Eviction by Acenden

[nicurro]

Hi , i have been issued a warrant of eviction by the Bailiff . My mortgage is with SPML / Acenden .
I have around £8000 arrears and have been off work through illness for 15 months.
Just been to CCCS who have created a budget sheet showing that now my benefits are in place i can now afford the mortgage + £50 towards arrears.

Sent this to Acenden but not heard from them yet.


If i try to make an arrangement with them they refuse unless a lump sum payment is made.
I feel they are just using this now as a threat and not wanting to help .

Can i get the eviction stopped by going to the County Court and if so how?

Also , around £2000 is made up of charges and i wondered how to start to reclaim these and if anyone has had any success with climing back the charges.

Thanks

[Caspar]

Re: Eviction by Acenden

Just found this Googling. It may help:

Delay or Stop The Eviction Process

Remember whilst you are still in your home there is still a chance you can stop the repossession eviction. When the bailiffs gave you notice of the eviction they will have included a form. You should fill in this form to request another court hearing. Explain your circumstances and your reasons why you want the bailiffs visit to be stopped or delayed.
This form should be returned as soon as possible, and it is advisable that you hand deliver the form to the court to ensure it is received. The judge will then arrange another hearing.
If you have been able to agree a sale of your property and can show that the sale can complete quickly, or that you have found a ‘sell and rent back scheme’ which enables your mortgage to be repaid without moving out of your house then these details should be included.
What To Write On The Eviction Notice Form

When you fill in the form you need to give strong reasons why the bailiffs should be delayed of stopped altogether. Possible reasons for a judge to decide to suspend the repossession order and stop an eviction include:-

• An Agreed Sale
  You have found an agreed sale for the property which can pay back all the mortgage to the lender, you need to include the date when the sale is due to complete and if you are selling the property quickly for cash though Repossession-Stoppers.com then we can provide a written letter detailing when the sale can be expected to complete.
• Sell and Rent Back
  If you have found a suitable ‘sell and rent back scheme’ which allows you to pay back all the mortgage and then rent the property from the investor. again, a written letter detailing when the sale will complete will be useful – again we can provide these if required.
• Young or Disabled Children
  If you have young or disabled children you should make it clear that you need more time to find somewhere else to live.
• Ill Health
  If you are ill, in hospital or waiting for an operation you should say how much time you are likely to need to recover and whether you will be able to repay the debt once you are recovered (eg. by returning to work)
• Finance
  If your financial situation has improved, or is about to – and you will be able to repay the debt, you should explain how your situation has improved (for example if you have a new job)

[nicurro]

Re: Eviction by Acenden

HI , the letter from the Bailiff did not come with a form to complete.
My reasons will be that i am now almost well enough to return to work and expect that i will return in about 8 weeks , this will increase my income above what i currently receive in benefits and make the payments more affordable.
The CCCS have produces a budget sheet which shows affordability now all the benefits i am entitled to are in place including the Support for Mortgage interest benefit which has been backdated to March 2011.
I will also be able to make a payment of £1000 as soon as i receive the money which is expected to be in the next three weeks.

These are my main reasons but do i still need to explain that i have had an operation on my spine and the recovery has not been as quick as expected and that when i applied for Mortgage Rescue i was told that Acenden would not take any further action until the decision had been reached on this. When they found out that the Mortgage Rescue would not be going ahead they then decided to add on 4 months of charges and started eviction process.

Please advise.

Nicurro

[Caspar]

Re: Eviction by Acenden

Hi,

I am not an expert on this - in fact far from. I am only going by what I found on the internet. However, that site is normally well regarded and usually accurate, so if they say you should have had a form from the bailiffs I suspect they're correct. I would be inclined, in the absence of expert advice, to contact the court and the bailiffs and ask where the form is.

Alternatively, I'm not sure whether there is a helpline number you can phone for that site. If not, try contacting your local CAB. If there is a form you need to fill in, then you need to get hold of it asap, I'm sure you don't need me to tell you that!

It did look to me as though you'd have grounds to appeal it, hence my posting the link.

Good luck!