Eviction date 23rd Feb Help required to delay

[jumbo100]

Re: Eviction date 23rd Feb Help required to delay

We've come to the conclusion that we've lost the battle for our home. We will be able to secure accomodation but this will take a week or two and to move 20yrs of possessions in that time whilst we're working is just not physically possible. Hence the focus of my efforts is to delay eviction.

Help and advice gratefully received.

[teaboy2]

Re: Eviction date 23rd Feb Help required to delay

Thanks Mrs James,

We're an honest, genuine middle class family. We try to help people we come across that need it. We're empathetic and sympathetic to people's situations. Helping the elderly next door neighbour or visiting someone in hospital etc. I'm the sort of person that if I see someone broken down on the side of the road I will stop to see if I can help. You get the picture of the sort of lives we lead and how we raise our children. The school and anyone who knows our children think they are wonderfull and so well behaved.

It really sticks in my throat that we're in this mess because of someone elses doing. i.e fraud!! The Police and Bank are not the slightest bit interested. The legal situation is 'You owe us the money. We have your house as security so get out!' Never mind the circumstances. Maybe I'm cynical and bitter right now but it seems that the large organisations and certain government departments view people's lives as having no value.


Financially, we're caught in the middle. We did have a successful business until the 'alleged' fraud undertaken by a former friend who joined the business. The money we had has all but gone. We still have aspirations and ambition and want our children to have some security in life and the opportunities that money brings. It's tough out there and it's pretty tough right here right now.

If we we're entirely dependant on state benefits and in social housing we would get all the help in the world. Such as legal aid to fight all the cr*p we're going through. The bank have made serious errors in our case like doubling up on personal guarantees, mis selling of insurance and yet because they have the financial resources to throw at people like us who don't have the money to fight back they just ride rough shod. Sadly it seems the more money you have the more justice you can buy. Unless as I said you have nothing.

Having said all of that money cannot buy the love that as a family we share in volumes you could only imagine. The respect and admiration that we receive from other people. We have no serious health problems and although happiness is elluding us at the moment if we come through this situation with all that intact then we will be stronger for it. We will regroup, take stock and begin to rebuild our lives. We will continue to help others as best we can.


I HOPE EVERYONE READS THIS

When you're in the depths of despair and fighting a losing battle against what is fair and just it is very easy to lose sight of the FACT that there are other people out there a million times worse off. I encourage anyone who reads this to take heart, remember that there are people worse off and to find the inner strength and support from others to get through whatever life throws at you.

Did you not have insurance to cover such event of fraud? I suggest you read through your company insurance documents. Also if fraud did occur, then you should have presented the case number to the bank.

Also want happened to the person that committed the fraud? as you should be able to recover any costs you incurred from them including any property they own.

As you know this is a very complex area of law, and ideally you should have sought our help a hell of a lot sooner rather than leaving it to the last minute as we may well have been able to prevent you losing your home, which is now clearly impossible to prevent given theres only 4 days left.

I apprciate you long post, which to be honest was more a self description and i do not doubt your charater at all, but what we really need is the full details, no matter how small or irelevant it may seem, as its often those small details that can turn a case on its head. So give us a full back ground story including details as to what happened etc. Otherwise your not really giving us anything to go on and as such we can not advise on something that we do not know the back ground details off. Though i do appreciate your busy packing as well as unwell.

[jumbo100]

Re: Eviction date 23rd Feb Help required to delay

Thanks for the response Teaboy.
Much appreciated.
With regard to the 'alleged fraud', as I stated the police did not want to know. They just considered it a loan between friends. So, no crime! I recently spoke to a Barrister who suggested it sounded like 'Fraud by Misrepresentation. I don't want to go into details publicly as this may predjudice action I hope to take. Without a crime, even if I had insurance, I could not have claimed. The person concerned has gone abroad with my money. I don't know where but might have an idea of country. I've spoken to so many organisations, all of whom need money to help. I paid the Independent Banking Advisory Service (IBAS) £600 to assist. I had seen recomendations of their service. Personally I would not use them again. I spoke to a Barrister. Complained to the Financial Ombudsman etc etc. The bank made a token gesture without actually admitting they had made a mistake. Slimy bas***ds. I fully expect them to persue me for the amount including the error they made. The bank just have the resources to do almost whatever they want. I really think I've exhausted every avenue available to me. Unless, someone can tell me different. Oh, and just about to make another complaint to the financial Ombudsman about mis selling of insurance.

What would you like to know?

[SpringerSpaniel]

Re: Eviction date 23rd Feb Help required to delay

Regarding the eviction, if this is the execution of a possession warrant granted in the County Court, you can try and negotiate with the court and its bailiffs for extra time to pack, get ready and make alternative arrangements; you should offer to pay an amount equivalent to 'rent' for the use of the property during this period, which is technically known as 'mesne profits'.

If you have legal arguments why the possession order should not have been granted or should be suspended on terms, you can still apply for the Court to suspend the order, you will need to do this as soon as possible eg first thing tomorrow morning.

If the order was made not in the county court but in the High Court, post again as there are some members here who specialise in enforcement powers of the HIgh Court's officers, whihc are different and greater than those of bailiffs carrying out county court work.

