Eviction re scheduled

[Scots1]

I posted some months ago about an eviction date set for Feb this year, we managed to get a Stay of Eviction and (sadly Northern Rock). The court date was set and the court sided with NR and a mandate put in place. We managed to negotiate paying extra with our monthly mortgage and this has been fine, we pay over the phone every month but on Monday we were served an eviction notice for 27th Nov at 10am. We spoke to NR and agreed further additional payment and had to fax over bank statements which we did but NR said they didn't receive them, it is so hard to get through to speak to any one and they are just refusing. We just don't understand why they are suddenly doing this. We will literally be homeless with all our belongings some how in storage, 4 children and no where to go.

 

All we want is some extra time to get our stuff packed and into a new property

[Ell-enn]

If you are saying that you have made payments in line with the court order then I don't see how NR can issue an eviction notice - you need to take this back to court and tell the judge that you have kept to the original order.

[Scots1]

I have spoken to Shelter Scotland and they say that because we were legally represented in court and the mandate still issued then there is basically nothing we can do. I am just going to call a lawyer

[Scots1]

The extra payments weren't agreed in court, they were agreed with NR when my husband spoke to them after the mandate was issued

[Ell-enn]

Did you get anything in writing from them agreeing to the extra payments ? can you show proof of the payments being made i.e. bank statement ?

 

How much are the arrears ?

[Scots1]

yes they have our bank statements, we faxed them twice, got fax confirmation that they had gone yet NR say they didn't get them, funny that. They have got them now though. Even the lawers acting on NR's behalf are surprised. Al we want is a bit more time to get ourselves housed in the property we are looking at tomorrow then they can do what they want with the house. We do have other options but it is hard not to look beyond the worst situation

[Scots1]

We are still no further along with this, have has 2 letters from NR saying that they won't accept our proposals.Spoke to emergency accommodation people and we can't actually get into accommodation until the day of eviction.

 

This is awful, I haven't eaten all week our poor children are suffering, we just don't know what to do

[Scots1]

Well NRAM are going to get a very decent offer for the house but we have a feeling they are going to refuse it simply because of who they are and how they conduct themselves. Lawyers are astounded that they are doing this even though we were paying our mortgage plus extra! I started packing today and we get the keys to our new home in a day or so, it is a beautiful house where we can start to out al this behind us what ever the outcome. i am having to move my childrens schools which for autistic spectrum disorder (aspergers) is going to be a huge stressful adjustment but we will get there no matter what.

[Ell-enn]

Is there no way you can take this back to court to get your payment arrangement accepted.

 

In England you can apply to the court for a hearing to have the eviction stopped by offering a payment arrangement - is there no similar system in Scotland ?

[Scots1]

Is there no way you can take this back to court to get your payment arrangement accepted.

 

In England you can apply to the court for a hearing to have the eviction stopped by offering a payment arrangement - is there no similar system in Scotland ?

 

What happened was when Shelter Scotland represented us in court both my husband and I were represented in court instead of just one of us, had it just been either myself or my husband then yes we could have gone back to court, it is unbelieveable that this is the way it works but it is, 3 lawyers have told us so. Mandate is in place so we are at their merci.

 

The offer for the property that is going to be given is only 5-10k less than market value but we know in our hearts it will be refused