Just got an Eviction Notice

[Delta]

Hi all sorry about not being around recently, been ill.

Anyway went out today and got home to find that a bailiff had been round and put an eviction notice through the door on behalf of the Abbey who my mortgage is with.

So it looks like I have until 12.30pm on 7th February.

We are scrabbling round trying to raise what I think is needed for the arrears (can't get a proper figure until Monday), so my question is, if I can raise enough to pay the arrears off before 7th February then is the eviction called off, or can they take the money and still say 'sorry not good enough' ?

Any advice/help gratefully received at the moment as I really don't know the score.

Pleae no having a go at me, as I am feeling like I have let everyone down enough as it is.

[Amy]

Re: Just got an Eviction Notice

I take it you already had a Suspended Order then?

[Guest]

Re: Just got an Eviction Notice

First of all, you have not let anyone down - don't concern yourself with that.

Is this the first you have heard about this? Has there been a hearing?

[enaid]

Re: Just got an Eviction Notice

Sorry Delta, first that you have been ill, also that you are in this horrible situation.
You know no one here will have a go at you, they will only want to help and why did you not ask sooner?
I can't sort this out for you, you know that. I think you will soon have someone along who will advise you.
Once again Delta I am sorry and I am sure something can be done take care Enaid xx

[Amethyst]

Re: Just got an Eviction Notice

(((((((((((((((((((((((hug))))))))))))))))))))))) you havent let anyone down at all woman.

[Delta]

Re: Just got an Eviction Notice

Yes I was on suspended order, but since I lost one job in October and am struggling to make a decent income with my new one I have gotten behind on the repayments + arrears.

[Amethyst]

Re: Just got an Eviction Notice

how much behind are you ? and have you kept the bank informed ?

[Guest]

Re: Just got an Eviction Notice

Ok, if you fail to make the payments under a suspended order, they can repossess without going back to court, however, if you can repay the sum outstanding, the order is cancelled. They cannot take your house.

How much of the arrears can you pay?

[Delta]

Re: Just got an Eviction Notice

I think the arrears are about 500 - 600, will phone the bank on Monday to find out the figure.

We are scrabbling round trying to raise the money at the moment, and trying to forumlate a plan to stop this happening again.

If I can get the money together before the 7th will that be enough to stop this happening?

Amethyst, I did let the solicitors know just before Christmas that I was having a 'cashflow' problem, but never heard back from them, until today of course!

Thanks for the help so far guys, I just feel like I have let the kids down.

[Amy]

Re: Just got an Eviction Notice

Is this on top of the monthly payments or the total arrears?

[Guest]

Re: Just got an Eviction Notice

Delta, do you have any charges on this mortgage account? Anything at all, such as monthly arrears fees etc? This may buy you some time and furthermore, even at this stage you may be able to have the eviction warrant suspended or cancelled but it would be better of course if you could avoid this happening by paying the sum outstanding.

If you cannot pay the full sum outstanding, you may be able to negotiate payment terms, after all Abbey want money, not your house.

[Delta]

Re: Just got an Eviction Notice

I don't think there are any charges on the account.

This is arrears on top of the monthly payment, the monthly payment is £160ish a month.

Sorry for keep disappearing, but I am trying to work and keep popping back in quiet times

[Guest]

Re: Just got an Eviction Notice

If you cannot raise the funds in time you still have a very real possibility of postponing or halting this possession by filing an N244 as long as you can give concrete reasons as to why this order should be postponed or halted. For example, it may be enough if you can show that you will be able to raise the money to pay the arrears in full, but just not by 7th February.

Section 36(2)(b) of the Administration of Justice Act 1970 allows the court to suspend a possession order for such a term as the court considers reasonable. If the debtor can repay with in the reasonable time no possession order is granted.

Under s.8 AJA 1973 in exercising the powers under s.36(2)(b) the court only has to consider the sums payable in arrears and not any term which may render the full amount repayable.

What amounts to a reasonable period will depend on the circumstances of the case and can include the whole remaining term of the mortgage as occurred in Cheltenham & Gloucester v Norgan. This case also stated the factors the court will take into account when deciding what is reasonable, these are; ability to make payments now and in the future, likely duration of financial difficulty, reason for arrears and the period of agreement remaining.

Essentially, if you can show you can pay off the arrears over the remaining period the court will not order possession.

Given the sums involved I would find it highly unlikely that any court would order repossession of your house.

[Tempty]

Re: Just got an Eviction Notice

delta hunni I'm soooooo sorry to hear this, but don't you dare go thinking you've let anyone down.
you know that everyone here will do everything they can to help you get through this, I'm with Cet on this one.... I too find it highly unlikely given the sums involved, that it would get as far as a repossession. Hang in there hun.... follow the advice you've been given... don't be afraid to ask for more help if you need it... and if ya just need a chat feel free to pm or skype me.

Take care hunni :hugsss:

[scottishlass]

Re: Just got an Eviction Notice

Hi Delta,

Not sure I can be of much help really,but I have been through a repossession it was 5/6 years ago,now if I remember correctly we managed to hold them off the first time by paying the arrears,all I remember is the Balliffs at the door with the joiners ready to change the locks,as we had paid and was told that it would be okay by the bank I told them to contact their office,he came back to say sorry but they hadn't been notified.
Then can't remember how long after that we fell behind again with payments,all I can remember about that time is that we were paying approx £600. per month in charges more than the mortgage payments we felt we were fighting a losing battle as Hubby couldn't get a job at the time,I had two jobs,4 Children,2 dogs and a cat everything just got on top of us in the end we just handed them the house back we had a week to arrange accomodation,and empty the house,after we had done this we did feel some relief,but saying that if I had only known what I know now,we might have been able to fight it.

Sorry can't offer much in the way of the help that you really need,right now,but can offer my support.