Eviction Warrant for 2nd time - PLEASE HELP

[MelDo]

Hello Forum,

 

I have today received a notice from MAS' solicitors telling me that are enforcing their Order for Possession.

 

The original suspended order was back on 2007 and I have struggled to make payments but have always kept them informed.

 

In August I fell badly behind with repayments and MAS initiated eviction proceedings under the original suspended order. Fortunately I was able to pay off the full amount they were then asking, but not the total arrears figure. That action was cancelled.

 

A new revised plan was put in place commencing on the 31st October. (Last Friday). Unfortunately I was not able to call on the Friday or Monday and called them on Tuesday (November 2nd) to make the first payment in the plan £1300.00. They told me then that the plan was in breech and that they would restart proceedings for possession. Despite this, I went ahead and paid the planned instalment on Wednesday (November 3rd) and made a further payment today (November 4th) of £200.00.

 

I have told MAS that I am able - though God knows it will be a struggle - to pay off the total arrears figure by the end of December 2010 and they still refuse to budge from their position and will not stop the action.

 

Because this is the second time in a few months I am convinced the Judge at the hearing (I intend to apply on an N244) will not be favourable. But I can prove my ability to pay off the full arrears and estimate that I will have possibly reduced them by half at the time of the court hearing.

 

I desrperately need help with the form and the statement/evidence to bolster my case. I have read a lot of the threads on here but not found one that mirrors my predicament entirely, although of course I recognise that everyone on here is also desperately worried.

 

Please if anyone can help I would be eternally grateful.

 

Mel

[MARTIN3030]

Welcome to the site.

Will flag this up for team.

[Ell-enn]

Hi there, I can help you with the N244 and the statement for Q.10 of the form. I will need some information before I can start to draft the statement.

 

1. Is the mortgage in your name only?

2. What is the total arrears figure they claim you owe?

3. What was the reason for missing payments from August?

4. Do you have any children living in the property?

5. Have you received an eviction warrant yet?

[MelDo]

Hi Ell-enn, many thanks, can I send to your private and if so how? If not I'm happy to do it on the forum.

[Ell-enn]

Unless the info you want to give is of a sensitive nature then it's best to do it on the forum. Are you worried about being identified by any of the info?

[MelDo]

Ell-enn, here are the details you asked for. Many thanks. Mel:

 

1 Yes, the mortgage is in my name only

2 As of today's date (4th Nov) the arrears figure is £ 3142.47

3 Payments weren't missed. Between July 19 and September 1 I paid a total of £ 1350, in seven payments. My brother and his family have moved in and are helping to pay the mortgage. I sent in an income/expenditure form along wth the proposed plan to pay £1300.00 monthly until March 2011 to clear all arrears and MAS accepted this. They are telling me that because the first payment date of the agreed plan was 31st October and I didn't call until Nov 2nd to make the payment, I am in breech and they have commenced the action. In addition to the payments aoutlined above I also paid £ 900 on October 1st.

4. My nephew (16) and my neice (18) live in the house. My nephew has special needs and is in receipt of Disability Living Allowance. He suffers with severe autism and specific learning difficulties and the ordeal of an eviction would be especially devastating for him.

5. What I've received today is a Notice in Accordance with Section 2(4) of the Mortgage Repossessions (Protection of tenants etc) Act 2010, from Optima, MAS' solicitor. It states that the Lender's Agent has applied to my local court for a warrant of possession on 3 November 2010. It further mentions that the order will only be executed after the end of the 14 day prescribed period.

 

I hope this is useful for you.

 

Thanks so much, Mel

[MelDo]

Ell-enn, I realised after I sent you the first message that the forum was probably the best place. Sorry!

[Ell-enn]

Hi, thanks for the info. Do you have a copy of the letter and income & expenditure sheet you sent them?

[MelDo]

I have a copy of the income / expenditure form and the letter we sent suggesting the payment plan to which they agreed. I have the letter in email form but not the I/E

[Ell-enn]

OK, you will need to print out the letter and take a photocopy of the I & E form. We use that as an appendix to the statement. Did MAS agree to the proposal in writing ? if so can you take a photocopy of that also.

 

I will start to draft the statement but it will be tomorrow evening before I can get it finished, but as you have not received the eviction warrant yet, you have plenty of time to get your application in.

 

I have affixed an N244 form and these are the instructions for completing it:

 

1. Your name

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except I Believe

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

n244_0400.pdf

[MelDo]

Thank you Ell-enn.

