Halifax eviction for the third time - 28th november 2018

[sillygirl1]

Check with the council as you may get disability relief with council tax now you are getting PIP, and use turn2us.gov.uk to check you are getting all the relevant benefits.

[Mr.P]

Still get that SAR off to the mortgage provider. There may well be charges & fees that can be reclaimed, but you won't know unless you have all the information in front of you.

[Chilli501]

Hi. I'm afraid I need help again

 

I have an eviction date of 21/09. From the Halifax.

I've been getting the interest paid through the government scheme for over a year.

I had a field agent visit very recently in which they explained that I should have been making payments of £140 pm which is the cmp I need to pay and just a couple of pounds towards arrears.

 

I do need to up that payment though and will be doing that ASAP.I believed that since my mortgage is interest only and they pay the interest that the full payments were being made.

 

I've had one call from the Halifax in all this time and I don't remember getting any letters stating such.

When the agent visited, I told him I hadn't been aware of this and that I could make the payments going ahead.

I should have made a payment on the saturday but I had miscalculated when funds would be available (the following Monday, so 2 days)

I tried to tell them but couldn't get through.

The payment was actually due on the Monday and not the Saturday anyway?

 

Sadly I lost one of my pets that day but called first thing Tuesday, made the payment, explained why it wasn't paid the day before and informed them that there is now a direct debit set up to make the payments going ahead.

 

I still received an eviction Notice!

I have the N244 form to hand in today (ASAP).

Is there anything else I can do?

You would think I would be used to this by now .

I'm heading into town to hand in my N244 just after lunch..

.thanks ever so much for any help

 

Anyone?

[Chilli501]

I’m being evicted in 9 days.

 

Over the last 10 years I’ve had issues with the mortgage and have fought off several evictions.

 

I became seriously ill 10 years ago and finances were awful.

I missed payment and got a possession order.

I sorted it.

I ended up with my 2 baby grandsons and fought for a year for benefits.

Another possession order, sorted.

 

5 years ago my youngest daughter passed away.

I lost it and the boys went back to their mum.

 

Took a year to sort benefits and another possession order which again I sorted.

Last year my mum died.

 

At the same time they stopped my benefits for 10 months so yet another fight with the bank.

 

My eldest grandson came to live with me a year ago

. He is under mental health and is literally on lockdown and can’t be left alone.

 

2 months ago 8 had to change benefits to universal credit.

Paid the payment to the mortgage plus extra.

 

This morning I got an eviction notice.

I’ve got 9 days!! What can I do?

 

The bank said the eviction is going ahead due to the difficulties on the account over the years

 

. Is there anything I can do?

Edited November 19, 2018 by dx100uk
Edied, unwanted comments removed - HB ....spacing+edit _ dx

[Andyorch]

Hi and Welcome to CAG

 

I have moved your thread to the appropriate forum...please continue to post here to your thread.

 

Andy

[Chilli501]

Hi Andy. Thank you.

 

I’ve actually been a member of cag for years but my old email was hacked so had to re register.

 

I know I need to fill in n244 but not sure what to put? I have to go see the council in the morning.

 

Would it be worth getting statements from my social worker and family support worker?

 

Now benefits are sorted I can pay the court order plus extra off the arrears and this shouldn’t change going ahead. My partner who doesn’t live with me has offered to make the payment. He’s really good with money so it would definitely be paid.

I’ve made this months payment with extra.

 

Over the years in between fighting the world I’ve buried my head in the sand so to speak so haven’t done a good job sorting things properly. It’s not just me now though.

 

My grandson NEEDS the stability and security of a safe home.

 

Can I put this in my statement?

 

Thanks ever so much for your help

Edited November 19, 2018 by dx100uk
Spacing

[renegadeimp]

How much are you in arrears by.

[Chilli501]

10, 000. The mortgage is 97,000 and the house is worth at least 230,000

[Ell-enn]

Hi, have a read of this https://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession

 

It shows you how to fill in the N244 and how to write a statement to go with it. Also there is a budget sheet in the second post of that thread, you should complete that to go with the form.

 

How long do you have left to go on the mortgage.

 

I will try and get back later this evening to see if you need more help.

[Chilli501]

Ell-enn thank you!

 

I think there’s a good 13 years left on the mortgage I need to get the form tomorrow so can’t do anything atm.

 

I can do the budget sheet though.

 

Can I print a copy of the statement in the payments section of uc to show what I’ll be getting?

 

And a statement from my partner to say he will be controlling the payments etc?

Edited November 19, 2018 by dx100uk
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[Ell-enn]

In post 2 of that thread there is a pdf of the N244 form

 

What do you mean by this ? Can I print a copy of the statement in the payments section of uc to show what I’ll be getting?

[Andyorch]

Hi Andy. Thank you. I’ve actually been a member of cag for years but my old email was hacked so had to re register.

 

Thanks ever so much for your help

 

What was you previous Username...we may be able to merge your old threads to get the history...assuming you had posted previously on this matter ?

 

 

Andy

[Chilli501]

Hi Andy.

I haven’t posted on this before but my use name was chilli50.

 

Ell-enn it shows what I’ll be paid and the breakdown eg universal credit, then benefit allowance as I’ve got a child here plus the disability element.

 

It’s from universal credit.

I thought that because it’s actually from universal credit and not written by me it might look better?

