eviction advice

[tiarin2006]

I am about to be evicted for �1000 arrears on a 2nd mortgage, eventhough the requested payments have been made........only been able to pay the amounts requested by going further into debt, the eviction date is the 1st Feb 06

Can anyone advise me plz on here or where I can get advice for free preferably 24/7

thanks in advance

[noxlumos]

Hi, I'm slightly confused by your post. If you have paid the arrears and can prove it then there is no way you will be evicted.If you have not paid the arrears then the company concerned must go to court to evict you where you will have the chance to address the court and explain why you haven't been able to pay, or that you have depending on the situation. If this company has not been to court then they cannot evict you. �1,000 sounds a very small figure for a court to make an order against you for which will mean you'll lose your home, they are usually really loathe to do that and will give you every opportunity to try and sort it out.

I suggest you do 2 things first thing in the morning.

1. Call the county court for advice, they are very helpful. If there is no order they will tell you and if there is, speak directly to the bailiff if possible ( call early) and he will be as helpful and sympathetic as he can.It's a very long road to having your belongings chucked out on the street, that really doesn't happen anymore except in the most unusual of circumstances.

2. Call the CAB, they offer help and support on all financial matters and court procedings.

I hope evrything is alright for you.

[tiarin2006]

I had arrears of �2000 and was requested to make �740 in Dec which I did. Rang the solicitors last week n thy said I had to pay Januarys amount of �246.60 and once this was paid the eveiction on the 1st Feb would not happpen, this amount was paid today in cash, I have no money left till nxt weeks payday, 3 children with one under 5yrs old.

I rang the loan ppl thy could not tell me anything, received the following via e-mail from the solicitors tonight

Dear Madam

We are instructed by our Clients that they will only agree to suspend the enforcement action strictly on the condition that you discharge the arrears in their entirety in cleared funds prior to 1st February next and also you service the mortgage account thereafter.


We trust we have clarified the position.

There is no way I can get the �1000 before the 1st, I have borrowed to pay the requested amounts, yet come Wed 1st Feb at 11.30am the eviction will take place. Feel thy have lied to me n I have gone into more debt, but will still become homeless.

[noxlumos]

Hi, right , now I see a little more clearly. Can you please tell me however, have you actually been to the county court about this, because if you haven't been summoned on this matter then they cannot evict you. Do you have a letter stating that they will not evict you if you paid what you have done?I still think you should call CAB but more importantly the county court tomorrow first thing and call Shelter as well, they have specialist advisors on eviction, who can tell you better than I.

Just because they want the eviction to take place does not necessarily mean that the bailiff will carry it out on Ist Feb, and you may have grounds to return to court and plead for a further stay if you can prove that you had an agreement with them. Whatever you do, please talk to the bailiff from the court tomorrow first thing, he's in the best position to help you at this late stage.

I hope things go well for you.

[tiarin2006]

Not been 2 Court. I dont have a clue wht Court thy have been through just have the letters from the lender n the Solicitor.......who was not helpful 2day nor was the lender.....feel they are playing games with me �1200 or there abouts seems minimal 2 evict me n 3 kids with one under 5 yrs old.

[Buenchico]

As I read what's been written up to now, the lenders have only said that (unless you make immediate payments) they intend to commence proceedings which will lead to repossession of your house. i.e. there is no way in which they can suddenly turn up and throw your family onto the street - there's a lengthy court process to go through first.

If the loans company does initiate court proceedings against you, it's important that you can argue against them in court. Courts will only permit lenders to repossess homes if no other alternative is available. Gather together every document, which you can lay your hands on, to show that you've tried to come to an agreement with the loans company and that you've done your best to comply with the terms of that agreement. Also make sure that you've got documented evidence (e.g. pay slips or a statement from your employer) that you'll be able to continue meeting the terms of the agreement.

So, be ready to fight through the courts. At the end of the day, however, it has to be accepted that if you take out a loan, secured against your home, it's not unreasonable that the lender should be able to act under the terms of the agreement which you signed. For this reason, I'd suggest that it might be wise to visit the housing department of your local council as soon as possible. Keep them informed of events and, if the worst happens, at least they'll be in a position to provide your family with accommodation as soon as possible.

