Please help I have a eviction date for 8 Jan 2014 * Eviction Adjourned *

[Cheep]

I have a eviction date for Jan 2013 Bank of Scotland they have a suspended possession order and they have implemented it. we are £9000 in arrears and we have been making monthly payments of £800.00 in agreement with them. the mortgage is £757 contractual payments. they say we broke the agreement because we missed d two months but that was because we did not get paid one month then the next month paid twice so we are up to date now with our payments but they had already gone for the eviction notice. I am terrified Can not hav Christmas and were devastated I am filling in form N44 (whatever it is called.) I can not find the income and expenditure form on the sticky tread so if I could have a link I would be grateful would appreciate any help please

 

Jean

[Cheep]

the morgage is over

35yrs

how long left on mortgage

30 yrs

 

We pay contractual payments £752.71

Extra payments £47.29

 

Is arrears and fees inc in the arrears

arrears are £9425 -(800) -£800 for December£8625.

 

outstanding mortgage balance is

 

£141150.-(£800) -£800 for December 140350

 

asking for payment of £3116.

Dec 30 2013

[Cheep]

to cancel the eviction they want a lump sum payment of £3116.00

[HTA]

Hi Cheep,

 

As you probably know you are in the right place for possitive and constructive help in this forum.

 

Ell-enn is the resident Saint here and I am sure she will be along shortly?

 

I *think* the link below is the I and E sheet you need, but again Ell-enn will confirm this for you.

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=23606&d=1291738900

 

First of all please keep your cool. January 8th is a long way off but of course I understand that you are keen to get this sorted for Christmas etc.

 

The people on here are just heaven sent and will help you on all fronts.

 

Kind regards

 

HTA

[Ell-enn]

Hi there, you need to write to them telling them that you are up to date with your payments and that the blip was due to not being paid one month but you remedied the situation the next month (did you advise them at the time?). I can help you with a letter to send to them if you need me to , they may withdraw the eviction notice when you point out that you intend to apply to the court for a hearing in front of a judge and will be reporting their unnecessary enforcement action.

 

 

Don't apply for the hearing just yet, get a letter sent and see if they withdraw.

[Cheep]

I have beenm in constant contact with them and they just will not budge they say we have broketn the rrangement a few times and they are not going to withdraw.

 

Jean

[Cheep]

We did not advise them at the time but shortly afterwards. The help on here is heaven sent indeed so may I say Thank you already for this help I did tell them about the blip but thy said the only way out for us to stop the eviction was to go to court and appeal to a judge they said it is your right to do that I pleaded with them they said we had broken past arrangements and the last arrangement was our last chance. so they said the only way to stop it is a lump sum payment. J~ean

[HTA]

Hi again Cheep,

 

Well at least Mr Bully has got one thing right "... they said it is your right to do that...". For once they have got something right

 

Don't be intimidated by Mr Bully

 

Chill and stay focused.

 

Regards

 

HTA

[Derwent]

they say we broke the agreement because we missed two months but that was because we did not get paid one month then the next month paid twice so we are up to date now with our payments but they had already gone for the eviction notice.

 

Am I missing something here - if you missed 2 months but the next month paid twice then surely you'd still be 1 month behind as by that time you'd have 2 months arrears plus current month payment, meaning 3 payments were due instead of 2 ?

[Cheep]

Hello I paid two months this month to catch up then one payment today which makes 3 payments for 3 months so I must be up to date with all the payments but still have the arrears of course,

 

Jean

[Cheep]

Hello Ell-een I f you could help me with a letter to send them I would be grateful. Thanks

 

JEan

[Cheep]

Hello again is it a N244 form I need ior a N440 form I think the 1st am I right? I tried to do it on-line but found I could not so I have rang the court to have one sent out I asked for n244 form so hope it is the right one.

[Cheep]

I have downloaded the budget sheet but I have not got excel on my pc it downloads the form but I am not able to dill it in.

[HTA]

If you go to the link below you can download (For Free) OpenOffice - its just like M$ products and it will open Excel and Word documents

 

http://www.openoffice.org/download/

 

Regards

 

HTA

[Ell-enn]

Have a look at the guide on this forum http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession it shows you how to fill in an N244 and set out a statement to go with it. You can also download the N244 and budget sheet from the second post in that guide thread.

 

I will draft a letter for you later and post on here.

[Cheep]

Thank you all and you Ell=een so so much

[Cheep]

Hello Ell-een If you can still help me with that letter I will be grateful.

 

Jean

[Ell-enn]

Hi, I will affix the letter here shortly - what was the exact reason for missing the payments?

 

 

What date(s) did you make the payments to catch up?

[Cheep]

Hi Good Morning the next payment is due on 30th December 2013

so I am up to date with the arrangement.

 

Best Wishes

 

Jean

[Cheep]

Hi, I will affix the letter here shortly - what was the exact reason for missing the payments?

 

 

What date(s) did you make the payments to catch up?

 

Hello again the exact reason for missing the payments was because we did not get paid one month then when we got paid the next month we paid the two months then not long after that we paid another month all in all in November we have made 3 months worth of payments to bring us up to date.

 

Jean

[Ell-enn]

Why didn't you get paid ?

 

 

Also, I need the dates you missed payments and the dates you made the payments to catch up.

[Cheep]

Hi the firm we I work for did not pay as we do contract work. so they missed a month then the next month sent us two payments by cheque. We missed 30 September payment then the 30 October payment we made payments of £1000.00 on 1 November 2013 then we made a payment of £350.00 on November 11 then £150.00 November 12 then £100.00 November 18 then our last payment was £800.00 29 November they are scattered as we were paying every bit of money we could to get up to date. The business is Gardening and we are self employed.

 

Jean

[Ell-enn]

Hi, draft letter affixed, send it by special delivery (make sure you have the correct address) and keep a copy for yourselves. Also, keep the postal receipt safe so you can check on the royalmail website a few days after posting to print off the signed for receipt.

[ukaviator]

That must be hard to find work this time of year. You should demand all charges to be returned to you. Here is a letter link to do just that:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?390026-Mortgages-Reclaiming-Charges

 

Have you been paying PPI anywhere in the past? Have you claimed any back being self employed?

[Cheep]

We just about manage Thank you so so much Ell-enn I do not know what I would have done without you all on this site my husband is so unhappy about it all. Yes we will try and claim back the charges but I just want us to save our home first being Christmas the worse two months are Jan and Feb then it starts picking up a bit after that then I start my seasonal job in March at the en o it so then that helps al lot.

 

Jean