Suspended Possession Order - Eviction Date

atalossandneedhelp

Thank you for taking the time to read my post and hope you may be able to help.

We previously had a suspended possession order which we were advised by SPML was cancelled as we had made arrangements to pay this these payment would have been in place since we were awaiting a rebate from the job seekers allowance and my husband was due to be in full time employment. I did write to SPML and the court to advise of my financial difficulty detailed below with a copy of a wage slip which is now being taken directly of my salary and the first payment was made last month.

My husband left his job in September due to ongoing family problems (his mother suffers from early onset dementia aged 55 and has recently gone into full time council care and my father is also suffering from mental illness ; my father in law and my mother are in receipt of care'rs allowance) he was unable to commit full time to a job until personal problems had been sorted. Since September he has not worked and assumed finding work would be no problem. Regrettably this was not so, he duly applied for job seekers allowance which was declined as they states sufficient tax was not paid during 2005 - 2006, even though on more than three occasions he was promised the allowance would be paid into his bank account on specified dates. We are appealing against this decision as the reason for decline is due to the fact that they state he did not pay adequate enough tax, he was employed for the same firm from 2003 - 2007 and I have forwarded p45’s and wage slips. I have recontacted the DWP who are at a loss as to why the claim has not been sorted and have advised they will sort this out but are unable to give me a time limit or when I will get any type of response.

My husband is now in full time employment and our plan for the future is to regain balance in our finances and to support my ill father and my mother we will be selling our house shortly and moving in with my mother and father to help and support them both emotionally and financially. However I am unable to put my house up for sale until my husband was back in employment in order to pay for the HIPS packs and solicitors fees.

Had my husband been receiving job seekers allowance, I would be have been able to apply for council tax benefit and income support. I did contact SPML to advise them of situation to advise that we were waiting for funds as explained above. They advised they would keep the arrangment

On Saturday morning, we received a letter from SPML legal advisors, dated 21st of October stating that their solicitors would be apply for an eviction order date for the 28th of October as the payment arrangement had not been kept. I did write to SPML to advise payment would be made as soon as we were in receipt of the rebate from the job seekers allowance which would cover the arrears, I also advise them of my husband's job offer on the 19th of August as explained above he did not commence work until 8th of October and his first wage will be paid . My husband and I will be both paid on the 31st of October and we will be able to cover the shortfall of the arrears however they have advised this would not be enough.

I have emailed the court today to advise but is there any forms I would have to fill into the courtI but I am at loss to do this all myself and have no other support available. Is there anything I can do legally

Sorry to be going on

silvercar

contact CAB (citzens advice bureau) now, they will know the correct forms.

If this does go to court (as it looks like it is doing) then make sure you turn up there yourself to state your case.

It may be worth contacting your councillors or MP to see if they can put pressure on the benefit people to sort your JSA claim.

From the mortgage lenders point of view: you got into arrears, they agreed a repayment schedule of the arrears, you failed to keep to it, they go for full repossession.

All your explaination may be true, but they have heard so many cases, some true, some not, some a mixture, that they either don't care or can't care.

I understand the SPML are a lender specialising in the sub prime area; this is the type of lender that tends to be less sympathetic than high street lenders. They are not interested in your benefit claims, they are not interested in your employment of health history, they just want their money as agreed.

My husband is now in full time employment and our plan for the future is to regain balance in our finances and to support my ill father and my mother we will be selling our house shortly and moving in with my mother and father to help and support them both emotionally and financially. However I am unable to put my house up for sale until my husband was back in employment in order to pay for the HIPS packs and solicitors fees.

This is a weak excuse, many estate agents will pay for your HIP and take the cost from the sale proceeds. A lot of solicitors require minimal fees upfront and again take the balance from the sale.

carroger

hello and welcome to the board 'atalossandneedhelp' and I am sorry to hear of your troubles . I am sure that there are lots of people here that will be able to advise you better than I ...saying that I myself had a possesion order against me that I managed to get suspended by the court three times before the house was finally taken .... I too was waiting for payments etc all of which came far too late but I would take a chance get it back in front of a judge and apply for the warrant to be suspended and explain your new circumstances
I hope that all goes well for you and your family

Toughluck

unfortunately the suspended order is their for a reason and that although the circumstances are against you with regard to payment from benefits, SPML are no soft lender.

Looks as though tomorrow is the deadline and unless you get a N244 letter to have an emergency meeting with the judge you will be evicted.

You can download these forms off the county court websitr and I suggest you get theitr at 0900hrs sharp as time is against you. If you can prove visa bank statments you have the money or moeny from the DSS to clear the arrears then I' mafraid it has come too far.