pending eviction-please help

jubaxt

hi-bit of a long story really but basically-we got into arrears with our lender due to family illness over last 2 years(both mum and son were critically ill and i lost earnings).we had taken a loan out with a sub-prime lender-BIG MISTAKE but...

we also got behind with council tax and had a huge car bill end of last year for£1300.

anyway,sorted a payment plan out this year after getting suspended possession order for secured loan arrears and set up direct debit for council tax arrears.

well all was going well til end of march-bank cancelled council tax direct debit.the bank had taken charges from our account in error and cancelled all direct debits til they sorted it and paid back the charges.the council then applied an attachment of earnings and took £1200 out of march salary.I had agreed to pay £500 off loan payment by cheque on 14th april but the lender
,wrongfully)states that I agreed to pay by card on that date(I wouldnt have agreed to it because they took an unauthorised card payment last year).now we have ended up with an eviction notice for 13th may.Ihave paid £1500 since beginning of april despite having council tax deducted again this month for £1100.Am at my wits end with it all.please help-can they go back on an arrangement?I had also arranged to pay a further £500 april 30th but they called yesterday for payment.is this harrassment?i ended up paying a day early-can i use this on the suspended warrant form as evidence?

~Beanie~

Your post is a bit confusing. The way I'm reading it, you have a mortgage and also secured loans. Who are you paying £500 payments to - your mortgage company or the loan providers? Who is trying to evict you? How much in arrears are you?

Try not to worry too much, an expert will be along shortly, I'm sure!

malestrom07

Jubaxt, you really should think about calling CCCS they now have mortgage reposession counsellors who may be able to offer you somevery valuable assistance. Good luck, I'm sure you have a case to put to the court.

silvercar

Can you set out a bit more clearly the agreed repayments and the payments you have made.

Separate the secured loan from the mortgage. Who is trying to repossess?

While you are in this desparate situation it may be worth considering stopping the council tax direct debit, so you can gain control of those payments. Can't the council give you a paying-in book.

I doubt that you can accuse then of harrasment for asking for payment a day early; their arguement will probably be that they wanted to make sure tht the payment was made on time. You could show you paid a day early as evidence you are making payments, but nothing more.

jubaxt

rightee o

the main mortgage has a suspended reposession order and is up to date.

we borrowed a further £25000 from blemain finance(cringe) for home improvements.the repayments are £310 per month but we have £1400 arrears due to the events already mentioned in thread title.we are paying £500 per month to bring down the arrears and i am sure that because of overtime and bonuses the majority can be cleared at the end of june,if not earlier.they are trying to repossess stating that i sent a cheque rather than a card payment in april.today when I called them,they mentioned that they can do whatever they like and can cancel an arrangement whenever they like(lovely bunch of people)not an ounce of compassion between them!!

silvercar

So blemain would need to go to court to get a possession order, they can't use the suspended possession order of the main mortgage lender.

At court on 13 May you will need to defend the possession order in the same way you defended the one from the mortgage company. If you can show you are keeping up with the agreed repayments, a judge should take your side and suspend the possession order. For this reason I would be careful of making payments over and above what has been agreed in case you hit sticky times and haven't got any cash to spare to meet agreed repayments.

jubaxt

we also have a suspended order with blemain-feeling so low!!!

silvercar

So you have two suspended possession orders.

Provided you keep to the terms of each, they cannot change the arrangements that have been agreed in court.

If you have fallen behind with these agreements then they can get possession. You will need to explain to the court that you need to alter the agreement and explain why and get a new agreement made.

If the mortgage is so big compared to the current house value that blemain would not gain if the repossessed and sold the property as the mortgage company has first dibs on the money, then Blemain would need to be told this.

jubaxt

thanks for your reply.am sure that now all the above troubles are behind us we can afford the payments.just hope that the judge agrees that we have paid what we promised.really worried!!