Eviction Advice

[rockyboy]

Hi all, I need some urgent advice please, I have an eviction date (first eviction) of 31st Jan.

We have arrears of £27K on our mortgage, I had a repossession hearing on 6th September last year where the judge suspended repossession order and we agreed a payment of £2400, our mortgage is £1400 a month (interest only) so extra £100 towards arrears.

Unfortunately I couldn’t make any payment until December when I made a payment of £1400 because I only started a new contract job in September and had to work several weeks before I got paid and also because I work under contract and get paid by an agency into my limited company account I have to arrange to pay myself a dividend to actually be able to use the money I earn.

I have now arranged regular monthly dividend payments for myself so between myself any friend we earn £7000 net a month.

I sent my payment proposal to Northern Rock end of December and have been waiting 3 weeks for a decision, I have chased them constantly but keep getting fobbed off by them saying our eviction isn’t a priority and they have lots of back log, the manager is meant to call me today sometime but I have told them I will be registering a appeal form (N244) with the courts this afternoon.

T he proposal I have sent to NR is a payment this month of £7500 and monthly payments of £4K – 5K each month moving forward.

Can some please advise what I should do, and what I should write on the form.

Also has anyone experienced similar delay tactics by Lenders.

Many thanks in advance for help!

[rockyboy]

P.S. I have contacted a specialist firm and they have told me they can write my appeal for me and are very confident of stopping my eviction, however they charge £995 and I have to pay this up front although it is no won fee but it still sounds a bit high, could any one please offer any advice, eviction is only a week away!

 

Many thanks!

[Surfer01]

Bump

[elzerbeth]

i have had problems with n rock or nram as they are now ell-enn and newstarter helped me so try sending them a private msge on here asking if they could advise im not clued up enough to help you sorry have you got your n244 sorted out yet? you need to get to court asap if eviction is only a week away wishing you luck

[rockyboy]

Hi, many thanks for your reply. I submitted the N244 form today as prepared for me by the company I have hired, and I have been granted a hearing but its on the same morning of the eviction on mon 31st Jan.

The company that is helping me is confident of a positive outcome and have told me that even worst case senario if the happeal fails I will still have time to move my furniture even after the eviction but I just don't know if I should move the stuff out anyway, just not knowing and being able to plan is driving me crazy!

[Ell-enn]

Hi there, £995!!! that's daylight robbery - I wish I'd seen your post before you paid that. Any chance you can email me a scanned copy of what they put as a statement for Q.10 of the N244? ell-enn@consumeractiongroup.co.uk

[MARTIN3030]

P.S. I have contacted a specialist firm and they have told me they can write my appeal for me and are very confident of stopping my eviction, however they charge £995 and I have to pay this up front although it is no won fee but it still sounds a bit high, could any one please offer any advice, eviction is only a week away!

 

Many thanks!

 

The MOJ and FSA have issued warnings about firms asking for upfront fees.

[elzerbeth]

rocky email ell-enn as soon as you can she is a star and im sure can help you belive me i know she helped me get my eviction stoped

[rockyboy]

Hi ell-enn, many thanks for your response!

 

I haven't actually paid them anything yet but I am meant to tomorrow when I get paid but I'd rather not have to or at least just pay them for the statement they helped me with.

 

I have emailed over the statement in the N244 form which they wrote for me, also I have mentined the issues I've had with NR, primarily the fact that I sent over my payment proposal by registered post which I have a recepit for in Nov and how they said I had to make a large lump sum payment for them to even consider stopping eviction.

 

Despite about 10 calls thoughout Jan I still haven't been able to discuss possible payment options, I just kept getting fobbed off with them saying our eviction wasn't a priority as its 2 weeks away etc... and that someone will be in touch, I finally gave up last week as its apparent what they are playing at.

 

Just to mention I have copy of my phone bill showing each call I have to them, some lasting 20 min (on hold as the customer service person apparently speaks to the manager) which cost approx £4 each, its a total joke how they can treat people like this.

 

Its all very stressfull and frustrating as I am now earning quite well and have the funds to maintain the mortgage and substantial overpayments towards the arrears but I do think the £1K extra as suggested by the judge in the original hearing was too much to ask me to pay seeing as I had just secured my new contract in that same week.