 

From your experience, what are your feelings?

 

Mel

[MelDo]

And yes, MAS did agree in writing and I have a copy.

 

Thanks

[Ell-enn]

Considering the original possession hearing was in 2007 and you have made consistent payments since then - the arrears are not a vast amount and you have agreement from the lender to your proposal then I cannot see the judge giving them possession. I am confident you will be OK.

 

If the only thing MAS are relying on is the fact that the first payment under the new agreement was a day or two late (I assume you have an explanation for that?) - then they are not going to persuade a judge to give them possession.

 

Stay positive, it will be OK.

[MelDo]

Ell-enn, many thanks, again.

 

The payment was missed on Friday 31st October because my brother's wages were delayed on that day and did not appear in his bank account until the Monday. I was working away all day on Monday and not able to contact MAS so my brother called to make the payment as soon as he knew on the Tuesday. He was so shocked by their reaction that he didn't know whether or not topay the instalment without talking you to me first. He did, and we agreed to stick to the plan and he made the payment yesterday (Wednesday)

 

With regard to the payments I've made since 2007, I have made them as often as I can, I'm not sure they would call them consistent as they told me that the arrears amount had only reduced by about £30 since 2007! The new plan was accepted because of the significant change in my circumstances since my brother's involvement.

 

Regards

 

Mel

[MelDo]

Hi All, is there an average or typical timescale for bailiff's to issue an eviction date following a BS's solicitor's instruction to proceed?

 

Thank you

[Ell-enn]

Hi, when the solicitors request a warrant it can take a few days for the court to issue it (it can even be a week or more depending on how busy they are) - when the warrant is issued i.e. delivered to you - it usually gives 14 days notice (sometime longer, I've known it be 21 days).

 

I will try and finish your statement tomorrow, as you haven't had the warrant yet we're OK for time to get the application to court - if you take it in before you get a warrant the fee is £75 if you wait till the warrant is delivered the fee is £35 and you should get a hearing within a few days of taking it in.

[MelDo]

Ell-enn, thank you so much for this info. Have a peaceful night.

 

Mel

[Ell-enn]

Hi there, I'm almost finished your statement - how much is your normal monthly payment and how much are you paying towards the arrears each month?

 

Have they added any arrears charges to your account ?

[MelDo]

Hi Ellen, the normal monthly subscription is £617.88 and the agreement we just set up was for £1300 per month comencing Oct 31st for 6 months, producing a net figure of £ 682.12 per month towards clearing the arrears.

 

I do not have any details of the charges they have added to the account. Should I ask for a breakdown from them on Monday?

 

Thank you

 

M

[MelDo]

I should add that since they re booted this back into the solicitors' hanfs last week I have paid October's payment of £1300 plus and additional £ 200 and will be paying a further £ 800 in three instalments before Nov 15th. I have put together a plan that clears the full amount by 31st December INCLUDING December's subscription of £617.88. It's properly hard but is achievable.

[Ell-enn]

That's far too much to be paying towards the arrears - I've no doubt the judge will halve that amount !! Did MAS suggest the arrears should be paid over that short time ???

[MelDo]

Hi Ell-enn, do you mean the £ 1300 per month for 6 months or the fact that I aim to pay them all off by end of December?

 

MAS accepted the £1300 offer for 6 months but rejected the subsequent offer to clear all.

 

M

[MelDo]

And the short timescale of 6 months for the £1300 was my idea as I was scared by the threat of repossession - ironically!

[Ell-enn]

Please think about revising your offer - I see this so many times, people offer an amount they think the lender will accept to avoid further action, and the greedy lenders jump at these offers as it gets the arrears paid back quickly.

 

If we say in your statement that you offered a large monthly arrears payment because you were frightened you would lose your home I'm certain the judge will agree a lesser amount.

 

You should not be paying the arrears over less than 12 months, unless you really do have that much disposable income. Also, you need to accrue funds for household emergencies and higher winter fuel bills.

 

I have affixed the budget sheet we normally use, try filling that in and see what you have left over to pay towards the arrears (it calculates automatically as you fill it in). Remember the amount you can afford to pay towards the arrears each month is the amount left over after everything else has been accounted for.

Budget%20Sheet(1).xls

[MelDo]

Hi Ell-enn,

 

Thanks for the spreadsheet. I'm filling it in now and waiting for a couple of confirmations of figures. Shall I send you a copy?

 

Mel