Reassurance Please!

Oeillade

I wonder if anybody can give me any reassurance on this please.

My ex-partner insisted on taking out a secured loan to pay off his credit cards and overdrafts as he thought this was the best way to do it.

Then in February this year he left me and our 5 month old baby! I believe he paid the March payment but he hasn't paid the loan since!

I know I am jointly responsible as I signed the loan agreement too and there is no way I can actually force him to pay the arrears or the monthly payments.

The CSA is now taking maintenance payments from his wages so I can actually afford to pay the loan and the arrears.

Endeavour are taking me to court to get me evicted for the arrears of about £650. My solicitor says that as long as I make an offer to pay even if it is only £20 per month then the court won't evict us. I am going to write to them and offer them £50 per month on top of monthly payment.

Do you think they will accept this and will this stop the court from evicting me and my now 1 year old daughter from our home. I pay the mortgage and this isn't in arrears.

Thanks

Numpty_Monkey

Just giving this a bump to the first page

Horace

Just giving this a bump up to see if anyone can offer some advice.

Hopeful1

I don't know the answer for definite but i had mortgage arrears last year that amounted to more than £650. I wrote to the company and made an agreement on the arrears. Before the court date i paid off as much as i could. The mortgage company still wanted to take me to court but only for a suspended order.

I would agree with writing to both the mortgage company and the court with your payment offer, but make sure it is an amount you can afford no matter what. I often underestimate just in case something goes wrong and then just make additional payments.

I would start paying the extra as soon as you can. Make sure you keep bank statements, payment slips or whatever you use as proof of payment. Don't rely on the company statements. Have they applied charges to the account?

Oeillade

Thanks for that.

They have added £379 for solicitors fees and administration charges. There also seems to be £90 in late payment fees, although only 3 of those £15 are since my ex left. (The rest are from when he was supposed to be in charge of the money.)

Hopeful1

My mortgage had charges on but i wasn't sure if it would rock the boat trying to reclaim them. If they do take you to court it may be worth mentioning. Unfortunately they can apply their legal costs. I still haven't reclaimed my charges, i'm looking at them as savings until i eventually swap mortgage holder and will then start the ball rolling.

I hope you can get this sorted, let us know how you get on.

Rabbit-in-headlights

bump to the top - anyone??

Rabbit-in-headlights

once more....

Oeillade

I have written to Endeavour and made them an offer and sent a copy of the letter to their solicitors and put a copy in with the paperwork I had to return to the court. Hopefully I will have made at least one payment before I have to go to court and have a new direct debit set up.

Anybody else been in this situation with Endeavour.
Thanks

Hopeful1

Does anyone know if there is a minimum amount for a company threatening eviction? £650 seems like such a small amount for such serious action. Surely a judge isn't going to accept such aggressive selling.

I really hope you can get this sorted. Pay whatever you can no matter how small on top of your offer IF you can, as if this does go to court it shows the judge you are endeavouring in earnest to rectify the situation. It's just as well the CSA have done their job by getting the money from your ex, it's just a shame you have to deal with the emotional stress of it all.

Take care and best wishes x

Oeillade

I have heard back from Endeavours solicitors saying that they will accept my payment offer. However, they say that "In view of the arrears on your account our client has instructed us to continue with the proceedings to obtain a possession order. However, our client will agree to this order being suspended on the basis of your making payment of the agreed sum each month. This means that our client will not be in a position to take possession of the property, on the strict proviso that you maintain the agreed payments".

Is this normal?

Thanks