanent suspension pending the sale of the property, I believe this was because, I said " This is a case where a sub-prime lender who purchased the mortgage from another lender by acquisition of their company (GE Money acquired the I Group), and has persistently failed to respond to correspondence". Copies of my correspondence were provided by myself to the Judge with proof of receipt by GE Money.

 

He was not very happy with GE Money or my ex-wife (!!) - The reason for GE is their lack of response and failure to deal with my financial difficulties despite being on notice to that effect. He considered the possibility of 'rolling up' the arrears and adding them to the amount outstanding. He made no order for the arrears to be paid. Unfortunately for my ex-wife, this was the Judge who made the Order at the FDR, (which I am considering revisiting in the light of Myerson-v-Myerson, even though that is going to further Appeal), His view was that my ex should pay her half share of all bills, which he had ordered her to at the FDR, forthwith, and in any event he left the 'door open' for me to apply to him for an Order to that effect.

 

To all those out there who think that there is no hope of Justice being on your side, I say there is and even when it seems hopeless don't give up!!

(I almost did, and could have let down a great number of people - my motto will always be 'Remember it's YOUR money they're after!')

 

To everyone - many.many thanks

 

Especially to Jansus (you're a star), and Ell-enn (a very well-educated and and sensible lady, whose advice is priceless - make sure you read her posts!!)

 

All the best (and watch this space.......)

 

Dougal (aka Howard)

[vickson]

Good news Dougal

 

good for your for being strong and taking control of the situation, I am really proud of you.

 

Take care

[Ell-enn]

That's great news - well done for being so brave. Who dares wins eh??