hi i need some urgent help and advice pls due to be evicted

[PlanB]

Re: hi i need some urgent help and advice pls

I'm going to make some suggestions based on how I once handled a similar situation

Firstly get a free lawyer through Shelter and/or LawWorks to tackle the eviction due in a matter of days. They will need to give the court a reason such as a flaw in the original possession order so take it with you for them to look at. If the house is being actively marketed for sale this should be another reason to stop the eviction.

The court isn't evicting you, it's your lender which is evicting you. If the lender feels inclined it can ask the court to stop the eviction just like it asked the court to start the eviction process. But you'll need to give them a damn good reason to back off. Money or the promise of money usually works. I'm afraid sympathy rarely does in business deals.

Consider putting the house on the market with a local agent at a realistic price (i.e. too low) to demonstrate that you are intending to sell and pay them back, and ask for their patience. This will be a bluff of course Get a *friend* to make an offer via the agent so you have this in writing. Obviously the *friend* will pull out of the sale later but not until the eviction warrant has been cancelled. I do this all the time for my mates in trouble

You say your brother keeps bailing you out with money at the 11th hour which implies that he may have better cash-flow than you at the moment. Consider whether your brother may want to buy your house off you at well below market value with not enough change to spare to pay off everything to Harpmanor You can sort out the shortfall in the price between you and your brother privately later but check with a lawyer first whether Harpmanor can block the sale on a legal technicality if they won't be getting back all the money owed It may be unwise to tell them the purchaser is your brother and not a stranger to avoid any concerns. But if they're used to receiving money via your brother it could be a good idea because they'll be confident the deal will go through.

Even if you sell the property you won't lose your right to dispute the debt claimed by Harpmanor for unfair charges (if any). Redeeming a debt at the point of sale is not the same as admitting liability for a debt.

Read this guy's thread for inspiration. He got repossessed and his whole family evicted while he was at work (they drilled down the door ) and he still managed to get his home back from the lender afterwards

Post # 20 made me cry

http://forums.all-about-debt.co.uk/s...ead.php?t=6736

But you've got to fight for this and not stick your head in the sand

[jimmyq]

Re: hi i need some urgent help and advice pls

hi for the past year or so not paid any monthlys on time just clear the arrears close to eviction (by borowing and trying to earn it )

[PlanB]

Re: hi i need some urgent help and advice pls

Have you kept to the terms of the Order or is there a payment shortfall? I'm not being judgmental but the facts are important to whoever is going to try to get shot of that eviction warrant. Have you at least paid the monthly payments due even if you haven't been able to reduce the arrears?

[jimmyq]

Re: hi i need some urgent help and advice pls

hi yes ive been making payments as the order was in 2009 and ive also got a copy of it now thanks

[PlanB]

Re: hi i need some urgent help and advice pls

Have you made any payments whatsoever since the suspended possession order ? Do you now have a copy of that court Order ?

[jimmyq]

Re: hi i need some urgent help and advice pls

forgot to mention i got another email from my loving broker who is still in touch 5 years later!!!

A further payment of £940.89 falls due today.
If you didn’t make the payment in August and you miss this one as well your arrears will be £2,783.78 (this is my calculated figure. Harpmanor may differ).
This may cause Harpmanor to re-apply for a new eviction date very soon.
Your redemption statement (sent to you with my e-mail of 09.08.2012 - below) is valid to 11.10.2012 and may now have changed in view of any accrued arrears. Please also note that a further renewal fee of 5.00% will be added if not redeemed on or before 11.10.2012.
Your 6 month bridging loan has now run for 5 years and I very much hope that you are giving urgent attention to paying it off. Please let me know if there is anything at all that we may be able to do to assist you.

[jimmyq]

Re: hi i need some urgent help and advice pls

n54 notice of evition from the courts

[PlanB]

Re: hi i need some urgent help and advice pls

hi im still alive as yet just been ringing around try to get some solicitors but its all money up front and well try etc. anyhow fos threw it out of the window been waiting for bblemain to send me a settlement figure but not recieved anything as yet apart from another eviction date 27th september 2012 and if i dont settle my loan by october 2012 ill have another 5% added on to it

Is this eviction date based on a formal legal warrant from the court or a letter from Harpmanor

[jimmyq]

Re: hi i need some urgent help and advice pls

Anyone heard anything from Jimmy ?

hi im still alive as yet just been ringing around try to get some solicitors but its all money up front and well try etc. anyhow fos threw it out of the window been waiting for bblemain to send me a settlement figure but not recieved anything as yet apart from another eviction date 27th september 2012 and if i dont settle my loan by october 2012 ill have another 5% added on to it

[lookingforward]

Re: hi i need some urgent help and advice pls

Anyone heard anything from Jimmy ?

[PlanB]

Re: hi i need some urgent help and advice pls

hi guys only me again is there anything i can write back to fos for them to change their minds as tommorow is my last day anything at all ??

Jimmy I really wish I could think of something but if the FOS has already said that your CCA and your circumstances are outside of its mandate for investigation then I have no suggestions except to contact Shelter to see if you can broker a deal with your lender where they will not evict you and your family

Please contact your local LawWorks clinic for free legal help because I know they will help you

[jimmyq]

Re: hi i need some urgent help and advice pls

hi guys only me again is there anything i can write back to fos for them to change their minds as tommorow is my last day anything at all ??

[PlanB]

Re: hi i need some urgent help and advice pls

There are four LawWorks clinics in Leeds giving FREE legal advice on housing Here's details of one and that should get the ball rolling because they can refer you to another if that's better for your location

http://www.lawworks.org.uk/hillside-legal-advice-centre

[PlanB]

Re: hi i need some urgent help and advice pls

Both you and the lender want to sort this. Repossessing your home and selling it at auction for below market value won't do them any good because the first mortgage company takes the initial proceeds and Harpmanor will be lucky to get the leftovers.

Lenders make their decisions based on balance sheets not spite. Usually as long as the debt is performing (some money coming in) things should trundle along. If you're not making any payments at all then they may take the view they've got nothing to lose if they seize the property.

You've already got a suspended possession order on the house although there are question marks over whether this was lawfully obtained (you say you didn't get the court papers).

I think (as someone who has fought her way out of two repossessions in the last 20 years!) you really need a go-between. Someone wearing a professional hat who will explain the situation to Harpmanor and broker you a deal. LawWorks are great at intervening in this kind of situation and I urge you to pick up the phone and ask them for help. Please.

[jimmyq]

Re: hi i need some urgent help and advice pls

the rest ill be intouch with this coming week as for the lender i dont know what to say to them if i ring them and tell them im struggling etc can it go against me ?