Repossion order?? help

[skinszo]

Hi there,

I recently lost my business which as you can guess has had a detrimental effect on my life as a whole.

My main thing was that i was unable to pay my mortgage.

I took steps to sort things out and looking at selling but eventually decided on letting.
I obtained a tenant and they have moved in.
All the while i had tried to keep the mortgage company in touch with everything via mostly email so i have a written record of things and explaining that i was unable to make any payment until they moved in and then i could set up a direct debit.
I explained that i could give them the whole amount of the rental income as this was more than the mortgage amount which could be added onto the mortgage arrears.
I also asked how i could look to clear the arrears, weather it possible that part or the whole amount be added back onto my account or once i had obtained employment again i could increase the payments so that i pay part of my salery including the rental income.
I rang up to make a payment today and they said it had gone to litigation and that an eviction date of 4 march had been set.
I had previously sent through via email all of my updated contact details, new address phone number and i got a reply from them but when i spoek to them today they said they do not have any new record of my address.

They have told me that i been to go to court now to obtain a order to delay the possession.

Can anyone help please?

Many Thanks

[PlanB]

Re: Repossion order?? help

I rang up to make a payment today and they said it had gone to litigation and that an eviction date of 4 march had been set.
I had previously sent through via email all of my updated contact details, new address phone number and i got a reply from them but when i spoek to them today they said they do not have any new record of my address.

They have told me that i been to go to court now to obtain a order to delay the possession.

Can you just clarify something. What exactly will happen on 4th March? You've said that is the Eviction date but I'm wondering whether it's the date of the county court hearing for repossession because normally an eviction date is set only a couple of weeks in advance.

If it's the hearing then you have time to sort this out. The lender can adjourn that easily if they are motivated.

If the hearing has already taken place and a Possession Order has been granted by the court then you need to get that Order set-aside because you were unable to attend. The reason for your set-aside will be that you didn't receive the summons which I presume was served on you at the property address where you weren't living. You will need evidence that the Claimant (the mortgage lender) had been given your change of address.

[skinszo]

Re: Repossion order?? help

hi,

ive not been the greatest payer with my previous payments due to the type of work so i used to miss payments and then pay a large lump sum.
it was a few years back they obtained an possession order by the court and i meant they didnt have to go to court they just send me a letter with an eviction date.
i have given them my change of address over the phone but i have also given them it on a email to which i received a reply confirmed receipt of email from them.

[PlanB]

Re: Repossion order?? help

it was a few years back they obtained an possession order by the court and i meant they didnt have to go to court they just send me a letter with an eviction date.

Ok so they already had a Suspended Possession Order which enabled them to go straight to an Eviction Warrant. Nevertheless you should have been served Notice of the application for the Eviction Warrant and you clearly weren't. Hopefully this should be enough to get it set-aside. You will have to make an application to the court to do this. Get someone from your local CAB or ask Shelter to help you.

The lender can cancel that Eviction Warrant if they are motivated. Have you asked them to do this? Speak to a manager when you next call not any old person. Tell them that you will be applying to have the Eviction Warrant set-aside and you will be asking the judge to order costs against the lender. Tell them you'd like to give them the opportunity to cancel the warrant first. Set them a deadline of 5 days before you will be making your application.

Regardless of what is said in the phone call back it up in writing.

Start the ball rolling asap even though you have bags of time.

Here's some information to help you: http://england.shelter.org.uk/get_ad...y_the_bailiffs

[smithyC1982]

Re: Repossion order?? help

Glad to hear you happy and eventially got sorted! I was wondering if anyone can help me please?

DB mortgages have instructed there solicitors to apply for a eviction date to the courts.

Mortgage Balance:- £98,798.71
Arrears: £7,828.00
Outstanding Charges: £1,250.00

As they never received my income & expenditure forms back, within 10 days of them sending the letter dated 5^th march. I then received a letter date the 5^th April advising they have instructed solicitors to file for a date of eviction. So I sent the photo copy which they never received and attached a letter. I also rang them that night to advise of the situation.

I have been speaking to Shelter every day they have to submitted a proposal for payment to DB Mortgages for them to take to management and which they now declined. DB Mortgages are advising there is short fall from the two income forms by £11.00 before the proposal was submitted etc

I proposed to pay £815.00 on the 15^th April, catch up for this year as I missed February (paid £415.00 15^th April). When following on from this can we please carrying on with the arrangement of your taking a payment every 15^th of the month and make the new payment of £500.00 each month.

They have advised they will not withdraw the eviction until they see some evidence that my circumstance’s have changed and my payment history, Also they are worried about affordability.

I spoke to the father of the my daughter he is quite on concerned about the situation and has offer to pay the mortgage payments for me each and month and act a guarantee on the mortgage. DB have advised they would not consider this.

Shelter have sent new proposal today to pay £1415.00 as my friend has offered pay some arrears for me. Following on with a monthly payment of £500.00. As the latest payments I missed was December & February.

Problem is they say it’s the 6^th time they have applied for eviction (I’m only recalling three times), and I’m 15 Payments behind. The suspended repossession order is from 2008. I have sent a request for a Subject Access Request to see what’s on my account.

My Mortgage payment is £357.00 the agreement is to pay £415 each month.

I’m a single parent with a 23 month old daughter I work 30 Hours, this is making me so stressed. I know its all my own fault.

I have been the doctors as I cant sleep, can’t concentrate on work, getting pins and needs in my left side. The doctor has put me on anti depressants and given me sleeping tablets, also been referred for counselling and to a specialist in regards the pins & needles (I have a appointment on 9^Th May)

I have entered in a payment plan with Step Change few months ago to sort my finances out once and for all.

I have not received a eviction date yet as I know soon as I do I need to apply for a emergency hearing via N244 form

This is all my own fault I managed to secure a payment arrange in court in October 2011 when I was first found out I was pregnant, and now I’ve let this happen again!