Urgent Help Required - Repossesion of House EVICTION CANCELLED

[devlin1976]

Hi,

 

This is my 1st time on here and I really need your urgent help.

 

I had arrears with Preferred Mortgages and had a suspended possesion order made against me / the property. I borrowed £3500 from a loan shark to pay it all off. I then had my hours reduced at work. I have only been able to pay one months mortgage in the last 5 months, as I have been having to pay for everything else. I'm not entitled to benefits and am really struggling. Luckily my employment reverts back to full time in January, so I'll be able to get back on an even keel. I was told by the court that when I paid off the arrears that the suspended possesion order would be nulified, but Prefered said that this is rubbish and they can just asked for it to be re-instated??? If this was the case, I would rather have paid extra on top of the mortgage payments. Now I have got in to difficulties because I borrowed the money at such a high rate of interest from the loan shark. I completely landed myself in it.

 

This morning I had a Warrant of Possesion on the property put through my letterbox, with the date of possesion the 15th January. Please help, I can't lose my home. I look after my father and 9 year old son.

 

I really don't know what to do, your urgent advice would be very welcome!

[Ell-enn]

Hi there, don't panic - you can apply to the court for a hearing to suspend the eviction provided you can show you are able to make the monthly installments plus an amount towards the arrears. I can help you with the form to apply for the hearing. However, as most courts are closed from tomorrow until 5th January you can't do anything until then, but we can get everything ready for you to take to the court on the 5th.

You should then get a hearing that week.

 

How long does the loan you took have to run?

 

Kind Regards

 

Ell-enn

[devlin1976]

HI,

 

Thanks for getting back to me so quickly. I borrowed the £3,500 over the maximum 6 months that they would allow and the last payment is in January. I was only able to pay 1 mortgage payment in this time, as the 'organisation' I borrowed the money from scare the stuffing out of me, and they call every week. On some weeks I couldn't hardley afford to eat! I thought I was doing the best thing at the time.

 

I've been told that the court is open on 2nd January and I can go down then? I am really scared!

 

My bosses at work are not the most helpful and I've just been keeping my head down, as I'm grateful that I'm keeping my job, even on reduced hours. So many of my team have been made redundant and I go back to full time hours in January.

 

Is it tru about them just re-invoking the possesion order without me getting any notification from the court?

[Ell-enn]

Hi, if there is a suspended possession order on the property then the lender can go straight for an eviction order if the terms of the suspension are broken.

 

If there are no arrears on the mortgage they cannot ask for an eviction order and that is probably what the judge meant. Although you could have asked the court to cancel the possession order when you paid the arrears off in full. However, there is nothing we can do about that now.

 

The important thing is to get an application in to court for a hearing. I will be back on line later this evening and will tell you what to do, although we have plenty of time to get the form completed. In the meantime, have a look at the budget sheet I have affixed as you will need to send one in with the application. Print one off and "practise" on it before completing a final version.

 

Kind Regards

 

Ell-enn

Budget Sheet.xls

[devlin1976]

Hi,

 

Many thanks for your help so far, I have printed off the budget sheet and it's not very nice viewing in rthe cold light of day. I just want to pay what I owe and get back to normal.

 

I did speak to the court about the possesion order and they said that it was automatically cancelled when I paid off the arrears. They have the notes on file that they advised me that it would be cancelled. I will just phone them again to check I'm not hearing things, will it make a difference?

[Ell-enn]

If the suspended possession order was cancelled by the court when you paid the arrears off then Preferred would not be able to go straight for an eviction order. Have you told the court that you have received a warrant for possession without a new possession hearing?

 

Ell-enn

[devlin1976]

HI,

 

I have just spoken to the court again and they said that they have received my notification that the arrears were cleared, but they had nothing from Preferred, and they obviously couldn't accept my word on it - which I understand. Unfortunatly, because the court told me that it would put an end to the suspended possession, I just accepted that that'll be the end of it. Obviously I wasn't to know that everything would go wrong in the following 6 months and in truth I buried my head in the sand. I explained the situation to the really nice woman at the court and she said that if I go for the suspension of the warrant then the judge will look at the case and what happened.

