Repossession Eviction 27th November 12pm HELP!!!

[Zackbj]

Hi All,

 

I know this is late in the day but I have only just found your site.

 

I hope someone may have a last pearl of wisdom that may save the day.

 

Brief History.

 

Property started subsiding 4 years ago, I stopped paying the mortgage, The Coal Authority arrive at my house within 2 hours of the call, fence off the back of my property & make it a hard hat area, I start a claim through my insurance company Lloyds.

 

Back garden has a 10m x 2m trench 40-50cm deep to the back wall of the house, the wall is cracked, broken pvc window frame, window inoperable, my dining room floor dropped 3cm heating pipes fractured flooded the house, supporting wall between the dining room & kitchen floated at floor level you could fit your hand through from one room to the other, this all happened within 7 days.

 

Insurance Surveyor said, if you had a family you would move out of here as its safety is questionable.... So thats what I did...

 

I had the house valued, at £150-£175 a few days later, 6 months earlier it was valued at £325-£350, mortgage £220k

 

I kept Santander/Eversheds informed & sent copies of every letter from TCB & Lloyds, eventually Eversheds started repossession I said come & get the keys no problem, I waited for the bailiff at 10am, by 11am I called Eversheds, I was told they had changed their mind & wanted me to carry on pursuing TCB & Lloyds Insurance.

 

Work is hit hard by the recession the company I work for go from 27 staff to 4 staff in 10 months & I go from £55k pa to £20k pa.

 

Shortly after I make an arrangement to pay £280pm interest only for 2 yrs.

 

After 3 years & £5k of solicitors letters later, TCA said nothing to do with us 'prove it', Lloyds said its settlement & the house is structurally sound or 'prove it'!...

 

To 'prove it' Civil engineering companies quote from £12-£15k to do a full core sample & underground camera survey with comprehensive report & don't guarantee anything but be prepared for a bill up to £30k.

 

I decide to invest the money in the property & start repairs myself, the rear wall is stabilised, rsj on the outside wall to spread the load on the surveyors advice, also the interior floating supporting wall removed with another rsj in place to support upstairs again on his advice along with two other Civil Engineers & 65sqm of new steel reinforced concrete flooring & £23k later... nice!

 

October this year the 2 year interest only payment comes to an end, a month to go until the jump to repayment of £940 I try to negotiate a staggered increase as I still need to spend about £5-£7k to finish the interior, re-plastering downstairs decorate new flooring & kitchen (already bought) to be fitted.

 

I continue to pay the interest payment, my Mortgage goes into default again as I am still negotiating 6 weeks on, as it seems to take about a week to get an email reply from Eversheds.

 

A repossession order is made, Eversheds say no more deals its 2 strikes & your out, I can submit an N244 & see what the judge says.

 

I speak to local solicitors, I don't even get call backs, I speak to national debt helpline & Shelter, both charities, both give the same advice & direct me with filling in & submitting my N244.

 

I submit my N244 have my hearing date, I speak to the Santander/Eversheds Solicitor before we go in to the hearing she calls Santander & says sorry no help, have to see what the judge says, she can't even look me in the eye.

 

The Solicitor & judge obviously know each other as they are on first name terms & they have just had a hearing together.

 

The judge takes all of the information above on board seems horrified that I stopped paying my mortgage just because my house was falling down, states an offer of paying £940 + £60 arrears with a review at 6 & 12 months for me to up the payment as I expect to earn more & take in a lodger not acceptable, he acknowledges I am in negative equity still to the tune of around £100k & states that the eviction will go ahead on the 27th.

 

I point out that I have spent around £30k trying to rectify these problems over the past 4 years & after all that I am in exactly the same place I was at the first eviction notice, I point out that I can clearly pay the mortgage, he agrees but says I can't clear the arrears in a satisfactory time with an agreement today, I point out there is 20 years to go on the mortgage & a lot has changed in the last 5 years & so it will in the coming 5 years but he says the eviction will stand.

 

The end!...

 

War & peace!... a little....

 

Thank you for taking the time to read to this point, if you can offer any advice it would be gratefully received, the clock is ticking... Eviction 27th Nov 12pm...

[HTA]

Hi Zackbj,

 

Welcome.

 

There is a lot of knowledgeable people on here that I am sure could help you.

 

It is a complicated issue to say the least BUT again, there is a wonderful wealth of people with knowledge on these sorts of issues.

 

Perhaps Ell-een will be able to help.

 

Keep positive

 

Regards

 

HTA

[Lookingforjustice]

I cannot believe the mortgage lender will not help you. They will struggle to get market value for this house as with the background of 'suspect/actual subsidence' it will probably be mortgageable and therefore sell at a huge loss and still leave you with the outstanding debt. Try Trish McGirr We buy houses who has considerable experience in stopping repossession I understand. I also believe if you can put in for an appeal before the eviction it will stop the repossession until after the hearing. Hope someone else comes on to help you good luck