Eviction help please

[Loki7]

Re: Eviction help please

Hi thanks for all the replies I will try and answer the questions that you have asked in 2007 when the surspended order was granted nobody went to court the order was for the normal monthly payment plus £150 on top towards the arrears, since then there have been 4 warrants issued 2009,2010,2011 and 20012 but they have all been cancelled no court hearings.
I have a repayment mortgage my monthly payment is 658 then with the extra for arrears it was 810 which I have paid without fail since the last eviction date in April 2012, then in febuarary this year I increased the amount I paid to £900 per month making the amount I paid off the arrears £244 which again I have paid except July I paid 800 then I was off sick from work in August this year so I asked if I could just pay my mortgage without the arrears which they agreed that was for September I thought there was 31 days in September not 30 so paid septembrrs payment a day late plus I was short £70 pounds which I then paid on the 14th of October then on the 31st of October I paid my normal £900 payment they had already applied for an eviction by then.
there solicitors are simply law who told me that from April 2012 my arrangement was still £150 plus normal payment so I have been overpaying by £59 pounds per month since February this year except for the £800 in July and then this September.
The arrears now stand at £23,949.52 they were £28,427.61 so I have reduced them by £4,478,09 plus my mortgage balance has been reduce by £7652 but there is still no equity in the property at the moment
As regards to my ex we are still married but I have no clue as to where he is and have no wish to find him my one daughter was so badly effected she tried to take her life GE money are aware of all the facts they spoke to the police at the time of him leaving plus they have also medical reports about my daughter which has been very hard to provide them with as I am quite a private person and did not want to tell them all this .
since April 2012 when the arrangement was put in place they would only give me one or at the most three monthly arrangements then I had to ring and make another one with them now they won't give me any.
Anything to do with the mortgage they say has to be signed by both of us and I know if they could find him he would refuse if he thought it would being it myself or the children.
It's a struggle but I am maintaining my payments each month they have asked me if I could borrow the money to pay off the arrears from friends and family but I have told them no I can't .
Hope this helps anything else just ask

[Loki7]

Re: Eviction help please

That should have been benifit myself or my children, plus they have made the arrears a lot higher by charging £40 per month when the arrangements lapsed they say I broke them but I did not they finished and I had to make new ones all they will say to me on the phone is that there are 40 months missed payments but that was before the last eviction notice and since that one there have been none. GE money have told me it will take me just over 8 years to pay off arrears but as I have said there is 18.6 months left

[Inca]

Re: Eviction help please

Where's the other one been hiding all weekend then

That was my attempt at diplomacy PB,,it's unchartered territory for me as I'm normally Joe Bloggs blunt as you well know :faint:

[PlanB]

Re: Eviction help please

solicitors are simply law who told me that from April 2012 my arrangement was still £150 plus normal payment so I have been overpaying by £59 pounds per month since February this year except for the £800 in July and then this September. The arrears now stand at £23,949.52 they were £28,427.61 so I have reduced them by £4,478,09 . . .

. . . It's a struggle but I am maintaining my payments each month.

This is bullying by your lender, pure and simple. They have obtained four previous Eviction Warrants (one a year) all of which have been withdrawn. They have now obtained a fifth. I presume that each time this happens they add the legal costs to your mortgage account. This has got to stop. Hopefully the Shelter representative will help you take control of this situation.

You have a suspended court order to pay the contractual amount plus £150 towards the arrears. G E Money have told you this payment schedule would clear the arrears in 8 years. You have more than 18 years left on you mortgage so if the arrears were spread over that period then your monthly arrears' payments would be half that or even less.

Your original mortgage is still on a repayment basis. If G E Money changed that to interest-only then those payments would be substantially lower (possibly half what they are now). Maybe you should ask them to do that for the next 12 months and then review the situation. If you could get the monthly commitment halved there is nothing to stop you making overpayments by choice. That's a different dynamic to making overpayments while the lender holds a gun to your head with these continual Eviction Warrants.