 

I am absolutly terrified! My father was the one that collected the notice of possesion that came through the door and now he's saying he can't take anymore, that he doesn't want to end up in a home. He suffered a bad stroke last year and I have had to act as his carer ever since. I'm at my wits end, as the proprerty has nearly £80,000 in equity, I can't claim any benefits, even though I've tried. I've really struggled to hold on to my job, even accepting the reduction in hours, as you never know how things will turn out. I'm lucky in the sense that business has picked up and that I can start full time again in January, it's just getting out of my current mess.

 

Anything you can help / advise with would be very much appreciated.

[Ell-enn]

Hi there, please try not to panic - there is a lot we can put in your defence. You need to gather together evidence of your dad needing your care and his medical condition (a letter from your doctor stating how he could be affected by this situation would be good).

 

Fill in the budget to reflect your finances once you are back to full time work and don't have the loan to pay - that should give you some confidence that you will be able to maintain the monthly payments and something towards the arrears each month.

 

The judge will consider everything we put in front of him and I would be VERY surprised if he did not suspend the eviction. I'm sure you will be OK.

 

Kind Regards

 

Ell-enn

[devlin1976]

HI,

 

Thanks again. Can you let me know what I need to assemble as I only have access to the computer at work for the rest of today and tomorrow, then not until the 5th January. All the libraries will also be closed down here (Cornwall) until the 2nd, and thats the date I need to take the stuff to the court. I also have to pay a £35 fee. I can get a letter from my employer confirming that I will be back on full-time hours, as of the 5th January and I have completed the budget sheet. I have just spoken to my fathers doctor's surgery and they don't think that they can get a letter out to me that quickly, as they are shut from tomorrow after morning surgery, until the 5th. I am now not looking forward to Christmas at all! I was so happy earlier in the month, knowing that everything was going back to normal in the new year and it feels like I have been kicked in the teeth. Now Christmas is more of an extreme irritation, as it's stopping me from trying to sort this out.

 

If you could let me know what you would advise, then I can sort out as much as possible tomorrow.

 

Thanks

[Bona]

Please Please dont worry you have come to the besy place and all will be well especially when the Judge hears what ou did you can get the arreas put over a long time not 6 months like with your loan

[Ell-enn]

Hi there, you need to download an N244 form from here:

Her Majesty's Courts Service - Home Select Forms and Guidance from the menu on the left hand side and enter N244 in the box. You will then be taken to the page where you can print off the form. Make a few copies of the form in case you make any mistakes.

 

You say you can only get onto the computer at work - are you at work between Xmas & New year?

 

Ell-enn

[HHSTSO]

Hi,

 

My local council Housing Needs Team will always write to confirm what type of temporary accommodation - hostel, B&B would be available if eviction went ahead and how that would impact on your family - ie does your dad have specialist needs, now adding bit on about the Mortgage Rescue Scheme coming in January - they will fax it to courts for appeals etc

 

Not sure if it helps but always worth a try.

 

If your local Council don't do that, find out what would happen and add it to your defence.

 

Best of luck

[devlin1976]

Hi Ell-enn,

 

I will be able to access the e-mails, but not print anything off. I have been trying to get as much as I can together, but because of the Christmas shut-down, getting confirmation of my fathers medical condition is proving difficult. I have a letter from my employer about the fact I was on restricted hours and that they are back to normal in January, I have the N244 and the budget sheet - is there anything else you can advise.

 

Can you also let me know if there is anything specific that I need to put on the N244?

 

Thanks

[Ell-enn]

If you are at work tomorrow? I will give you the instructions for the N244 and write some text for part 10 which is the most important part. You will need to print of the statement I send you for Part 10 though. When will you next be able to access a printer? Do you have any friends or relatives that could print for you?

 

Take photocopies of the letter from your employer and the budget sheet, also copy any info regarding your caring for your father (carer's allowance?).

 

Ell-enn

[Helford]

Hi Devlin1976,

 

I am in Launceston if you need anything printed!

