Urgent Help Please - Eviction Date 21st December *Eviction Stopped*

[sillygirl1]

I know how you feel, I just got a court claim through dated 9th December for a water bill, defence filed online this afternoon and complaint to Ofwat - said water company know I have applied to their charitable trust but insist that enforcement MUST take place.

 

Wouldn't it be nice if MCOL and all the courts DIDN'T issue claims during December unless it is a life-or-death matter, and it would give the courts time to catch up with any backlog... however logic and reason does not work where the law is concerned.

 

Wishing you all the best for tomorrow, I think the judge will see that you have been making payments and that you are a victim of their inability to press the STOP key.

[Ell-enn]

Try not to worry too much - you won't lose your home

[BornThisWay]

Thanks again Ell-en. SillyGirl, I totally agree. I wish these people could look at themselves and see that the heavy handedness is so unjustified. Where are we as a society when wealthy organisations lose billions of Pounds, or make massive profits, yet the little man or woman in the street is pushed to the edge of sanity for such tiny sums. It is all so mechanical. The letters are cold, uninterested, written by a computer. These are peoples lives they are dealing with yet it is all about the balance sheet and hitting targets to get money out of people. It makes me very very sad that his is how the world is these days.

[HP Mum]

Hi

It is the "job" of those at Accord, or any dca, to intimidate you in to paying and threaten you with legal jargon that at best is pretty tenuous and incapable of being enforced in the courts. They will threaten the most vulnerable. If people do not understand their rights and just panic and do nothing, they play straight into the hands of those who would love to grab the assets. Christmas means nothing to them.

I have been threatened by so many groups close to Christmas or over the New Year (and Easter and Summer Hols). I guess they expect you to be away or busy and not dealing with red letters or court papers - which means you could miss court deadlines and they get awarded judgments against you. So keep an eye out for important documents always and deal with them immediately.

And be strong.

If you follow the advice of ell-enn and with big eyes and sympathetic look the courts will surely be favourable towards you.

Good luck tomorrow.

[Rocco17]

Oh I wouldn't expect the lenders, DCAs or lawyers to care about what time of year it is.

 

However, I would like to think the courts would be fairer, and its courts that set eviction dates I believe, isn't it?

[HP Mum]

How you doing ?

[BornThisWay]

Hi there, took forms to court and waiting for date - I am told this should be Monday so hoping I will get a letter tomorrow morning. The lady did say she would ring but she has not done so, so far. I guess they have to get copies to the other side, so it takes a couple of days.

 

I read something somewhere the other day that Bailiffs take a break before and after Christmas and will not carry out evictions, but that seems only to apply to tenants unfortunately!!

 

I hope I shall be okay. I am paid up to date with everything under the suspended order, just bits of delays in paying and the arrears are reduced to just over £2,500. I hope the Judge will find in my favour. It is just that the lender is so aggressive. Again I read that some lenders are desperate to get their money back at the moment and sadly I seem to be on the receiving end of one of them.

 

Feeling pretty low - just so sad that anyone would consider evicting someone for such a small sum 4 days before Christmas.

[Ell-enn]

If you don't get a letter tomorrow you must go to the court first thing on Monday morning and take your copy of the N244 pack with you - your hearing may be scheduled for that morning and if you don't know about it and don't attend, the judge will award possession in your absence!

At this time of the year letters sometimes get delayed, . It would have been a good idea to phone the court this afternoon to check if they had sent one.

[BornThisWay]

That is what I am planning to do if I don't hear Ell-en. Foolishly I left the Warrant at home and without the claim no. the centralised switchboard refused to help. If I don't hear tomorrow I will be there when they open on Monday just in case.

[Ell-enn]

That's good. Did you ask at the court when you took the N244 in, if they had any duty legal advisors on repo hearing days ?

[BornThisWay]

No, I'm afraid I didn't, which is silly because you suggested that I did. I will be sure and ask when I make contact Monday morning. Thanks for reminding me, I am a bit flustered at the moment!

[Ell-enn]

I understand, try not to worry too much - I'm sure you won't lose your home.

[BornThisWay]

Thank you Ell-enn - in my rational moments I agree it should be okay but in the middle of the night if I wake up I am terrified.

 

Thank you for being there to keep me calm!!! I really appreciate it.

[Ell-enn]

Read through some of the cases here http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?327-Home-Repossessions-successes

that should make you feel more confident, there are a lot of people who have been in a much worse situation than yours and kept their homes

[BornThisWay]

Thanks!!! That will be my evening reading!!!

[sillygirl1]

As I've said before, once these lenders get their hands on a repossession oder they never give up - there has to be a more humane way of dealing with this, particularly now as the remortgage market is dead and people are living with very little funds.

 

The mortgage company will not be happy bunnies - you have made the payments and the mortgage arrears have gone down, I would think a judge would see that they are acting unreasonably - don't forget to report them to the Office of Fair Trading and the Council of Mortgage Lenders.