 

My hearing was in september but my contract start date got delayed by a couple weeks hence why I couldn't make a payment in Oct or Nov but I did make a payment in Dec although they start proceedings on 20th Nov.

 

Please help!

Edited January 26, 2011 by rockyboy

[Ell-enn]

Hi there, is that paragraph (10) all that they gave you to put on the N244 ??? there's no mention of case law !

 

Did you complete a budget sheet to go with the N244 ?

Did you attach any other documents ?

 

What else were they going to do for their £995 ?

[rockyboy]

Hi, yes that's all they wrote, i did think it wasn't much I guess it got the hearing, I was expecting a mention on the Norgan case but that's all they put.

To be honest I was in such a panic last fri after finally realising that NR had no intention of trying to discuss any sort of payment plan.

 

I did attach several letters from NR that they sent stating they haven't heard from me and want me to get in touch to discuss options but obviously I had been trying to speak to a manager numerous times.

 

No i didn't fill in a budget sheet, I think they were going to do it for me, I did complete one for NR though in Nov when I sent in docs with the payment proposal along with proof of income etc..

 

Do you think you can help me Ell-enn?

 

Many thanks!

Edited January 26, 2011 by rockyboy

[Ell-enn]

You would have got a hearing without them doing anything !! If you put an N244 application into court yourself after receiving an eviction notice you will be given a hearing - that's fact. If that company told you that they got you the hearing then tey are not telling the truth, you can easily do it for yourself.

 

I think what you need now is a new statement for the hearing - you will need to take it into court on Friday so they can put it in the file for the judge to read before the hearing. I can draft a statement if you need me to.

 

I have affixed the budget sheet we normally use in these circumstances so you need to fill that in to accompany the new statement. Whe filling it in remember that the amount you are offering is the amount left over after everything else has been accounted for (in Step 3 of the budget sheet -the difference between your income and outgoings).

 

Do you have a copy of your new work contract?

How much can you realistically afford to pay towards the arrears each month? (don't offer what you think they want to hear - you offer what you can afford).

Is the mortgage in joint names ?

Do you have any children living at home?

 

You will also need a copy of the telephone bill (use a pen to highlight all the calls you made to them).

[rockyboy]

Hi Ell-enn, many thanks for offering to help!

Yeh the company did imply that even getting a hearing nowadays wasn't gauranteed, I should of known better than to accept what they said but this is just so stressfull you start to lose your mind!

 

If you could please draft a statement for me I would very much appreciate it!

I will fill out the budget sheet as requested and email it over.

 

I don't have copy of my new contract extension as its begins from March and I'm getting a pay rise from them on, but I have emails which confirm the extension and payrise.

I could in theory afford approx £2400 (inclusive of the mortgage £1400, £1220 is secured and £180 is for the unsecured bit, it was one of those 125% mortgages) as originally demanded by the judge the first time round but ideally I would liek to pay around £400 extra just in case things go wrong next year etc.. but the problem i think last time and why the judge ordered I pay £1000 extra is because their solicitor focused on the fact that I only have 6 month contract but I tried saying there are many projects going on and so I will be here for at least another 12 months.

 

The mortgage is in joint names.

I have already printed of the phone bills just need to highlight the calls as you suggest.

 

Please let me know if you need anything else.

 

thanks again!

[rockyboy]

Sorry Ell-enn but I can't see the budget sheet? Thanks

[Ell-enn]

Sorry - budget sheet didn't attach - it should be there now

Budget Sheet.xls

[rockyboy]

Hi Ell-enn, I've emailed over the budget sheet.

 

Could I also please just ask what you think we should do regarding moving our stuff before mon just in case things don't go our way, I have no idea if we have a good chance or not.

 

Thanks!

Edited January 26, 2011 by rockyboy

[Ell-enn]

Hi, I've seen the budget sheet and replied to your email - I think you're going to have to offer more each month given the surplus income. Is your salary net of tax and NI ?.

[rockyboy]

Hi Ell-enn, sorry to bother you but I am getting a bit stressed with the hearing on Mon and not knowing whether we should move our stuff out in case the ruling goes against us.

 

Do you think you are still able to help?

 

Many thanks!