 

I had a mortgage with Preferred Mortgages (That's a contradiction!), now redeemed, but I hate them with a vengance and I can feel a claim coming on for unlawful penalty charges.:D:D

 

They tried to scr*w me for not giving them notice of my intention to redeem the mortage (Outside of the penalty period) - I had sent Special Delivery 1pm Next Day signed for to Capstone and Preferred Head Office in London, they denied receiving, yet I had signatures showing received. My solicitor chewed their nu*s off (Hysterical!). Absolute incompetance! They also keep sending me cheques as they fouled up the redemption figures!

 

You couldn't meet such a group of bafoons anywhere! Chin up!

[hilaryfrances]

Hi Devlin1976, I am sorry to hear your plight, and what a rotten time of the year for this to be happening and I suppose you will be making some effort for your child. I am sure you will be OK, try not to worry too much, I cant see a judge turfing you out of your home especially when your fortunes are going to change. Good luck and I will be thinking about you.

[devlin1976]

thanks to all of you, will be on here as soon as poss. Ell-enn I would be grateful for the guidance / statement. sorry quick such a quick note. at work and they are turfing us out.

 

thanks

[Ell-enn]

I'm at work too..... and will be leaving shortly. We can work over the next week or so to get your N244 done - you can't do anything over Xmas anyway. I'm assuming you can get onto CAG at home?

 

When you are back on line we can make a start.

 

Try to relax over Xmas.

 

Ell-enn

[Markiemark1]

Please try not to worry!!! Judge's generally will always use to exercise discretion where the law permits them to, and can look to spread the arrears out over the term of the loan. No-one wants you to lose your home, and Judges are well aware of the likes of SPML/Preferred. Have a good restful day tomorrow and Friday - and relax in the knowledge that 2009 will be the year that all comes good.

 

Just as an aside - technically a suspended order does remain on record for the life off the mortgage. If you got the arrears up to date and then went into arrears the lender can normally just reinstate. Make sure when your arrears are gone you apply to the court to set aside the p/o.

[devlin1976]

Hi Ell-enn,Can you help me out with the form and let me know what I need to put? I have been able to log on today as I am borrowing a friends computer. I have got to go to court on the 2nd to give them the N244, so that I can see the judge on the 8th or 9th, depending when they are sitting. I have had a terrible Christmas, all of this worrying and I can't do anything about it!I am really grateful for your help, its the only lifeline I have got at the moment!

[Ell-enn]

Hi there, have you done the budget sheet? how much are you offering to pay each month towards the arrears?

 

Also, did you get the letter from your employer regarding full time work?

 

Ell

[devlin1976]

Hi,Yes I did the budget sheet and I can afford to pay £75 a month towards the arrears, £100 at a push! I also got the letter from my employers confirming that I was on reduced hours, but that my hours and wages are back to normal as of the 5th January.I can't get the letter from my dads specialist / doctors, as they are not back until the 5th Jan and they require 14 days notice in which to do a letter. (not helpful).

[Ell-enn]

OK, while I draft the text for Q.10 of the form, you can fill in the rest - instructions below:

 

1. Your name

2. Tick Defendant

3. Suspension of eviction order payment proposal offered.

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 Applicants

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

 

 

Back in a mo.

 

 

Ell

[devlin1976]

Also, I tried to pay this months mortgage this morning, but they wouldn't let me pay it, as they said they would be getting the house in a couple of weeks!!! The girl I spoke to on the phone was really horrible! I don't know how much the mortgage works out a month now, with the reduction in interest rates, as she wouldn't tell me on the phone. She said that 'it was im-meterial'.She wanted me to come back to her with my proposals to pay off the lump sum, to call off the warrent. They would not accept anything less than 3/4 of the arrears total, with an agreement to pay off the rest within 3 months and the only way that I could possibly do this would be to go back to the loan shark who lent me the money in the first place. But then I would be in more difficulty than I'm in now!

[Ell-enn]

Hi there, are you able to send a cheque to them by special delivery?

 

Also, I am ready to affix your statement are you able to print it out?

 

Ell-enn