Edited November 19, 2018 by dx100uk
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[Ell-enn]

OK I see what you mean, that would be good

[Chilli501]

Brilliant. I’ll grt that sorted in the morning. Thank you Ell-enn

[Andyorch]

Hi Andy.

I haven’t posted on this before but my use name was chilli50.

 

 

I have merged your old username and threads/posts to your new username...please allow a few days for your history to embed.

 

Regards

 

Andy

[lookinforinfo]

My condolences on the loss of your Mother. You are having a tough time.

 

on post 1 above you say that you have had three evictions and sorted them all. Have you had a fourth eviction order or is the bank

[which one please?] just using your past history.

If there was a fourth Court case did you attend and what was the verdict.

 

Do you have any way of raising the £10000 in the next month or so if you cannot manage it in 9 days?

 

I take it that you are looking after your grandson so his Mother can work?

Do you get a carers allowance from the Council to help take care of your grandson.

 

Is your family able to help you out financially and get you over this hurdle?

Edited November 22, 2018 by dx100uk
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[Chilli501]

I have an eviction date of 28th nov.

No chance of raising £10k

 

My grandson is living with me .

I’ve no family able to help

Thanks for your advice

 

Thank you x

Edited November 24, 2018 by dx100uk
merge

[lookinforinfo]

Your main option then is to sadly sell your property.

I don't know how long the Court would allow you to stay while a sale went through in light of the fact that the bank will get all their money back

Not just the outstanding amount but they

Should allow you some extra time.

 

There are of course companies that will buy your house within days. You obviously will not get full market value

For it but you could negotiate with them to stay there afterwards on a rental basis (you should end up with at least

£100000).You have then some breathing space to decide if you want to continue living there.

[lookinforinfo]

Chilli I hope my previous post was not that blunt for you at this difficult time.

 

I have just remembered that I think you said that you were on an interest only mortgage. If that is the case then I imagine that you would also be paying into a life insurance policy to pay off the mortgage on the due date. It might be worth checking to see what its value is now as there may be sufficient to clear your arrears and reduce the capital by a sufficient amount for the bank to rescind the eviction notice. Then you can either take out another life policy or switch to a repayment mortgage.

 

Of course you will lose certain terminal bonuses in your policy if you do decide to go that way. So you may decide to keep the policy going to its end even if you sell the house now to give you a tidy cash lump sum in thirteen years from now.

Edited November 22, 2018 by honeybee13
Paras

[Chilli501]

It wasn’t too blunt. Thank you.

 

I’ve just thought of another possibility?

I could sell part back to the council?

I bought it from them.

 

A friend of mine has said she can take out a loan for £2000 for me.

Her credit is good so won’t be an issue for her.

I can pay back what I can afford.

This means I can possibly raise £2500.

That would clear 25% of the arrears.

Do you think this could be enough to stop the eviction?

Obviously there’s no guarantee but maybe a chance?

Thanks ever so much for all your advice x

 

I think I could be on repayment mortgage now but for the life of me I can’t remember for certain.

I’ll nred to check...

Edited November 24, 2018 by dx100uk
merge

[lookinforinfo]

It might be an idea to check withe bank. I expect they would need some sort of expectancy of when the other £7500 would be cleared in addition to the regular monthly payments going through at the same time.

 

The Court would hopefully take into consideration that they would be evicting a lady and your grandson with his problems having

few resources trying to find somewhere to live shortly before Christmas. It may be that the amount offered may not be enough

without something else-perhaps an offer to sell the house would be sufficient to at least give you a couple of months more time

in the house to sort out an acceptable arrangement.

 

I don't know how you could sell it back either totally or in part, but it wouldn't hurt to ask them. Something might come of it which would help the Court not to carry out the eviction order.

 

PS I thought I read on your previous thread you said your mortgage was interest only

[Chilli501]

Hi.

I’ve been on the phone to the mortgage today.

A friend has offered to give me £2000.

The problem is it’s on her credit card so the mortgage won’t accept it as it’s credit to pay credit.

They wouldn’t accept anyway as it’s the 4th time so they want the full arrears of £10k plus a guaranteed monthly payment plus a direct debit.

 

I can do a budget sheet proving I can pay £250pm which is £30 over the court order.

I could maybe even go to £300.

I would have to do budget sheet first though to know for sure.

 

Would it be possible for the judge to override the eviction at all?

Especially in light of my grandson?

 

He has seriousl mental health issues

Surely this has to stand for something?

He’s lost his aunty, his nanny (my mum), his family and now his home and if the social worker decides so, me too!

Edited November 24, 2018 by dx100uk
merge

[renegadeimp]

The judge can stop an eviction, but it all depends on the history of the account, ability to pay etc etc.

[lookinforinfo]

I have never heard of the expression of refusing a credit card to pay credit . Though I think it might work in your favour to tell the Court that your bank have refused the payment so don't forget to tell the Court of their refusal.

 

It may be better to hang on to the £2000 until the hearing since if the Judge decides against you it is better that you owe the £10000 to the Bank rather than owe £8000 to the bank and £2000 to your friend.

 

None of us have a crystal ball and know what the Judge will decide. However although you have been in arrears several times before you have always got your self back on track again which should count in your favour. Obviously being able to reduce the arrears will help but the big question will be how quickly can you reduce the £8000 to get you back on track.

Edited November 24, 2018 by honeybee13
Paras