In addition to everything I've already written, I strongly advise you to contact your local Citizen's Advice Bureau as they may be able to make further suggestions regarding your current problems.

Chris

[tiarin2006]

Not had County Court Summons thought the loan ppl say thy have in a letter received in Dec 05

I have paid wht was i was told/asked 2......its the weekend now I have Monday n Tues 2 get the money little chance of tht!

Oh well kids will go school Wed a.m...come home n we aint there @ 4pm.....

CAB are crap

[Buenchico]

Regarding the County Court summons:
Any summons has to be, in a legal sense, delivered to you in person. This means that either an officer of the court actually has to hand it to you or (more usually) you have to acknowledge receipt of it by signing for a recorded delivery letter.

No matter what the loans company says, no court will accept that you've received a summons without either the testimony of the officer who handed it to you or evidence from the Post Office that you signed for receipt of the letter which contained it.

Chris

[noxlumos]

As Chris says 100%. they clearly haven't seved notice on you properly and are trying to intimidate you, which appears to be working.CAB are NOT usually crap and there is NO possibility that you'll be (legally) evicted on Wednesday.See CAB, see SHELTER's advisor and see if you can't find one of those solicitors whose first half hour is free to advise you further.This isn't as bad as you think it is yet. Try and get up to date as quickly as possible with what you owe them as it will take them some time to get this into court if they choose to go that route which if you're making reasonable attempts I don't think they will.Good luck .

[Oneeyedvic]

I can only echo Noxlumos' and Chris' advice - this company is threatening you but you have at least 2 months before an eviction can take place.

It is also very difficult for a scond charge holder to gain an avictipon order especially as you have children. More usual is for a 'charging order' to be placed on the house so that you can't sell it without paying that loan off first.

[themas]

I agree they may be trying to scare you, but I think it is unlikely that the solicitor would be sending you an e-mail quoting a specific date and time for the eviction if that was the case. (You should have had a Court document giving you information about the eviction, as well as anything the solicitor has sent you.)

It is possible for a County Court Judgement to be issued without you being aware of it. This should not happen if you have been living at the same address all the time, but you must check with your local County Court (the bailiffs and the Court office) first thing Monday to find out if they know anything. If they don't, tell your lender or the solicitor you know nothing about a Court summons and ask them to give you the case number and details of the Court that issued the judgement. If they cannot tell you they are bluffing and cannot evict you. If they do give you this information you can apply to Court to have the eviction suspended but you need help to do this - either from CAB or a solicitor (you may qualify for legal aid - depending on your income etc.)

[tiarin2006]

The letter received from the loan company on the 12th Dec 05 reads ' As you are aware, we have been granted a Court Order for Posssession of your Property'

I emailed the solicitors as could not make contact via the phone and received the response yesterday

[stanleyman]

It seems strange that you are not aware of any court summons and didn't go to court. The court would also have contacted you with any order that it had made. I'm hoping for your sake that they are telling lies, not unknown for lenders to do this. We have no way of knowing this to help you.

The only way to find out the true situation is to visit your local County Court who can check other courts for any possession orders. If they have got a possession order then you might be able to appeal it or have it set aside but you do need to go there first thing Monday.

I can imagine this is a very stressful time for you and quite possibly you didn't act when you should have so if you do get the chance to have it set aside for now, use that time to now sort things out. �1000 is a silly amount to lose your home over. Beg, beg, beg, borrow or steal it if you have to but get it. You must know some people who can help, get them to put it on their credit cards etc.

I sense this only the tip of the iceberg with your problems and that you may have trouble even keeping up with you regular payments in the future so if you do get a breathing space use it to workout your finances to the best advantage for the future. Selling up and downsizing or renting is far preferable to the losses you will sustain if this goes through.

Good luck and let us know how things go.