Simply Law are G E Money's in-house lawyers. They have a business relationship. They are not able to be objective in this circumstance. Keep your expectations of them low.

[PlanB]

Re: Eviction help please

Anything to do with the mortgage they say has to be signed by both of us and I know if they could find him he would refuse

I'm not sure that's strictly true. You're not asking them to change the terms of the mortgage, you're asking them to make a concession by charging interest only for a short period of time (12 months). I don't see why they need a signature from your ex-husband for that. They certainly didn't care whether you were involved in any dealings when they got that Suspended Possession Order, and they probably wouldn't think twice about seeking full possession and evicting you and your children without his full knowledge. I think they were using the signature thing as an excuse not to play ball.

They do have the right to trace your ex-husband for mortgage payments since he is still legally liable for this debt. If the property were to be fully repossessed and sold at auction leaving a shortfall (you say it's in negative equity) the lender can chase either or both of you for 12 years to recover the outstanding balance. He is not off the hook by any means.

[PlanB]

Re: Eviction help please

they have made the arrears a lot higher by charging £40 per month when the arrangements lapsed they say I broke them but I did not they finished and I had to make new ones all they will say to me on the phone is that there are 40 months missed payments but that was before the last eviction notice and since that one there have been none.

^^^^ This is definitely an issue which the FOS will investigate for you. If those charges are deemed to be unfair then the FOS can order G E Money to pay them back and compensate you for your distress and inconvenience. Get shot of the Eviction Warrant first, and then set about them for these charges.

[PlanB]

Re: Eviction help please

there is still no equity in the property at the moment

If there's no equity in the property then G E Money may be reluctant to capitalize your arrears. But that's not a bad thing because once those arrears are capitalized you will be charged interest on them since they will form part of the loan. I'm assuming that they are not charging you interest on the arrears at the moment. They shouldn't be.

Are you in serious negative equity or is the property slowly rising in value at the same time as you have been slowly paying off the capital element of your loan? Once the property is out of negative equity then you should be able to capitalize those arrears. As I previously said, once arrears are capitalized you don't have arrears any more so that suspended possession order can be cancelled by the court (if you apply for this) and then G E Money will have to stop torturing you with these endless Eviction Warrants. Shame on them.

[Loki7]

Re: Eviction help please

Hi thanks for the replies, I have asked them to change the mortgage to an interest only on several occasions each time they have refused saying they can't do that, when I rang them last week for some figures they gave me the arrears amount as it stands at the moment at £23,949.52 now this morning I have had a letter from them claiming my arrears are now £24,617.84 so that is a 700 pound difference in under a week so to answer the question of weather the are charging interest on my arrears I would think they are,
they have said also in this letter they will cancel if I pay all the arrears plus any charges and interest so god knows what that figure will be,
as to them bullying me I think your right as everytime I rang them they would tell me my arrears were at a critical level and could I pay any more I would have to go through my out goings and in comeing every month.
The 4 warrents were all canceled by them the last one they did not even tell me they had cancelled it I only found this out when I rang them.
I will take the letter from them with me to shelter tomorrow I am so fed up if they are going to carry on adding charges and interest like they are I am never going to get out of this,
re equity I am not in negative equity it is worth about what is left on the mortgage,

[PlanB]

Re: Eviction help please

I have asked them to change the mortgage to an interest only on several occasions each time they have refused saying they can't do that

They can if they want to. There's no law against it

[Loki7]

Re: Eviction help please

I don't think they want to do anything that may help each time I have rung them they say they are not going to cancel unless all the arrears and charges are paid whatever I say makes no different then they had the cheek to say that I had a good case in getting it stopped I am going to ring them again today to ask where the extra £700 came from, then I will write to them putting my proposals to them which are no different than what they are but If it goes to court I will ask for a reduction in payments as £900 a month is a struggle

[PlanB]

Re: Eviction help please

. . the normal monthly payment plus £150 on top towards the arrears . . .

