Repossession and eviction notice for 5 October 2012

[lewte]

Is there anything I can do. Been to the local housing for help. She knows less than me . Been told i was on income based jsa. Halifax agreed to take interest only. But now jsa said that was a mistake. Though I have a letter saying I was on income based. Well it seems likes 2 weeks and I will be homeless . Have contacted the council. They are trying to help because I have mental health problems. Not easy to admit. Where do i go from here

[Ell-enn]

Have you contacted Shelter? they are very good with this sort of case 0808 800 4444. Their lines are usually very busy but keep trying until you get through.

[lewte]

We do not have a shelter in this area . Contacted a place called Fusion. formerly CHAS

[lewte]

They are trying to help . But didn't have a lot of faith when she said she is not an expert in housing or DWP ?

[lewte]

They will fill in the N422 or what ever it is called. Is there anything I am able to say to the court \/

[lewte]

I owe 3800 including charges . I have a 35 grand mortgage. I have more than 50% equity

[Lea_HTH]

Bit concerned the housing office didn't know what they could do to help.

 

Go back - they have access to funds to help prevent homelessness, including help with a mortgage possession fund, or mortgage rescue scheme. Due to your mental health issues (if they are diagnosed), there is a possibility that mortgage rescue would be able to assist - this is where they purchase your home, pay off the debt, and then rent the property to you. Because you have about 50% equity, the likelihood is that they will only purchase part of the property, and then you become a shared ownership tenant. You'll need to discuss this further with them - if the person you spoke to doesn't know about it, tell her to find someone who does.

 

In the interim, if you are on JSA, you should be entitled to statutory mortgage interest, however this may not cover all of the interest payments on your loan if your current interest rate exceeds 3.6%...so you'll need to check that. Contact the benefits agency and discuss this with them further. It is generally not payable for the first 13 weeks of a claim. If you have mental health issues however, you may be entitled to claim ESA instead of JSA, so that requires further investigation too.

[lewte]

Thanks. I will go back tomorrow.

 

Regarding the JSA I was told I was on income based and would get SMI . I have only worked for 9 weeks in a temp position. When I received the eviction notice from the court I contacted DWP, they said it was a mistake and I was on contribution based with a underlying eledgability to income based, whatever that means. The lady at housing also spoke to them and basically said ..... They say you can't claim smi until next January ????

 

Goodness knows, I have no partner, no children and no savings... Re claiming ESA I claimed last year but was told I am fit for work. I am on medication for life now for my depression and also have COPD. I am so worried about being homeless. If the court allows me more time is their anything I can do or say to them ??

[lewte]

I have been told to get an JSA 3 form but by the look of it this will takes ages to be dealt with. Looking on the net I have seen people mention an MI12 form. Should fill in both ?? Thank you all

[Lea_HTH]

If you are on contribution based JSA then you may not be entitled to SMI - until you switch to income based JSA; it's complicated, so you really ought to go back to the benefits agency and ask for some advice and help on your situation.

 

It could be an error that you are on CB JSA and not IB JSA, so that needs to be checked. If you are eligible, it is not payable until 13 weeks after your claim started. You will need to fill in the relevant forms and send them off to your mortgagee, who will fill in their part and return it to the DWP. Obviously you should complete the forms as soon as possible so that there is no delay once you become eligible. You should not have to wait until next year for payments, that is longer than 13 weeks.

[lewte]

I cannot get my head around this..

 

I was told i was on Income based . then told it was a mistake. so they are now telling me I have to have six months on contribution based and then wait another 13 weeks. Mean while |I am being evicted on the 5th October.

 

I did not go to the courts because I managed to get a temp job. I rang the halifax and they said it would be better if i worked and paid my mortgage. The hearing was on the 6th of March. I started work on the 5th. I paid my mortgage every week . Including the extra they asked for. When the temp job finished I contacted halifax and they said if the dwp paid my interest they would be ok about it ... But they didn't

[lewte]

I asked for interest ony. They declined .. Lost to know what to do .

[lewte]

They have told me I am entitled to both ??? How confusing is that ?

[lewte]

Has any one else been through this . Help please

[Lea_HTH]

If you can get another job that enables you to pay the instalment plus something towards the arrears then you are almost certainly likely to be able to stay the eviction - but you will need to fill in an N244 (you already said someone was helping you with this). If not, you can simply ask the judge to stay the eviction as you are awaiting payment of SMI - though of course you can't say this if they have said you are not entitled to it - hence telling you that you must go back to the benefits agency and ensure you are on the correct JSA.

[lewte]

I am looking for work and know that would be the best thing. I could easily afford the mortgage plus some then. I have been told I am entitled to smi but they changed my benefits. Told I am allowed both icome and contributions. So can |I ask the court to stay this ??

[gemspan]

If you're entitled to both income and contribution based JSA then you will get SMI. Do you have a letter confirming this? If so, you need to take that along and advise the judge of this. Have you spoken to CAB or anybody like that? If not, then you should speak to them and let them help you. Its very stressful and it would be good if you can get help. Do you have a contact for your health issues? If so, speak to them too and see what assistance they can provide you with. Try not to worry too much. If you are waiting for SMI then I would imagine the judge will stay it to allow this to come through. How many months are you in arrears? Halifax should be more h

[gemspan]

With benefits you wait 13 weeks from signing on JSA and you get SMI. You are entitled to contribution based JSA because you have made the relevant contributions into the system. In addition to that you are entitled to income based JSA because this is your only income and they will help with SMI. This kicks in after 13 weeks. How long have you been signing on? Halifax should be taking this into consideration. Also there are pre action protocols they have to carry out to ensure that repossession is the last resort. Refusing you to go on interest only for a short while may be a contravention of the protocols. You need to get advice. Try speaking with Shelter. They will be able to help you on the formalities and may also be able to get a solicitor to represent you in court. Good luck.