Edited January 28, 2011 by rockyboy

[newstarter]

Hi there,i noticed on your thread you are paying some company 995 to defend you in court or write your defence for you,have you paid this money to them yet?Also your repayment proposal, can you post up what you have in mind,including any lump sum you are offering N.R. Another question,you say you have an extention to your work contract,can you say how long this is for? You seem to be all over the place at the moment with regard to the hearing so lets get all the important information posted up so we can see where we see where we are going with this.

[rockyboy]

Hi, thanks for the reply. No I haven't paid them yet, think it would be better to use the money to pay off the arrears.

 

Payment proposal I would like to pay an extra £400 on top of the monthly £1400 mortgage.

Although on paper this does leave us a lot of surplus income but because I work on contract I want to put money aside just in case in a years time I can't find work for a while.

 

I have the extension for another 6 months starting from March and slight pay rise of 10%, I recieved the contract yesterday, so I have officially at least 7 months more including Feb, athough there is so much work here I should be here for another 12 months at least.

 

Any more questions please let me know!

 

Many thanks!

Edited January 28, 2011 by rockyboy

[Ell-enn]

My concern is that when the judge (and the other side) see that surplus income they will want you to pay it to the arears so they're reduced quicker, there's no way you will get away with just £400 on top of the normal payment, but if that's what you want to try so be it.

 

Do you want me to write a statement with your offer of £400 towards the arrears? what did you offer in the N244 that you've put into court?

[rockyboy]

Hi, I totally see your point however the nature of working on contract is that obviously whilst I have work now, in a year or so there maybe another recerssion etc.. or some other economic problem but I am comfortable paying £2000 so £600 extra but I would obviously pay off more if I can, its just that I've only been back working for 3.5 months so have just started to get back on my feet again.

 

My main priority is just to keep the flat though even if we do have to end up paying £2400 a month like in the last hearing.

 

Also is it worth mentioning that we have planning permission to convert the property into 2 flats (1 bed and a studio), the works will cost about £10k but then obviously 2 properties are worth a lot more so NR would have 2 assets in affect which I'm sure is in their interest but obviously you know a lot more about what's to put and what to say and not say

 

Many thanks!

[newstarter]

MMMMMMMM,you may as well pack your bags now if your going to use that strategy i can assure you,an extra 400 per month on 27k arrears when your showing a high surplus on your i+e sheet is not going to work.Dont missunderstand me i can see where your comming from,putting some aside for the rainy days ahead,the problem you have is this,if you can see some rainy days ahead so will the other side as will the judge,it all adds up to a lot of uncertainty going forward and no judge will wear that not with your levels of arrears.In terms of employment you look pretty solid for the next 12 months so what you need to do here is try and buy that time to get on your feet and hopefully gain some more work during that period so your future is a little more secure.In my opinion to get out of jail here you will need to double that offer,plus some of that lump sum you mentioned earlier in your posts,even then its not a done deal but at least you would be giving yourself a fity fifty chance of keeping the roof over your head.Believe me if you carry on with your own offer you may as well get your name down on the council housing list now.

 

800 arrears payment per month,plus a lump sum if you have it (the 1k you were going to pay those clowns would be a start) and you have a chance,anything less,forget it.

[newstarter]

I can assure you N.R will not be bothered about what you are planning to do with the property,you have to be more concerened about what they are planning to do with it and we both know what that is.They wont be concerened about studio,flats and convertions,they will be concerened about taking from you and putting it in auction of that i can assure you.The ammount of people i have spoken to who have been in trouble with their together mortgage beggars belief and N.R are pretty aggressive when it comes to repossession i can assure you.

[rockyboy]

Hi, the judge in the original hearing demanded £2400 (inclusive of the £1400 mortgage payment) so I'm happy to pay that but I'm just worried that they will see we didn't make any payment in Oct and Nov and think its not achievable. Also i do have a lot of expenses initially like software purchases etc.. which I can only claim back on tax when I do the tax returns at the end of the year.

 

The lump sum I proposed to NR was just because I panicked and after initally speaking to Nr they told me I would have to pay a lump sum for them to even consider my proposal but they haven't even been in touch to discuss that initial offer. But I was going to use the money I have set aside for tax which obviously wouldn't of been a good idea so I don't really have a lump sum to offer now but may have a one of extra payment in March of approx £3K on top of the arrears payments.