Notice of Eviction - Mortgage Agency No.5

[ianbford]

About 5 years ago I lost my job and got behind with my mortgage. MAS No5 the mortgage provider went for eviction through the courts, but I managed to have the warrant suspended. I kept up the terms of the suspension and cleared all arrears, but the mortgage company refused to retract the eviction notice and said it would have to remain as suspended even though there no arrears.

 

Question 1: Was that lawful?

 

About 4.5 years ago we moved out of the property to move nearer to my new job which was 100 miles away with the intention of selling or renting the property. The market collapsed so we could not get a buyer above negative equity and as the house was empty longer it became damp to the point of being not fit to live in. During this period I have been trying to pay for this property plus the one that we live in now (rented), but it has been very difficult. The final stumbling block was last year when I had all of my wages taken from my bank by a PayDay Lender (despite not all being owed to them and me not giving them my bank details) which has been the catalyst for us falling 4 months behind. Last Saturday we were fortunate enough that after much hard work and travelling up and down to the property we have a tenant who has moved in. Despite numerous attempts to agree a payment plan MAS have refused and taken the suspended warrant back to court. We have been given an eviction date of 21.02.14, but due to having rented the property, my bonus at work due in March and an increase in salary as well as having cleared some other debts I am now in a position to clear the arrears by 31st March in full as well as reducing the arrears before the eviction date.

 

Question 2: Can I get the warranty suspended till 31.03.14?

 

Question 3: Once cleared can I get the suspension removed?

 

Having been visited by bailifs yesterday for Council Tax arrears for the property of £2139 (the council have imposed a 150% council tax charge I am at my wits end and could do with some advice and do not want to go bankrupt etc just want to pay my debts so I am in a position in the near future to sell this house and buy one nearer my work.

[honeybee13]

Hello there.

 

You've been through a tough time, haven't you? Hopefully we can help you disentangle all this.

 

I'll keep an eye on your thread today and if the gurus don't turn up, I'll send a couple of SOSs for you.

 

HB