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

[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 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

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

[cymruambyth]

Re: hi i need some urgent help and advice pls

Excellent advice in a very difficult situation. It is about surviving and being able to live as well as fighting.

[PlanB]

Re: hi i need some urgent help and advice pls

I'm always making offers on my friends' houses which mysteriously fall through at the last minute You can't do this in Scotland because there an offer is considered to be legally binding (similar to exchange of contracts) and there's no going back But I see Jimmy lives in Leeds so no problem

Please let us know what happens next

[PlanB]

Re: hi i need some urgent help and advice pls

order for possession
(mortgaged premises)
(suspended)

on the 20th april 2009, district judge hickinbottom at the county court

upon hearing the solicitor for the claimant and upon hearing mr bloggs(me) in person
and upon mrs bloggs(my wife) no attending

the court orders that
1.the defendant give the claimant possession of (my house) on or before 28th april 2009

2.this order is not to be enforced so long as the defendant pays the claimant the full balance within 28 days.


to the defendant
the court has ordered the unless you pay the arrears under the mortgage at the set out above in addition to your normal payments,you must leave the premises.payments should be made to the claimant,not to the court.if you need more information about making pyaments you should contact the claimant.

if you do make the payment or leave the premises.the claimant can ask the court,without a further hearing,to authorise a billiff or high court enforcement officer to evict you (in that case you can apply to stay the eviction, a judge will decide if there are grounds for doing so)

^ ^ ^ ^ I've just remembered something very important

Your original Order for Possession gives you the legal right to make an application for a stay of your eviction, so please get a solicitor from Shelter to do this for you asap because you've still got 10 days to go

[SXGuy]

Re: hi i need some urgent help and advice pls

PlanB you really do live up to your name lol

[Never-In-Doubt]

Re: hi i need some urgent help and advice pls

Very clever with this housing law. Thanks planB.

Really appreciate your words of wisdom here. Even I'm learning new things. Love the get-out-clause

[Never-In-Doubt]

Re: hi i need some urgent help and advice pls

planB

Wondering; how'd you like your own little section on the forum regards all about housing (issues) that you moderate and run? Like one of the categories we have, but this one dedicated to housing issues.

Then you can manage it etc and post guides/helpful links etc...?

Let me know if you'd like to give it a bash. I think it'd be a worthwhile addition here especially for those with a property and in debt.

Thanks.

[The Tech Clerk]

Re: hi i need some urgent help and advice pls

I'm always making offers on my friends' houses which mysteriously fall through at the last minute You can't do this in Scotland because there an offer is considered to be legally binding (similar to exchange of contracts) and there's no going back But I see Jimmy lives in Leeds so no problem

Please let us know what happens next

She would offer me 1/6d for my house, not saying she is tight mind you.

[jimmyq]

Re: hi i need some urgent help and advice pls

Just an update I've managed to get a letter off my mp I'll be contacting a few organisations with this letter see if I can get the eviction cancelled and I somehow need a way out before next month as they will be adding a further 5% on the loan next month

[PlanB]

Re: hi i need some urgent help and advice pls

planB

Wondering; how'd you like your own little section on the forum regards all about housing (issues) that you moderate and run? Like one of the categories we have, but this one dedicated to housing issues.

Then you can manage it etc and post guides/helpful links etc...?

Let me know if you'd like to give it a bash. I think it'd be a worthwhile addition here especially for those with a property and in debt.

Thanks.

Homelessness is almost always caused by debt but has to be tackled in a whole different way using negotiation not confrontation because the lender and/or Landord mostly holds all the cards. I'm not aware of a mortgage ever being UE, although secured loans can have unfair terms used as a defence to reduce the sum owed. But unlike UE where you're seen as a 'filthy debt avoider' by the courts, when it comes to repossession the courts generally bend over backwards to prevent homelessness and orders are made which are biased in favour of the borrower where possible.

AAD's members with housing issues have always been scattered around various sections of the site, but your suggestion of giving it a home of its own is a good one

I'll PM you in a few days to see how I can help

[PlanB]

Re: hi i need some urgent help and advice pls

Just an update I've managed to get a letter off my mp I'll be contacting a few organisations with this letter see if I can get the eviction cancelled and I somehow need a way out before next month as they will be adding a further 5% on the loan next month

Maybe it would be a good idea to let Harpmanor know what you're up to so they don't think you've stuck your head in the sand with no payments for the last 3 months. I would write them a letter (send by email or fax because time is running out) telling them that you have placed your house on the market and intend to sell it to pay them off in full within the next three months. Tell them you are not in negative equity so they will get all their money, but if it's sold at auction for a knock-down price then there's a risk they won't get all their money.

Also ask them to cancel the eviction on this basis. This letter isn't just for their benefit, it's a letter you can show to the court to demonstrate that you have a plan to deal with the debt and need time to see it through.

If you can get an estate agent round today to take your instruction to sell the house backed up by an email to you as confirmation, then you can send that to Harpmanor with your letter as proof that you are going ahead with your intention. Remember your intention to sell your house is not the same as a promise or a legally binding commitment

Are you in a position to pay Harpmanor any money at all (via your brother) before the 27th because this will help you enormously. It doesn't have to be the whole arrears, just something to show willing. Obviously the whole arrears would prevent the eviction without further argument. But paying nothing whatsoever may have the opposite effect

I'll get back to you afterwards about the 5% increase in the debt due next month. The priority now is to halt the eviction.

[PlanB]

Re: hi i need some urgent help and advice pls

Jimmy is going to a legal advice centre this morning (PM received) sourced through Shelter If I'm not too late to say it he must take with him:

* Copy Eviction Warrant for 27th Sept ( next Thursday ) in the hope that an application will be made to the court for a stay

* Copy Possession Order 2009 (he didn't get papers or attend the hearing)

* Copy Harpmanor original credit agreement

* Copy letter from MP recommending referral for legal help and suggesting action against broker for misselling

* Print out of this post # 177 which sets out the situation

http://forums.all-about-debt.co.uk/s...&postcount=177


Good luck mate

[jen_br]

Re: hi i need some urgent help and advice pls

I think a section for PlanB would be great.