Halifax eviction notice ***Success***

[Tash1990]

I am going to hun 

 

Dont look like any duty legal advisors are here can't even book until 2 as the usher is on her lunch not looking good

[honeybee13]

But you've got the pack that Ell-enn did for you?

 

HB

[Tash1990]

Hi guys just to say we won

 

the judge wasnt happy with the way Halifax have gone for the eviction demanding the full arrears

 

he said to file a complaint against them

he said they should have agreed an agreement before hand

 

so yes success and a weight of our shoulders thanks to all of u for ur support and guidance x

[Andyorch]

...CAG strikes again.Great work Ell-enn

 

Well done Tash

 

Thread title updated

 

Andy

[London1971]

Not been contributing here, just been watching. You have made my day !!!! Congratulations

[honeybee13]

Wow!! Great news, Tash, well done.   Well done to Ell-enn too. I've been waiting to see how you got on.

 

When you've calmed down and maybe had a half of cider to celebrate, could you tell us more about how the hearing went please?

 

HB

[Ell-enn]

Brilliant News !   Well done

[Tash1990]

Yes just about to best dinner with the kids and will post later once I've got kids settled in my saved home x

[Tash1990]

Not long had a phone call from Halifax not sure what about as missed there call but they left a voicemail saying to call them back should we or not now it's been sorted on court 

[honeybee13]

I wouldn't rush to ring them and don't understand why they aren't doing this in writing, but I guess they've gone home now anyway. See what Ell-enn thinks.

 

HB

[Tash1990]

Just looked though call log onnohone they tried to call at 13.13 and left a message just before the hearing I wonder why will explain more in depth later 

[Ell-enn]

They're probably ringing to try and get you to pay all the arrears to stop eviction which they'll still think is tomorrow and obviously don't know what has been happening today -idiots!  I wouldn't call them back - they'll find out from the court that you got the eviction stopped.  You've no need to talk to them at all now.

Just make sure you never miss a payment or they'll go straight for eviction again.

[Tash1990]

Ok Ellen they called before hearing so they have probably heard now anyway xx we asked the solicitor before hearing what would happen if suspended order happened again who would contact bailiffs they said the court would contact them to tell them to stand down or something but what happens if they turn up romorrow

[Tash1990]

And also we need into the court room it was the same judge has last time believe it or not

 

he said so there rep what was there proposal they said the arrears in full to stop the eviction he said that wasnt going to happen and they should have accepted are offer which is more than reasonable and also stated that that wasnt in the terms if the mortgage or something

 

he said to us that he could see we have reduce the original arrears amount up to date and that the offer was overly reasonable and asked if we could afford it so think he may have reduced amount if needed but we didint want to

 

he said he new the reps hands were tied to them and that it wasnt his fault but he made it quite clear that it wasnt fair on Halifax for demanding the full arrears has they couldn't if we were trying and he told us he was going to resuspend again and he could see we had a but of a blip but we fixed that by paying if what we owed and he would resuspend again

 

he also told us to send in a complaint to Halifax to basically say they should not have let it get this far when we tried to come to an agreement they had no grounds to no agree when we could show we could afford so all in all very good hearing

 

thankyou Ellen and the rest cag oh by the way I mentioned I've been speaking to cag to solicitor and he seemed to have knowledge said u can be very helpful and asked if I got the Income and expenditure form if u and I said yes of cause so well done to u all xx

[Tash1990]

He also said to the Halifax rep to pass on a message which he basically told him that they was in the wrong and shouldn't be demanding full arrears as that was not in the mortgage term so hakifax basically got told of lol

 

so glad we won I'm over the moon a huge weight has been lifted of my shoulders never gonna miss a payment again or if i do have to I will contact them before hand to let them no dont want to go through his stress again x just want a normal happy life now x

 

I would like some more advice on mortgage but will do another thread when the time comes 

 

[Ell-enn]

I'm so pleased for you - I told you it would be ok    judges are much more understanding think

[Tash1990]

Thankyou so much Ellen if it wasnt for u I wouldn't have saved our house just one more question what happens if the bailiffs do turn up tomorrow 

[Andyorch]

Tell them to check with their office as the Warrant for Possession was suspended

[Tash1990]

Ok the solicitor did say that the court would ask them to stand down at some point today so hopefully they wont turn up 

Thanks so much every 

[Tash1990]

Hi ellen

 

just a quick one

unfortunately I've been ill so I've had to take a few days of work this month which means I can pay mortgage 320 but can pay the other 70 on Friday

 

do u think they will start proceedings again for such a short space of time

its not like I've not paid any towards arrears what do you think

 

panicking don't want to go through it all again

its not like I CANT afford to pay its just I've had a sickness bug but due to my line if work I have had to take 3 days off which is 1 week less pay more or less

 

I'm hoping they will wait till Friday when they will receive the other 70 which will make the 400 agreed in court

 

I'll be OK for next month as I've got a few extra shifts so more pay to make up for the time I've had off it'd just these things happen u cnt help being ill when you're the only earner 

 

But like I said the order will be up to date Friday 

[Ell-enn]

Hi,  the problem with paying on Friday is that the payment will then be credited as August, not July which will make it look like you've not complied with the court order - not great given the hearing was only a few weeks ago.   However, you could ring them and tell them what's happened and then immediately follow it up with a letter confirming - for goodness sake don't just leave telling them and hope for the best.

[Tash1990]

OK will call then tomorrow

i had the same issue when i was in hospital having little one and didn't pay until the 7th Feb and they seemed to be OK with that so hoping they will this time 

 

Will pay 320 in the morning then call them to say I've paid this and 70 Friday for July and payments will resume on 28th august as agreed on the order obviously explaing my reason for not paying full monthly payment

 

 

Will also out in writing and send it recorded delivery

I'm also gonna out that this will make the order up to date

I'll argue that the judge wasnt happy that they never made an agreement before going for eviction last time round and that i should put in a complaint about that for this amount off arrears its not like I'm not willing to make it up to date x

 

I'm gonna see if my aunt can lend me the money to pay it all

 

[Tash1990]

My aunt CANT help me so gonna have to try and sort something with Halifax

 

I hope they will understand my situation

 

I'm gonna pay them go to date so hopefully it wont be a problem if I keep them informed and yes will follow up with a letter xx

[Tash1990]

Hi Ellen

I've paid them 350 this morning will get my partner to phone them later as he got doctors appointment this morning so will call them to explain this afternoon

 

I've also drafted a letter to send later on too

I've explained in the letter that due to me being Ill for a few days last fortnight my pay is reduced and unfortunately due to these circumstances I'm unable to pay full monthly agree in full but have paid 350 today and will pay up to date on Friday the 2nd of August payment of 50 pounds will be made which will bring court order up to date then the 400 monthly payments will be paid going forward thus month is only due to circumstances very sorry signed etc x