Being evicted twice on 25 March -**" Warrants cancelled" **

[Sodem Hall]

Hi everyone.

 

We were served with suspended repo orders on our main mortgage and our second secured loan in August 2009. We made some payments OK but then I broke my leg and was off work for 10 weeks. I am a contractor and therefore didnt get paid anything at all. My wife is on maternity leave but because she hadnt worked for her employer long enough she didnt get matenity pay and didnt qualify for stat maternity pay because of breaks in employment etc. We have therefore had to live off of the generosity of freinds and family. I am now back at work and have also been given a promotion which means more money and my wife is due to go back to work mid april (so money issues will be resolved)..

 

 

We have just received a repo order from Halifax, we are 2 months behind on our arranged repayments totalling 380.00, I have just contacted their solicitors and they say halifax want 743.00 to cancel the repo order, they say the arrears plus two months as a guarantee in case we fall behind again. The second repo order which is for the same time and date as the Halifax repo is for a higher amount nearly 1200.00 on arrears of the suspended order. They want the whole amount to cancel order which we cant do. We can clear Halifax but not the other. We can make very healthy payment from the end of the month of about 500.00 per week butthe repo is on 25 so need help. We have a 5 month old son and 2 dogs, the housing association have told us because of the demand we would only be offered a place in a hostel and this would cost us as much as our mortgages. Please help we dont want to lose our house now we are getting on a stable footing again.

 

Thanks

Edited March 14, 2010 by Sodem Hall

[Sodem Hall]

Can anyone help PLEASE, my wife has gone to her mothers as the pressure is getting too much.

 

Thanks

[Sodem Hall]

Starting to panic now, may lose wife, son and house.

[ukaviator]

Hi

 

When you say a repo order, i assume they have a final charging order and they have applied for repossession?

 

Did you go to court when all this was happening to defend the action by the Halifax?

 

How long is left on the Mortgage?

 

How much is the secured loan?

 

Any other debts?

[Ell-enn]

Hi there, are you ab le to make the payment on the smaller amount to stop the eviction? If so we need to get to work on an N244 application to have the larger account eviction stopped.

 

I'll watch out for your posts today and this evening so we can get to work.

[Sodem Hall]

Hi Ell-enn nice to speak to you again I just wish the circumstances were different. I spoke to Halifax's solicitors today and explained that the 380 which I believe is due is in the bank and can be paid straight away. I have asked for a breakdown of the default figures which halifax are pursuing. I can pay this all off before repo day, but then I wont be able to pay any off of the second mortgage. Is it better to clear one without paying anything to the second (I can understand going to court twice is twice as risky) but the judge previously was very helpfull and if I am disputing the additional cost is it likely he will side with halifax over 300 which I can prove can be paid quickly. As i mentioned earlier I am now back in work and my wife is due to go back to work next month so money wont be a huge issue. We are both stressed to the limit and want to get all the arrears paid off as soon as possible. (hopefully within the next 6-8 weeks), so we can get the orders removed.

 

Thanks

[Sodem Hall]

Hi ukaviator

 

We went to court initially and received a suspended order in August. Mortgage has 15 years left on it but with Halifax's charges etc we have nearly as much owing as when we started. Our mortgage is 18k and everytime we end up in court etc it costs us over 800 in solicitors fees. A lot of the problems with Halifax are that we make a payment into a branch and it gets credited to the account 10 days later. Our local Halifax has now closed, we bank with Lloyds who now own Halifax and asked if we could pay using their branch but they say they cant take halifax payments. We phoned halifax's 0845 no and asked for account details to pay over the internet but they were unable to give me the info I needed. So then I started posting cheques to Halifax PO Box no etc, I sent 3 cheques for Dec, Jan and Feb, but Dec was cashed and Jan and Feb vanished therefore in court again. Halifax isnt my main concern I am more worried about Endeavour who havnt received any money this year and will pursue this quite hard im sure. I have spoken to their solicitors and they are unwilling to entertain an offer less than full arrears. As I said previously I should be able to clear off all arrears within the next eight weeks or so, so it seems crazy that we may lose the house when things are getting on an even footing again.

 

Thanks

[Sodem Hall]

Sorry forgot to say the second mortgage/loan is for 30k with standard payments of 200 per month. So Halifax standard payment is 150 + 200 Endeavour Total 350 per month with approx 1100 arrears with Halifax and 2400 arrears with Endeavour.