[noxlumos]

Agree with stanley 100%, go to the county court first thing Monday and if there is an order for possession apply for a "set aside of judgement" on the basis that the papers were not served on you therefore you did not have a chance to contest it.Good luck

[tiarin2006]

I acted when I got the solicitors letter in Dec , I explained recently lost job etc. Was told re amount to be paid �740 in Dec

Dont really want to go over wht already said as it gets boring after a time repeating

I am ok with other payments thnk you last poster!

I am not aware of a court order as no one has given me one ! or posted one 2 me!

Wht kind of house does stanleyman think I live in?

Have a 3 bed mid terrace, hub n me have one room, teen lad has his own room n middle son n jun share a room!

If I down size will be in a shed! Hey will I sell the house by the eviction date? No is the answer

[themas]

The suggestions and comments made by people posting here are made to try and help you without knowing your full circumstances, so it is inevitable that some of them will not be relevant. You need to bear that in mind in considering them act and on the ones that are relevant.

For example, one post suggests you apply to your local authority as potentially homeless. Unless you already have somewhere you can go if you are evicted (which seems very unlikely) it is important that you do this tomorrow, even if you can get the eviction deferred.

So my suggestion would be that first thing tomorrow you go to your Court (as in my previous post) and then go straight on to the local authority housing needs office. Make sure you take with you all the letters etc. you have had, including prints of the e-mails.

[tiarin2006]

I applogise to Stanley, its just I thought all had been sorted with the requested payments etc! And now it seems the loan ppl have moved the goal posts to suit themselves

Dread to think wht would of happened if I had not made the call on Friday pm...........As I have said have borrowed all I can from relatives etc, dont really want to ask a friend to put it on a card for me as thn its someone i have a debt with!

Going to ring the loan ppl again 2morrow then head to the court

Will keep you posted

[stanleyman]

No need to apologise, you are going through a hell of a time, snap at me all you like, I'm used to it.

I'm sorry to labour this point but without knowing what, if anything, will happen with the court on Monday, the only certainty here is that you need �1000 before the Ist Feb. Regardless of the circumstances this is the only way at the moment that you know how to keep your home.

If you know some friend or friends who would loan you that money, being in debt to them for a while is far better than losing your home, you can't afford pride at this moment, it's only money after all. You would need to catch up with the payments later anyway if you do get it set aside so you could pay your friend back on the same basis.

I know this isn't what you want to hear but believe me if you do not make every effort now to avoid going over the edge while you can, then you will later kick yourself for not doing it. Sorry if I'm bullying you but unless you do something now, you soon will be living in that shed.

Are you getting all the benefits you are entitled to? Even if you work you can get Family Tax Credits and it all can make a difference. I know I'm making assumptions about you but it's all to try and get you to think straight and get a grip on the situation, you don't have the control you should have which seems to be the problem. Lecture over so now phone a friend!

[tiarin2006]

Went to CAB could not see me as short of staff

Rang Solicitors dealing with the eviction and asked wht the situ was re 1st Feb as someone was supposed to ring me back today and had not

Was told need to pay the full arrears by the 1st. Said someone last week had returned my call after contacting the loan Company to say tht all I needed to pay was the �246.60 by the end of the month, which I had done.

Ah yes I can see that from our notes, err will ring and get back to you!

The return call came within 10mins........yes as the Jan payment had been received the eviction will be stopped!

To be honest I am glad, but asked for it in writing and via e-mail (incase the postal letter is not sent/received) but I dont trust the loan ppl eventhough they have 5* rating for 'Customer Service etc'

[noxlumos]

Really pleased for you:) Your doing absolutely the right thing, get everything in blood from them.

[themas]

Good for you - you're quite right to insist on having it in writing so you can show it to the bailiffs if they turn up! Do make sure you're at home on 1st Feb. just in case - otherwise, if the bailiffs haven't had the cancellation they could turn up and break in in your absence.

You still need to get the Court order - the solicitor must be able to send you a copy - in case something similar happens again.

It will be very difficult for you, but you must rapidly agree with the lender terms for paying the rest of the arrears, but don't agree to anything you won't be able to keep to as that would make the situation worse when you failed with a payment. It could help persuade them if you can do a financial statement showing your family's monthly income and the essential expenditure. This should help convince them that you can't afford more than you offer to pay off the arrears.