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tifo

Hi, the solicitors cancelled the eviction due to the Breathing Space but may ask for a review (to cancel it). So the whole 60 days of the Breathing Space will probably be used fighting with the bank and solicitors. I'm halfway into it now. But the bailiff says they asked him to issue eviction notice again after the Breathing Space so why are they going to ask for a review to cancel it before then.

StepChange_Sylwia

Hello,

Thank you for your messages, below.

https://forums.moneysavingexpert.com/discussion/comment/82061173#Comment_82061173

I'm pleased to hear that you have contacted the debt advisor (Shelter) again and they have updated your application so that the bank, as well as the solicitors, have now been notified. When applying for breathing space, the bank should be listed as the creditor to be notified and it is their responsibility to notify solicitors or bailiffs working on their behalf.

It sounds like there has been some confusion at their end as well, in understanding whether the full amount of the mortgage should be included in breathing space or not. As per our previous messages, there has been a High Court Ruling to say it is not a qualifying debt and would not be included but perhaps, in the end, they have decided and agreed to stop the proceedings as a courtesy.

https://forums.moneysavingexpert.com/discussion/comment/82063030#Comment_82063030

This is correct. As we have mentioned earlier, breathing space is only a temporary pause in proceedings and they can resume as soon as breathing space ends. In this case, the eviction proceedings can resume as soon as your breathing space ends.

Please note, it is still not guaranteed that you will get the full 60 days' protection as the breathing space can be cancelled at the mid-point review or when the creditor asks for a review. This is probably why the bank and solicitors have asked for a review, to be able to resume proceedings as soon as possible.

Please could you let us know what your plan is for when the eviction proceedings resume? We'd now strongly recommend that if there is no plan in place to pay the mortgage, you start preparing to leave the property (find alternative accommodation and pack your belongings). Unfortunately, when the bailiff comes next time (after the breathing space has ended) they will be able to just change the locks to the property and you would only be given a short time to gather your belongings.

If you do not have alternative accommodation waiting for you, please contact your local council or Shelter and make them aware you will be evicted from your property shortly.

Regards,

Sylwia

tifo

Thanks all for the replies …. it's all very confusing (and stressful) for me as i don't know what they're doing day by day … it could be that they'll let the breathing space run (like they've told the bailiff) or ask for a review (like they've told the debt advisor that they've passed it internally for review) or the solicitors have cancelled the eviction but the bank is not happy and may ask for a review. I'm midway now and any review might lessen it by a few weeks (if cancelled) but I read somewhere that after 45 days they don't tend to cancel them so maybe the bank wants to get a review before this.

StepChange_Sylwia

https://forums.moneysavingexpert.com/discussion/comment/82065398#Comment_82065398

Thank you for your message.

We understand this must be a difficult time for you. Please make sure you reach out to your GP or let us know if you would like information or contact details for organisations that can offer you support with your mental health while you are dealing with this, please contact us. Alternatively, please visit our website www.stepchange.org.

Unfortunately, we cannot say whether the creditor will wait for the end of the Breathing Space or ask for an early review, but both your debt advisor (Shelter) and the mortgage company/ solicitor should inform you if there is an early review request.

We would still recommend that you get some advice and support with preparing yourself for what happens next, when the Breathing Space protections end.

Best wishes.
Sylwia