Apart from the immediate situation, you may want to try and take legal action to recover money owed to you / your business as a result of thee alleged fraud. What remedies you have, civil and criminal, will depend on the exact situation eg was the person involved a partner or Director, or were they your employee ? Just because the police have been dismissive so far does not mean that criminal offences eg under the Theft Act or the Fraud Act. One of the members here is a retired police officer, he may be along soon and he has a very good knowledge of criminal law. A civil remedy eg a claim for fraudulent misrepresentation may be more geared to getting you money back rather than imposing penalties eg imprisonment on the wrong does, however if the sums involved in the fraud are substantial, criminal charges may be more likely to result in being able to sort it out in the UK.

[jumbo100]

Re: Eviction date 23rd Feb Help required to delay

Went to friends for supper tonight. Break did us good.

Hardly had any sleep last night worrying so headed off to bed now. Thanks to all of you for your responses and kindness.

The battle recommences tomorrow!!

[SpringerSpaniel]

Re: Eviction date 23rd Feb Help required to delay

Whilst trying to delay or challenge the eviction if at all possible, you also need to be making emergency plans.

Do you have any friends or relatives you could stay with for a short time whilst you sort out the rented accomodation ? Or do you have a caravan or a boat you could live on for those days ?

Hope for the best but prepare for the worst.

[jumbo100]

Re: Eviction date 23rd Feb Help required to delay

Still working on that but given that my wife works untill 6.35pm, our three children are at school with all the logistics that come with that such as uniform, school books, sports kit, homework etc etc. it's just not feasible to operate from anywhere other than home. We don't at present have anywhere we can stay should the bailiffs appear on Thursday so I have to ensure that I can get the eviction delayed. I was genuinely dumbfounded when the DJ originally granted a 28 dayPO but surely any reasonable DJ will grant us a few weeks stay?

[SpringerSpaniel]

Re: Eviction date 23rd Feb Help required to delay

You should make challenging this your TOP PRIORITY even if it means taking time off work / school.

You cannot rely on getting extra time from the Court, you have had time to resist or appeal the order already. The Court will expect to be reasonable to the other side as well, who have presented their case and won.

[labman]

Re: Eviction date 23rd Feb Help required to delay

Jumbo,

Apologies for coming to this late, and possibly appearing a little blunt, but I am extremely concerned by what I am reading here. You and your family are about to be made homeless, and you appear to have little sense of urgency. I am very worried about your situation.

You need to take time off work to sort this issue out. You should not go to work tomorrow.

If you want serious help from this site, you need to;

1. Post up the the amount of secured borrowing which is the subject of proceedings.

2. The value of your house (or other property on which the debt is secured).

3. The amounts and types of lending of anything else secured on the property.

4. The approximate amount of any other unsecured debt.

5. Any Crown Debt owing (to HMRC etc....)

VERY IMPORTANT
Redacted copies of:

6. Court orders against you.

7. Any pre-action letters served.

8. Defence statements submitted.

9. The agreement for the secured loan.

You need to do this first thing tomorrow morning. If you don't, you and your children will be living on the streets on Thursday.

I am really sorry to put it so bluntly, but I know a lot of trouble has been taken to try to help you, and you really need to do something to help yourselves.

PLEASE PLEASE act on this request and do something. If you choose not to, you need, urgently, to find somewhere to go to get a roof over your heads on Thursday.

[jumbo100]

Re: Eviction date 23rd Feb Help required to delay

I am indeed taking this very, very very seriously and with the utmost urgency. I expect to be in a position today to be able to tell the cour (using form n244)t that we have an offer of accomodation from 1st March so just need a short time to finalise this and move our possessions. I don't believe it's possible to put any challenge to the original PO in place within the timescales for a number of reasons. Half our stuff is packed, including paperwork. I have to assume the eviction is going ahead and therefore my priority has to be accomodation. Surely it's not unreasonable to grant a delay of execution based on that?

[SpringerSpaniel]

Re: Eviction date 23rd Feb Help required to delay

I doubt very much that this application will succeed. Your only point is really that you need more time to find accomodation, despite haivng already had 28 days and being aware these proceedings were taking place.

Your case would be stronger if you needed more time to put in an appeal against the original order.

You may do better trying to negotiate informally with the Claimant and the court bailiff's. Are you in a position to offer any rent ?

[jumbo100]

Re: Eviction date 23rd Feb Help required to delay

Thanks Springer, I know you , Labman and Bluebottle have been looking at this. I can't tell you how grateful we are for everyone's help. I hope once we're settled to be able to contribute Do you thinks it's possible to get a challenge in given the timescale? If so I can try and get as much of the information together as possible today. If I'm correct Form N244 can be submitted right up until the day/time of the scheduled eviction.

[SpringerSpaniel]

Re: Eviction date 23rd Feb Help required to delay

You ought to get the application in tomorrow if not today, I cannot emphasise enough the sooner the better.

Also be prepared to appear in front of a judge when you takee the cliam in or at short notive afterwards - even if you have to take time of work to do so

[labman]

Re: Eviction date 23rd Feb Help required to delay

I would second that. I feel it would be by far the best thing to get this in today if at all possible. I understand fully there are other issues going on behind the scenes, but you cannot pin your hopes on those at this late stage, and really need to act immediately to protect yourself and your family.

I would very strongly urge you to get to the court today if it is at all feasible. I realise the constraints of work, but sometimes other things have to take priority - this is very much one of those things.

[jumbo100]

Re: Eviction date 23rd Feb Help required to delay

I work for myself so I will do whatever is necessary and as directed by you collectively. What should I be putting on the form N244 and should it be to the court where the eviction notice was applied or will my local county court suffice?