. . . my monthly payment is 658 then with the extra for arrears it was 810 which I have paid without fail since the last eviction date in April 2012, then in febuarary this year I increased the amount I paid to £900 per month making the amount I paid off the arrears £244 which again I have paid except July I paid 800 then I was off sick from work in August this year so I asked if I could just pay my mortgage without the arrears which they agreed that was for September I thought there was 31 days in September not 30 so paid septembrrs payment a day late plus I was short £70 pounds which I then paid on the 14th of October then on the 31st of October I paid my normal £900 payment they had already applied for an eviction by then.
there solicitors are simply law who told me that from April 2012 my arrangement was still £150 plus normal payment so I have been overpaying by £59 pounds per month since February this year except for the £800 in July and then this September.

Are you absolutely sure you have breached that court order? If you have been overpaying by £92 per month this means that in effect you paid your £150 monthly arrears figure in advance even though you didn't make it on time in July and/or September (if you follow me). If you consult a calculator you will be able to see if everything came out in the wash. If you've not breached the court order then they can't evict you!

Monthly payment due: £658 (as per mortgage contract)

Arrears payment due: £150 (as per court order)

Total due: £808

Your payments made: £900

Overpayments: £92 (not £59)

Overpayments since February: £828 (if you made the October payment too)

Overpayments since February: £644 (if you didn't make them in July and/or Sept)


Have I got that right?

[PlanB]

Re: Eviction help please

I will take the letter from them with me to shelter tomorrow I am so fed up if they are going to carry on adding charges and interest like they are I am never going to get out of this

Good luck with your meeting at Shelter tomorrow. Please come back and post up what they say. My fingers are crossed for you Loki7

[Loki7]

Re: Eviction help please

It was paid on time in July but it was for £800 and not the £900 then in October just gone on the first I paid £600 then on the 14 th I paid £70 them on the 31st I paid £900.
I will let you know what shelter say tomorrow thanks again.
I was surpose to be in work tonight I went in but burst into tears and had to be sent home which I am so mad about one as I won't get paid for the night and two now everyone knows something is wrong, i just felt so stressed the last thing I wanted to do was care for other people so I have left them short staffed as well feel worse and still awake anyway.

[wales01man]

Re: Eviction help please

Reading the ladys plight makes me wonder if eviction is the right answer it seems the struggle and the worry is getting to affect her ,can I suggest those in the know point the OP into another possible direction of getting housed after they lose the house as much as im sure she wants to keep the home is that becoming too bigger a burden.
Having been through this I can say when the decision to give ibn was made my health improved overnight no more worry no sleepless nights we must at times look at things from different angles, win this one then her mortgage company come back with another in a couple of years?
Whatever she decides GOOD LUCK

[Loki7]

Re: Eviction help please

Hi I can see what you are saying about letting the house go and believe me I have thought long and hard about it, but it is not an option my one daughter has a lot of health issues one being she does not like going out or mixing with people she feels safe hear and if we were to move I honestly don't know what it would do to her mental Health she goes to a young persons mental health unit and was medicated until a few months ago she has already tried once to take her life and I cannot take the risk of it happening again.
Plus of course not so important I have animals 2 dogs and a cat and an assortment of small creatures the reason for this mainly going to sound strange now but as well as everything effecting my children that made me find the courage to leave him he started being cruel to my dog that I had as a birthday present from him he knew what I thought of her she was and still is my sixth child strange to some I know but he started hitting her and frightening her so much she would wet herself when she saw him, this of course upset the children and myself which he loved the control it gave him he would rather hit her than me as it upset me more that's when I frightened myself by the strengh if my feelings of hate towards him I found myself with a knife one day and it would have been so easy but I was not going to prison for him that's when the police were called plus my son who was not living at home so did not know everything as I kept most from him anyway he was there when he attacked me on Boxing Day one year so my son attacked him which I felt so bad about that my son had to do that for me as if I had left earlier none of it would have happened the police were then called of course there is a lot more which I find hard to talk about but the upshot being my animals are very important to me and everything my girl dog has been through to abandon her now would be just terrible she has very bad separation issues so as a family we all are a bit if a mess but left alone we will be just fine so if I have depressed anyone.