HELP, Possession due 22nd August 2011 EVICTION STOPPED

[Ell-enn]

Yes you can appeal, if indeed the decision goes against you (it won't!) you should ask the judge for leave to appeal, you then go straight to the court counter and ask for a N161 Appellants form - we can then help you complete it. I am sure you will not need the form.

 

If GMAC were happy to accept your I & E last year and you have maintained payments since then (remember this situation was caused by THEIR mistake - not yours!), then I cannot see a judge allowing eviction. They will get notification of your N244 - it probably takes some time to get to the right person in their offices.

 

When is your next payment due?

[tony.b.johnson]

Wonderful.

Next payment due on last working day of August. 31st August.

I think they were trying to bully me! And my wife is certainly affected now.

They looked to me worse than those rioters on the street in the last few days..

Thanks Ell-enn.

[tony.b.johnson]

Hi Ell-enn,

Sorry to be a pest, but just a few questions to cover all lose ends:

(1) Will the Judge always allow Appeals? Are there occassions when Appeal is not allowed?

(2) If Appeal is allowed, is the eviction immediately suspended -- pending the outcome of the appeal?

(3) I will, of course, immediately file N161, but I am allowed to file it within 21 days of the hearing, right?

 

In any case, can I be positively sure that I will still be in this house on 23rd August?

[Lea_HTH]

Just curious regarding your situation - it was a warrant of execution that was granted, resulting in the notice of eviction, which means there was as suspended order on the property already. In order for that to have occurred, there would have been a judgment from the court, which almost certainly would have indicated what the terms were that the SPO was granted under. Have you got a copy of it?

 

If you have, take a look and see what the actual order states regarding your payments. If the judge ordered you to pay CMI plus a specified amount towards the arrears, then your mortgagee has no business bringing you back into court if you have maintained that payment and have not fallen behind the order (i.e. every single payment that was due since the original order has been made and made on time).

 

A judge would expect adult children living in a household to contribute, therefore your mortgagee is wrong in telling you that they cannot accept their contributions as part of the household income. That is absolute nonsense. There are no 'guarantees' of anything coming into the house, so to discount something that IS currently coming into the house is just silly.

 

You need to let the judge know if any of the above is true, because if so, they should not have brought you back into court, and you would be entitled to claim your costs. The law states that costs follow the event, meaning if the eviction is stayed, you should be awarded costs, particularly if the application to execute the warrant was made on false information (e.g. that you were out of line with court ordered payments). This all hinges on whether or not you have kept in line with the initial order of the judge when the SPO was granted.

 

If you haven't, then you'll need to fight even harder, as nine stays usually means there aren't many, if any, chances left at all. Though of course, paying off all arrears means there is no reason to evict.

[Lea_HTH]

Regarding appeals - judges sometimes order that you cannot appeal again without the leave of a circuit judge. It is rare for a circuit judge to refuse leave to appeal, but it is yet again another hoop to jump through. It could be against your human rights (right to property/fair trial) to not be allowed to appeal, so some judges will simply allow you to appeal, even if you have no chance of winning.

 

Eviction will not take place (unless it already has) before the appeal hearing. Bailiffs will be on standby until they get the order from the judge to go ahead or cancel if the hearing is on the same date as the eviction.

 

I realise it must be scary for you, but if you have made all payments as agreed, there is no judge that will evict you at this stage. Your problem arises if the mortgagee can show you are behind on your payments.

[Ell-enn]

Leah, it was Paratus that caused this situation, they didn't take the correct amount by DD - the op immediately rang up and paid the extra.

[tony.b.johnson]

Hi Lea_HTH,

Thank you, Ell-enn, for coming to my defence again.

Let me explain: I was in receipt of JSA in 2009 and couldn’t make any payment towards the mortgage. GMAC obtained Eviction for 27 July 2009. On hearing my application, the judge adjourned the case for 4 week to allow DWP to sort out the interest payments.

On 1 September 2009, GMAC wrote to Court to suspend eviction on the ground that arrangements have been accepted: -- I pay £400 per month on top of the interest from DWP.

Direct Debit was set in place. Everything went smoothly.

In May 2010, I signed off JSA and became self-employed. On 23 June 2010, GMAC agreed in writing that I pay the normal monthly plus £50 towards the arrears. Not a single payment has been missed. Everything is going smoothly -- so I felt!!

As Ell-enn pointed out, Paratus failed to collect the agreed amount at end of June. When I noticed this, I immediately telephone them and made a payment via Debit Card.

All these are documented in the appendix with the N244 I file yesterday.

My arrears have been reduced from almost £12,500 to £8,805.00

[Lea_HTH]

Leah, it was Paratus that caused this situation, they didn't take the correct amount by DD - the op immediately rang up and paid the extra.

 

Yes, I understood that, hence replying, as if the OP is in line with the SPO terms, then the mortgagee has no business applying for a warrant of execution.

[Lea_HTH]

Hi Lea_HTH,

Thank you, Ell-enn, for coming to my defence again.

Let me explain: I was in receipt of JSA in 2009 and couldn’t make any payment towards the mortgage. GMAC obtained Eviction for 27 July 2009. On hearing my application, the judge adjourned the case for 4 week to allow DWP to sort out the interest payments.

On 1 September 2009, GMAC wrote to Court to suspend eviction on the ground that arrangements have been accepted: -- I pay £400 per month on top of the interest from DWP.