[Sodem Hall]

I just keep remembering things SORRY, we have an ongoing FOS complaint running against Halifax for non payment of PPI which should have cleared any arrears and therefore would have saved us 1600 in solicitors costs.

[Ell-enn]

Hi, a few questions:

 

Do you have any paperwork re your FOS claim for PPI?

How much could you afford to pay at short notice?

Do you have proof of your earnings now you are back at work? and does your wife have any proof she is returning to work in April?

[Sodem Hall]

We have a complaint number on FOS headed paper. We will have 600 available this coming thursday and a further 600 the following thursday which is the day due for eviction. I have payslips from the agency showing my earnings to be 720 per week. The only proof my wife has is that her maternity leave is due to finish mid april.

[Ell-enn]

OK, I suggest you ring the Halifax in the morning and ask them if they will accept £600 on Thursday to cancel the eviction. Ask for a fax number to send them a letter and budget sheet showing how you can afford to make payments going forward and we can write a letter tomorrow.

 

I've affixed a budget sheet for you to complete. The amount you offer Halifax towards the arrears each month is the amount left over after everything else has been paid although you will have to split that with Endeavour - as Endeavour arrears are higher you should offer more to them each month.

 

If you can get Halifax to call off their eviction, we can get to work on defending the Endeavour warrant.

[Sodem Hall]

I will call their solicitors tomorrow (unfortunatly I dont have a number for halifax direct other than their call centre where they are no help and tell me to talk to the solicitors).

 

Thanks

[Ell-enn]

OK, ask them for a fax number to send them your offer letter and budget sheet.

 

I'll look out for your posts tomorrow, are you able to get on line during the day?

[Sodem Hall]

Difficult my office is all openplan so no privacy. I will try lunchtime. Please attach budget sheet and I will fill in before I fax off tomorrow.

 

Thanks

[Sodem Hall]

Should the offer letter just state how much we are willing to pay off the arrears etc.

 

Thanks

[Ell-enn]

Would you like me to draft a letter for you?

 

Budget sheet affixed now - it didn't attach to the previous post....

Budget Sheet.xls

[Sodem Hall]

Yes please Ell that would be great.

 

Thanks

[Ell-enn]

Here you go..

Sodem Hall letter 16 March 2010.doc

[Sodem Hall]

Thanks, I have sent to Drydens and am awaiting a response. They have said they need to pass to Halifax but are doubtful it will be accepted.

 

Thanks

[Sodem Hall]

Drydens have received my offer and have informed me that the default now stands at 554.88 (not sure where this figure has come from) and I will pay on thursday. I have got to get the cashier to phone Halifax H/O to confirm payment and they will then authorise cancelling the repo order. Unfortunatly it doesny give me much time to lodge a N244 if they dont cancel.

[Sodem Hall]

I dont appear to have any figures from Endeavour so not sure how much they are pursuing ie arrears. The only paperwork from them is notification of eviction date. How can I check if any costs etc have been added to the arrears and also know what figures to put on my budget sheet and defence.

 

Thanks

[Sodem Hall]

Have just spoken to Endeavour Solicitors and they havnt received notification of eviction yet. I think the court tagged it onto the Halifax one which had already been set for the 25th. How can a court issue two repo orders for the same time and same date. If the repo does go ahead who do they hand the keys to if both companies have the same time and date?. Seems strange to me.

Edited March 16, 2010 by Sodem Hall
spelling mistakes

[Ell-enn]

OK, lets work on the assumption that Halifax cancel their eviction order. You need to fill in gthe N244 for the Endeavour one and get it to the court tomorrow or Thursday - I can help you with that this evening if that's OK?

 

The budget sheet to go with the N244 should show how much you can pay Endeavour towards the arrears each month in addition to the normal monthly payment.

 

You will also need - confirmation of your earnings

Confirmation that your wife returns to work mid April

 

Ring Endeavour solicitors and get a fax number from them - then fax them the affixed letter: you never know, they might just accept your offer and cancel eviction. you could put as a last paragraph "should you wish to contact me regarding this letter please do so on (mobile number?)".

Sodem Hall Endeavour Sols letter.doc

[Sodem Hall]

All done. Their response is as follows, standard auto reply I think.

 

We write further to your email of today's date received in this office today and note the contents therein.

We are currently reviewing your account with our client once we receive their instructions on this matter we shall be in further contact with you.

Please be aware that due to security we shall respond to your email by post.