Eviction / Balliff - Urgent advice needed

James_N

I have just learned that a longstanding neighbour and friend faces eviction at the start of May due to owing money. I have no idea at this stage of the details but there is a bailiff letter stating they will be turned out on a specific date.
How can I help? What should they do.
This is very time sensitive - specific and accurate information will be very much appreciated.

tripled

Based on the above, you could lend them the money to pay their arrears. Otherwise you will need to provide more information, such as:

Do they own or rent their property?
How much is their rent and when is it paid? (if rented)
How much or how many payments are they behind?
What communication have they had from the bank/landlord and has the matter been to court?

Fire_Fox

Owing money to whom, landlord or lender? If landlord is it definitely a court bailiff letter following a court case following a section 21 or section 8 notice? If so they will have to move out unfortunately or the police will assist the bailiffs in doing so.

However many people muddle up court bailiffs with debt collectors or other legal letters/ section 21 notices, sometimes because they are deliberately worded to appear to be something they are not. Check EXACTLY what they have received.

1981trouble

I am assuming they are tenants and not a mortgage, if its a mortage then ignore the following.

is it a proper bailiifs letter that means they have ignored the court letter and the s21/s8 notifications already therefore quite simply there is nothing really they can do.

Send to CAB to see if they will be entitled to housing - although since theya re being evicted for rent arrears this will make eligibility less likely. Check what paperwork says - we evicted tenants last summer and all though they were in arrears this wasn't our reason so they were still entitled to housing but if they had said it was arrears they wouldn't have been.

Seriously start looking for housing, they are already liable for the court fees up to this point, if they stay to be evicted they will also be left liable for locksmiths etc. Realistically if it has got to this point the bailliff then the landlord is serious and will be expecting them to leave/be removed.

Being evicted is not pleasant so do not encourage them to stay and wait, it was horrible for us to watch the tenants plus 3 kids leave and be sat on the roadside waiting for a taxi with a bin bag of stuff, we were then left responsible for removing their stuff and storing it (again they were responsible for the costs, we never got these back and finished up £1k out of pocket but pointless going to court as they are on benefits and we will be lucky to get £1 a month).

But as I said earlier, they need to see the CAB for advice with the full picture and they will support better than people on here.

James_N

The property is mortgaged.

I don't know the other details yet. CE / GE finance possibly and a sum of £2000 mentioned. Seems too small to evict for?

I am going to see them right now.

One further piece of infomation. Not wishing to be too specific or overdramatise but: acute medical / physiological problems are now involved for one of the parties affected, I've been told.

G_M

I'm sorry to sound unsympathetic, but asking advice without giving details of the issue is really a waste of your own, and our, time.

As you can see, respondants so far have all (primarily) assumed this was a tenant.

The legal process leading up to bailiffs, as well as the process for dealing with the problem, is very different for an owner/mortgagee.

And even now we know this is a property owner, there are too few details to comment:

* Is this mortgage arrears, or bankrupcy?
* How long-standing/large are any arreras?
* what process has already taken place?
* were they court bailiffs, or private bailiffs?

etc etc....

Your post may have been 'urgent', but .... more haste less speed. Get the facts and then seek help.

James_N

Some specifics - I have just seen the documents:

* Is this mortgage arrears, or bankrupcy?
Mortgage arrears of £2170 on a £47,000 mortgage
If it makes any difference, this is about 33% equity of value

* How long-standing/large are any arreras?
As above. They've been in difficulty for some time.

* what process has already taken place?
County Court Order. Fully stamped - local court.

* were they court bailiffs, or private bailiffs?
County Court Bailiffs

They expect to be able to pay a lump sum to the company of 50% of the claim and stop this action. Can they? (yes they do have the money to do this now)

They also have a form from the court to "appeal" (?) against this order.

Additional information:
Parallel to this action by the finance company, there is a referenced paper trail of a PPI claim AGAINST the same company, where they made PPI a condition of issuing the mortgage at the outset. Yet, as a self-employed person, this PPI policy could never have paid out. The finance company accepted this in July 2012, but have still not paid out. About £7000 is due. I've seen correspondence to back this all up.

Fire_Fox

Did they not attend court? Have they not been communicating with the lender prior to this point?

James_N

Fire_Fox wrote: »

Did they not attend court?

Have they not been communicating with the lender prior to this point?

It would seem they they did not attend court.

Yes, but cold weather caused arrears in flow of income and made an agreed payment late.

hallowitch

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?197-Home-Repossessions

Fire_Fox

James_N wrote: »

It would seem they they did not attend court.

Yes, but cold weather caused arrears in flow of income and made an agreed payment late.

What about after the late payment? It's probably too late to do anything if they failed to attend court and put their case. Have they not been claiming/ entitled to Support for Mortgage Interest? I suspect the best thing you can do for them is help them claim all the benefits they are entitled to and move on if they cannot settle the arrears in full.