[BornThisWay]

Hearing set for Tuesday. That gives me no time if it goes against me of course, but I am just hoping that judges have some kindness in them and that it will be okay. I realise now of course that if I am even one day behind with any payment they can take me back to court again and put another £500 onto the mortgage for their legal fees. There is no reason why their computer should not be set up to do that on a monthly basis - in fact I think Cobbetts is

[Ell-enn]

What date is your payment due and what date have you been paying it ?

[Rocco17]

I wish you the very best of luck.

 

I'm sure things will be fine. If it has been suspended in the past on a higher level of arrears, an order was made and you have stuck to that agreement and made all the payments then surely the judge won't find in their favour.

[sillygirl1]

£500 is a bit steep for legal fees every 3 months.

 

I think a good New Years Resolution for all these companies (and that includes a certain company) is to know when and how to press the STOP button and not blindly go through the processes 'because we have to be seen to do things properly'.

 

Good luck for Tuesday, as you HAVE been paying I can see no reason the judge won't have a go at the mortgage company for its pessimistic approach to your payments.

[Mr Worried]

Hi BTW

 

Hey, no chance you will loose, defo, however if it all goes pear shaped WHICH IT WONT then Me and Mrs have a spare room and we love pets too. 'togue in cheek of course' my response to your post is relaxed as the replys previous are top notch, word of advise from me and my many visits to court re the same situation. Do not believe the Claiments acting Sols. be confident infront of the Judge, but not cocky, and you will be pleasantly supprised at the outcome.

 

Good Luck For Wed, I am in court too but for an unrelated matter.

 

Mr W

[BornThisWay]

Thank you Mr Worried, I hope I shall be okay but this has cast a terrible shadow over Christmas for me. I have been sorting out some paperwork over the weekend and while it has not all been smooth sailing the arrears have steadily been coming down - in fact I think that is the worst bit, I was quite chuffed that I felt I had finally got on top of the mortgage!!! What I have learned from a great deal of reading is the sub prime lenders seem desperate to get rid of as many of their loans as possible - I don't understand why since they pay a high interest, but maybe they just want to get out of the market?

 

Ell-en of the four payments since the suspended order in July two have been made on time and the other two were a fortnight late. I always thought there were days of grace on a mortgage payment, indeed I was told that once by someone in the industry, but obviously that cannot be relied upon if a lender is desperate to repossess. If I survive tomorrow I shall need to go without food in January so that I can make the payments on time at all costs. Since I was making part payments on time with only the residue being late, and was telling the lender precisely what I was doing, I hoped I was okay. But obviously not!

[Ell-enn]

Exactly what date is the monthly payment due and what date have you been paying it.

[BornThisWay]

Welll...............eviction suspended!! Not exactly smooth sailing since the judge lectured me on the need to pay on time. I think the problem is as Ell-en has pointed out that if you pay late within a certain month then it 'counts', if you pay in the next month it is treated as not received. And as he said, they can just keep on charging me for their legal fees. As my payment falls due on 28th of the month a few days late means it is in the next month. For example the rent-a-solicitor had notes showing I had made no payment for November when in fact I had made the payment just in December. And as the Judge said I am treated by the computer the same for paying a couple of days late as someone who is three months late!

 

Whatever it takes I have to make the payments on time. The Judge seemed to think this was just a matter of getting organised, but of course it is not so simple on one salary! That said it was the right outcome and I just want to thank everyone on here who helped me, especially Ell-en.

 

The whole business has completely ruined my Christmas to be honest, but it seems clear that this particular lender has got a stick and will keep beating me with it until I can clear those arrears or move!!

 

Thanks again to everyone who took the time to listen - you were absolutely brilliant!

[Mr Worried]

Welll...............eviction suspended!! Not exactly smooth sailing since the judge lectured me on the need to pay on time. I think the problem is as Ell-en has pointed out that if you pay late within a certain month then it 'counts', if you pay in the next month it is treated as not received. And as he said, they can just keep on charging me for their legal fees. As my payment falls due on 28th of the month a few days late means it is in the next month. For example the rent-a-solicitor had notes showing I had made no payment for November when in fact I had made the payment just in December. And as the Judge said I am treated by the computer the same for paying a couple of days late as someone who is three months late!

 

Whatever it takes I have to make the payments on time. The Judge seemed to think this was just a matter of getting organised, but of course it is not so simple on one salary! That said it was the right outcome and I just want to thank everyone on here who helped me, especially Ell-en.

 

The whole business has completely ruined my Christmas to be honest, but it seems clear that this particular lender has got a stick and will keep beating me with it until I can clear those arrears or move!!

 

Thanks again to everyone who took the time to listen - you were absolutely brilliant!

 

Hi BTW.

 

Well done, yes we know when the payments are to be paid but sometimes that cant happen, chin up and move on.

 

Mr, Happy for you