Lloyds/TSB going for 4th eviction on 2007 SPO **WON AGAIN**

[jackson15]

Thank you to everyone that replied to my posts, especially Ell-enn.

 

Got to the court early 9am as my hearing was due at 9.45. No legal advisers.

The lender had their legal representative.

 

The lender wanted to enforce the warrant as this was the 4th application for suspension since 2007.

I explained that I had paid the arrears and was now up to date with my agreement.

 

The lenders representative said there was no agreement and wanted to go back to the original order from 2007

which was the monthly repayment plus £200 which was affordable at the time.

The lenders representative also said that they had no proof of my earnings.

I told the judge that I had proof of my income at hand today.

 

The judge said that there was an agreement from 2013 for the monthly repayment plus £42.07,

which I have since increased voluntarily to the monthly repayment plus £52.07.

 

The arrears are £8655.33 and there are 174 months left on the mortgage,

which is within the C&G V Norgen agreement of paying the arrears off within the term of the mortgage.

 

The judge then said that I could not just miss payments, bring the account back up to date,

come to court apply for a suspension quoting the C&G V Norgen case hoping to get the eviction order suspended.

At this point I thought she was going to grant the eviction order.

 

She then turned to the lenders representative and said she was going to suspend the eviction

but if there were any problems in the future,

any application for suspension would need to go before a County Court Judge

before an application for a hearing for suspension would be allowed.

 

I'm not sure exactly what this means until I get the letter from the court confirming everything.

 

Again thank everyone for your help

 

I will post the letter from the court confirming the suspension when it arrives.

 

 

Time to relax

Edited September 2, 2015 by citizenB
formatting

[Ell-enn]

Excellent, well done

[jackson15]

Thank you Ell-enn :-D

[citizenB]

Excellent news.

[jackson15]

Thank you citizenB

[dx100uk]

She then turned to the lenders representative and said she was going to suspend the eviction

but if there were any problems in the future,

any application for suspension would need to go before a County Court Judge

before an application for a hearing for suspension would be allowed.

 

I'm not sure exactly what this means until I get the letter from the court confirming everything.

 

Again thank everyone for your help

 

I will post the letter from the court confirming the suspension when it arrives.

 

 

Time to relax

 

 

it means they cant simple keep blindly issuing eviction notices

without going before a COURT FIRST.

 

 

in other words - a slap on the wrist for doing it 3 times already & effectively wasting the courts time.

 

 

dx

[Ell-enn]

It's the application for suspension that would need to go before the county court, not the application for eviction.

[dx100uk]

thank you

I'd blame the spell checker but that would be a lie:lol:

[Ell-enn]

thank you

I'd blame the spell checker but that would be a lie:lol:

 

[jackson15]

Hi

Again thank you everyone for you kind words and support.

 

 

I received the letter from the court this morning.

 

 

I would be grateful if someone could explain the legal meaning/implications of the letter, and where I stand in this matter.

 

 

As I have 10yrs left on my mortgage and as my health is largely out of my hands,

as I don't miss payments on purpose and always pay on time if I can.

 

 

What would happen if I had a period out of work and was unable to make payment and the bank decided to execute the warrant.

 

Here are the contents of the letter:

 

Upon hearing for the Claimant and upon hearing Mr xxxx xxxxx in person

 

IT IS ORDERED THAT

 

1. The warrant be suspended on payment of current monthly instalment of £xxx together with £xx per month in respect of arrears. First instalment on 30th September 2015.

 

2. No further application for suspension of a warrent is to be listed without the Court's permission.

 

I feel I am more vulnerable to eviction now than I was prior to the hearing.

The judge said in her summing up that I could not just quote and hide behind the Norgen case and hope the court would suspend the eviction.

 

I would be grateful for your comments and advice on this matter.

 

Kindest Regards