being repossessd in 1 week

medway_queen

What you need to do ASAP is to go to the Court detailed on the Summons and fill in a form to make an Application that the Warrant for Possession be suspended . It is likely that the Court will give you the date that this application while you are there.You may well find that the date given might be as late as the day before you are to be evicted . This is common Court practice.On this date make sure you arrive at Court in ample time .The case will be heard by a District Judge who are usually very nice and fair .What you need to ask the Judge is that the eviction be suspended and make a practical financially viable plan to repay the arrears .I gather in you case that might be about 3 thousand pounds. What you need to work out is what you CAN afford to pay off these arrears . Legally the Judge can make an Order that the arrears can be repaid over the remaining mortgage period. Obviously the normal mortgage payment will have to be paid as well.In 99 per cent of cases the Judge would accept an offer like this .If for some reason this did not happen then you should ask that the Warrant be suspended for a period of 56 days .This just gives you a bit extra time if all else fails .Dont take much notice of whoever is at the Court on behalf of the mortgage company they will have instructions to disagree with the Application but the decision rests with the Judge . Whatever repayment plan you agree to it is VITAL that you stick to it or the mortgage company can apply to the Court for the matter to be reinstated ASAP . They keep a close watch that the payments are made on time even a day late and they can restart the process.If for some reason you cannot make the agreed payments you MUST go back to Court and make an Application that the original Court Order be reviewed . Each application should be looked on as individual no matter how many times you end up back in Court . I hope you find this info helpful and most cases like yours can be sorted out ok . Let me know how you get on but you MUST go the Court ASAP and get your application in .Good Luck.

tigerfeet2006

Thanks MQ for a really great first post. I hope the OP comes online soon and reads it.

relynutz

the case has already been to court and i am being evicted next thurs. surely i wont be able to get it suspended at this late stage?

when i spoke to the council xmas eve and made an appt for 3rd @3pm
she said that they have to put a roof over my head because of the children even if its temprary to start off with. , i cant think stasright i just have no idea what to do, havent told ne1,

tigerfeet2006

Have you checked out the Shelter website? Have you tried to ring them?


http://england.shelter.org.uk/advice/advice-136.cfm

Do you want to try and save your house or just move to council housing? If they think you have made yourself intentionly homeless then you may loose that accomodation or you may have a fight on your hands.

Medway Queen seems to know what she is talking about why not ring Shelter and check. Get yourself armed with all advice possible.

immoral_angeluk

Call your council or housing association and explain. In the meantime you need to find somewhere to live for yourself and your children.. friends family... anyone.. I'm presuming that you have some serious money issues if you missed 4 full mortgage payments and for those I advise you to contact the CCCS or payplan but right now you need to find somewhere to live.

penguin83

relynutz wrote: »

the case has already been to court and i am being evicted next thurs. surely i wont be able to get it suspended at this late stage?

when i spoke to the council xmas eve and made an appt for 3rd @3pm
she said that they have to put a roof over my head because of the children even if its temprary to start off with. , i cant think stasright i just have no idea what to do, havent told ne1,

You can make an application to suspend right up to the last minute. There will be information regarding this on your eviction notice. The form you need to complete is available from the link below. There is a court fee of £35.00 payable however you may qualify for a remission of the fee (more info from 2nd link.

Application N244

Fee Remissions

relynutz

of course i want to try and save our house i dont want to move back into council ,. not that theres anything wrong with that i was for a few years anyway.

i'd be lying if i said that its not frustrating knowing that my sil pays just over £240 p/m for a house a house almost identical to ours and our mortage is £758. but thats not the point though.:o

tigerfeet2006

Sorry to be nosy but if you keep the house will you be able to afford it? If you need help with you're budgeting then we can help you with sorting it out.

All the best with it all. I hope you can sort things out in what is a very scary situation.

hayley1471

Your local council have a statutory requirement to rehome you, provided you haven't made yourself homeless. I was faced with eviction 2 years ago, (ex-husband made himself bankrupt and the Trustees forced me out), luckily it was held off until the council rehoused me - although they would have put me in temporary hostel accommodation if a house hadn't come up.

It was more hassle for the trustees to force the eviction, so they were happy to wait 3 weeks whilst my council accommodation was made ready.

Good luck.

k1mmie

hi. I am sorry to hear about your situation. Please try to be strong. PM me and I will give you details of someone you can contact who may be able to help you. All the best. Kim