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Original poster

We are being Evicted

64 replies

Desperatelystupid · 28/10/2005 08:53

Well as of 17th Novemeber DP, DC and I will all be homeless!
We have built up arrears on our mortgage and despite corresponding with the mortgage company, yesterday the County court issued us with an eviction notice.

I don't really know why I am posting this, I don't expect anyone to either want or be able to help me.

Our house is currently up for sale. We decided we needed to move, pay back what was owed and rent for a while. I wrote to the mortgage comapny 2 weeks ago advising this, apologising profously and begging that they please bear with us, as although it is late we are now trying to do what is best and want to give them their money ASAP.
I rang the mortgage company yesterday and apartently the only ways to stop the eviction going ahead are to put forward an amount to pay off of the arrears or if the contracts have exchanged on the house sale prior to the eviction date. Bearing in mind we have not had one viewing yet, the later isn't likely to happen. Therefore, DP and I decided we could offer to pay £5000 and ask them to bear with us whilst they house is being sold and we will ensure that all payments are made prior to the house being sold. I put this forward to the mortgage company (lady was lovely), who advised thatbecause we have £10K of arrears she doesn't think the offer of £5K would be accepted.
She suggested we think over the weekend and then call them back next week and see if we can come up with any more money to offer them.

I just don't know what else to do. I know we completely deserve it but I really am trying to resolve the problem now, all we want to do it give them their money and move on.
I just want to cry I cant believe we have been so stupid. We have got a young child and I feel like we have let them down sooooo badly.

OP posts:

Original poster

Desperatelystupid · 28/10/2005 17:03

Thanks guys - knowing that people have been through this and are doing OK now is nice to know.

I have spoken to one of these companies that offer a cash purchase of your house. The man was really helpful, took loads of details and said he needs to do some calculations and get back to me. Also mentioned that they offer a rent back option to some people, have given details of the maximum we could afford per month etc and he is going to let us know about the feasibility of this too.

Feel much better now we are being proactive about it and trying to get it resolved. Thanks for all of your kind help and advice x

OP posts:

Dior · 28/10/2005 17:05

Message withdrawn

Original poster

Desperatelystupid · 28/10/2005 17:07

Because it's an inheritance I'm receiving Dior. As much as it may come across this way I am not some sort of ignoramus that thought I would just not pay my mortgage and blow money on other nice objects, cars, holidays etc. We have no money, that's why we haven't paid the mortgage.

OP posts:

Dior · 28/10/2005 17:09

Message withdrawn

PeachyClair · 30/10/2005 19:16

Hiya, just wondering if you'd got anywhere with this?

Blu · 31/10/2005 16:39

'DS' - how's it going?

Is it inevitable that you will be evicted? Given the fact that you had no notice of the court hearing etc, and no legal representation?

If you managed to get the eviction overturned, and a deal which meant you paid the £5k when it comes and then the rest in smaller amounts, would you actually be able to afford the motgge, or is it, basically, beyond your means?

Original poster

Desperatelystupid · 15/11/2005 11:04

Sorry I have not been back to this sooner, I have been keeping away for a while to try and get ourselves sorted out.

I had no response from the court regarding our application to stop the eviction so I called them this morning and we have been granted a hearing on Thursday.
Can anyone tell me what to expect? Are we going to be given the chance to defend ourselves? DP wont be able to come as he is working away, will this be OK?

OP posts:

Blu · 15/11/2005 11:09

DS - yes, presumably the whole point of the hearing is for you to defend yourselves!
Explain everything about the fact that you would like to pay the £5k and then pay the rest off as you can, that you have kids, that last time the letter didn't arrive until the day....have you had any CAB advice?
You must get solid legal advice before the hearing....but I don't know anything about these things....

expatinscotland · 15/11/2005 11:18

Honestly, given your situation, you really, really need to have some sound legal advise in place for this hearing. This is basically a chance that's been given to you. All the judge has to go on is written evidence, and the evidence is that you have not paid your mortgage in many months, haven't been working with them towards satisfactory repayment and haven't put the property up for sale until very recently.

I know it's harsh, and yes, there is a child involved, but the fact is that the property does not belong to you - it belongs to the lender and you live in it based on a written contract that you will pay them back money loaned you. That agreement has not been fulfilled.

You are in need of some proof you tried to sort this whole thing out before the lender felt compelled, for whatever reason, to seek repossession through the court system.

Legal representation can help you put this together in a way that a judge who has heard this story A LOT can contemplate.

Freckle · 15/11/2005 13:52

If you can't afford a solicitor, contact your local CAB and ask if they have a housing specialist who could help you at court. Not all CABs have them, but some do and they could be invaluable.

Original poster

Desperatelystupid · 17/11/2005 14:45

It's been adjurned. I attended the hearing and have agreed to pay £3500 asap, we will then meet all payments on time with an additional £100 to start making a dent in the arears.
We have a further hearing week commencing 12th December to see if we are keeping up our side of the deal.

Thanks for all of your help.

OP posts:

expatinscotland · 17/11/2005 14:57

Hope it works out for you. ARe you still planning to sell up? Might be the best thing if it's been such a struggle to pay the mortgage. Good luck.

Freckle · 17/11/2005 16:14

Glad to hear that you managed to get the delay you were hoping for. If you can keep up the agreed payments until next year, the property market is much more buoyant in Spring so you'll have a better chance of selling for a reasonable price.

frogs · 17/11/2005 16:30

Ds can I recommend The Motley Fool ? It's a great financial website that tries to take the mystery out of dealing with your finances. They have a Get Out of Debt section, and a lively chatboard on Dealing with Debt where people who have all been there can share experiences.

It's not called The Motley Fool because it assumes people have been stupid, btw -- it's more a Shakespeare's Fool, contrary sort of approach to money.

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