Direct Debit was set in place. Everything went smoothly.

In May 2010, I signed off JSA and became self-employed. On 23 June 2010, GMAC agreed in writing that I pay the normal monthly plus £50 towards the arrears. Not a single payment has been missed. Everything is going smoothly -- so I felt!!

As Ell-enn pointed out, Paratus failed to collect the agreed amount at end of June. When I noticed this, I immediately telephone them and made a payment via Debit Card.

All these are documented in the appendix with the N244 I file yesterday.

My arrears have been reduced from almost £12,500 to £8,805.00

 

If you thought you required a 'defence' from Ell-enn, then you have clearly misread and misunderstood my posts.

[tony.b.johnson]

Sorry Lea_HTH.

I think I have used the wrong word. No offence.

The Mortgagee may feel that if the order is suspended, they can add the cost to my mortgage.

The other point is that their solicitors are supposed to give them proper legal advice and not simply taking orders. But they are happy to go ahead with it. They must felt that they will get paid for their time, whatever the outcome. This is their licence to print money!! Irrespective of the worries this has caused to the mortgagors!

[Lea_HTH]

None taken.

 

The point I am making is clear. If you are in line with what the court originally ordered, then there was no need to apply for a warrant of execution - as a result of that warrant you have had to put in a stay application, which would not have been necessary but for their actions. Therefore, costs will follow the event - that is, if you PROVE you are not behind on the court ordered terms, then the mortgagee will not be awarded costs, but you might (depends on the judge and the ability of the person representing you (if any) to push for it).

 

Finally, solicitors follow their clients instructions, even if they are mis-advised - it is not a licence to print money, it is acting on instructions. The difference is whether or not the mortgagee can pass that cost on to you - my suggestion is they should not be able to as the solicitors must surely have advised no further action at this time, yet the mortgagee appears to have pushed for further action.

 

All of this depends on whether or not they have proof that you have defaulted, or you have proof that you have not. If you have not, then after nine stays, it'll be difficult (save for paying all arrears off as you have done previously) to stop the eviction, if you have, it will be easy to show the court that the request for a warrant of execution was not necessary.

[tony.b.johnson]

Points taken. Thanks.

I have Annual & Monthly statements printed by Mortgagee showing that payments, including the agreed amount towards the arrears, have been taken from our Bank account on time as per agreed, except June & July when they collected only the normal amount and failed to collect the amount towards to arrears. I have paid the additional for June over the phone.

I have filed all these with the N244

[tony.b.johnson]

Hi Ell-enn,

Your advice on my question above #28 would be most appreciated.

My wife's birthday Monday, have booked this weekend away from home to help her celebrate.

But with this problem hanging in the air, she is worried sick and thinking of cancelling.

Paratus is making our life very difficult.

Sorry for trouble you again.

[Ell-enn]

I would be extremely surprised if the judge were to allow eviction given the situation was caused by Paratus. I am sure when Paratus finally get a copy of your N244 they will know they are unlikely to get possession. If the last eviction attempt by them was 2 years ago and you have maintained the payments since then - and can show the judge proof of this - then I cannot see how Paratus have any likelihood of getting possession.

[tony.b.johnson]

Much obliged and much appreciated.

 

Wish you a nice weekend.

[Ell-enn]

Definitely go on your weekend away - the change of scenery will be an enormous help (sitting worrying in the house just won't help) once you are there it will be easy to put the situation with Paratus behind you and I'm sure your wife will feel more relaxed and positive when she comes home.

[tony.b.johnson]

Thanks for the advices and all your assistance.

 

We will go ahead as scheduled -- Blackpool / Windermere. Confident the scenic and fresh air there will put all these worries to the back of our minds for a couple of days.

[Ell-enn]

I love Windermere, we go there a couple of times a year and it always does me good

[tony.b.johnson]

Ell-enn, my wife wishes to convey her most sincere thanks for all your help and assurance. We will make the most of our trip this weekend. It's been a few year since we were last there. Very much looking forward to it.

[tony.b.johnson]

Hi Ell-enn,

We are back and suitably refreshed!! It was a wonderful few days, although there were light rains when we got to Windermere. But that has not dampened our enthusiasm.

We are now ready to ‘face the music’ tomorrow morning.

We will get there early and seek the advice of the free legal advisor, if one is available, and ask him to accompany us into the court.

In the unfortunate event that the judge finds against us, we will immediately ask leave for appeal and obtain an N161 form from the counter and lodge an appeal. But we are quietly confident that this would not be required.

Is there anything else that we should prepare for?

We will update here when this audience with the judge is over with.

Thank you for all your support and advices

[jammydodger]

hi can ypou help trying to complete a n244 form to stop eviction on 6th sept.

[tony.b.johnson]

Hi jammydodger,

You have come to the right forum.

I see you have started your thread. Please do not panic. Jumping up and down doesn't help your case. There are many very able contributors with lots of experience in this kind of problems here.

I would suggest that you compose a clear and concise history of your situation, giving the background as to why you are facing eviction.

Once you have written and posed it up, I am sure you will get the necessary help from this forum.

Good luck.

[Ell-enn]

Hi Tony, I will be thinking about you tomorrow and look forward to hearing your good news Stay positive, you will be ok.

 

Ell

[ukaviator]

Good luck tomorrow . . . .

[Pupter]

Hope everything went well. I was at my hearing yesterday and we won, so hope it went the same for you?