Eviction imminent, please help!

[ninethlife]

I asked at the Court Office about Duty solicitors and they said they don't have any - perhaps because it is a County Court? Is a "legal adviser" something different? Something the court will have? At the possession hearing, there was a rep from the CAB.

I've re-read all the posts tonight, to make sure I haven't missed any important points. NS thought I would need to pay about £300 over and above the mortgage. Others have calculated £215. Ell-enn, you have seen my I&E form - is 215 enough? I don't want to lose for the sake of £85!

On what basis could I apply again for another hearing, before the 7th, if my offer is not accepted? I know I'm fretting, but I need to feel I can try a Plan B as a last resort. Thanks again. NL

[ninethlife]

A huge thank you to all of you who helped me to prepare in the best possible way for the court hearing today. The wonderful news is that i won my appeal and the eviction has been stopped. Ell-enn you kept telling me to stay positive - I should have had more faith - thank you! N.S you kept me focussed on the most important issues and I thank you so much. Everyone helped me to feel that I wasn't fighting this battle on my own - thank you!

 

The judge felt that what I was paying towards the arrears already was acceptable (as per the Norgan case) He confirmed that the amount of £215.00 would clear the arrears a few months before the end of the term of the mortgage. The other side's solicitor expressed concern about this amount being maintained if interest rates rose, which is where the projected I & E came into the equation. I was quite nervous and a little intimidated by the "serious" judge and the slick solicitor, so I didn't really hear all the details of the judgement, except that I have to attend a review hearing in 3 months - which the judge explained was to see IF I was able to pay a higher contribution to the arrears each month (assuming I had arranged a lodger by then). When I asked if that meant they wouldn't accept £215.00 after 3 months he assured me that if that was all I could pay, when the review came around, it would still be okay and wouldn't change the order.

 

After it was all over, I was kicking myself for not bringing up the subject of not having to bear the costs of the hearing - because the offer accepted was in fact the one I had made back in October, and because my appeal was successful. I didn't have the courage to broach the subject. I also wanted to find out if Mortgage Express were allowed to continue to charge my account £30.00 for having no "arrangement", even though the past 4 months I'd paid them MORE than the previous arrangement. Not sure if I should write to the court about this concern, or wait until my review hearing. It seems small now, but every penny counts - now and even moreso in the future.

 

I am exhausted from the days events but elated as well. I haven't been able to stop smiling, all day. For the first time in 2 1/2 years, the pressure has lifted. I have told everyone how amazing your organisation is - a true life-saver. I can't say thank you enough.

[newstarter]

Thats great news im glad it went well,congrats,however thats the easy part over with,the hard part has just begun,keeping the roof over your head.As for the charges (1) a letter of complaint,(2) a S.A.R,then a request for all unfair charges to be refunded to your account.If you get no joy then its a full written complaint to the F.O.S requesting that they look into your complaint.Im sure you will be fine but dont miss any payments and keep to the agreement,i know money is tight,but hey nowdays who,s money isn,t?Good luck for the future,its up to you now.

[Ell-enn]

Hi, that's great news - well done When you are notified of the date of the next hearing we can put together a statement with proof of payments being maintained and also bring up the issue of legal costs.

 

Hope you can relax a bit now

[dave121]

Well done NL.... ive just had a result too see spml ascenden

[ninethlife]

Hi, that's great news - well done When you are notified of the date of the next hearing we can put together a statement with proof of payments being maintained and also bring up the issue of legal costs.

 

Hope you can relax a bit now

 

Hi Ell-enn, I have taken a break from the CAG website for awhile. I think it was all so intense that it was necessary to put all the stress behind me and not think about the issues for awhile. A short-lived reprieve though as I am due back in court on Tuesday for the "review hearing". To be honest it is horrible to have it all brought to the fore again. I have to re-do my budget over the weekend because various bills have gone up - electric, gas, water.

 

I haven't been able to let my downstairs room yet. Believe it or not, the day after my hearing, someone threw a brick through my car window, whilst parked on my drive. Then a week later someone threw bricks through both windows of the "potential let" room. I suffered a lot of vandalism a few years ago but hadn't had an incident since May 2009, then suddenly, as if to make me question my long struggle to stay here, I had these two incidents in a row. I have a potential tenant lined up for August, by which time I hope I've had no further trouble.

 

I would like to contest the adding of the court fees from my orginal court date and thinking of that makes me expect they will probably add the fees from the review hearing as well. It seems so very unfair when I have been paying the agreed amount long before the actual court summons. Any suggestions for me? I thought of putting the request in writing to the judge? The mtg company have refunded 7 lots of £30.00, which they were charging every month whilst there was "no official agreement" in place but I haven't delved back into history to see if I should have asked for other refunds. As I said, I just needed a break from the battle.

 

Any advice would be appreciated. Many thanks,

[civilguy]

Hello.. have you managed to sell your house?

[ninethlife]

Hi civilguy, no I've not tried to sell our home yet, seem to have survived the mortgage company's action and hope to remain here for awhile. Can't believe how many people have visited this thread! Hope my experience was helpful to others in a similar situation. I couldn't have made it without the generous help from CAG.

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.