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**HELP PLEASE - eviction notice recieved**

23 replies

EFFINANGRY · 03/05/2007 12:38

does anyone have any experience or legal advice? I didnt know this was coming as mortgage is DHs and he lied to me.

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mumblechum · 03/05/2007 12:47

What exactly does it say?

The procedure is usually like this

  1. Notice to Quit (from Landlord to Tenant)
  1. Notice of issue of court proceedings
  1. Possession order made by court
  1. Warrant for possession "

If you can post a bit more info, I may be able to help.

EFFINANGRY · 03/05/2007 12:50

it says 'final notice of ejection' I am assuming DH must have had others before

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LIZS · 03/05/2007 12:50

Phone CAB . Don't they have to have had previous letters of repossession signed for ?

LIZS · 03/05/2007 12:52

Info on Shelter website

EFFINANGRY · 03/05/2007 12:54

thanks for link (weak)

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mumblechum · 03/05/2007 13:01

Yes, but is it from the Court? If not, then it's just a threat to take you to court. They have to have a court order to chuck you out.

There's no such thing as a Notice of Ejection, so I'm thinking they're just trying to scare you into going without having to go through the bother of court proceedings.

noddyholder · 03/05/2007 13:05

Is it from the bank you have the mortgage with?

EFFINANGRY · 03/05/2007 13:07

it says they have a decree from the court (in scotland) The letter comes from stiling park sheriff officers for DHs royal bank mortgage

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mumblechum · 03/05/2007 13:12

Sorry, didn't realise you're in Scotland. Can only advise on England/Wales law.

Hope it works out.

EFFINANGRY · 03/05/2007 13:13

oh ok thanks anyway

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FiveFingeredFiend · 03/05/2007 13:15

please phone shelter they know the law inside out and have specialists.

what does your dh say about this - why is the Mortgage only in his name?

EFFINANGRY · 03/05/2007 13:18

he bought the house before we were together and we never changed it. he hasnt said much as he is at work but said he woiuld call me back - so far he is pleading ignorance.

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EFFINANGRY · 03/05/2007 13:19

will phone shelter thanks

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littlemissbossy · 03/05/2007 13:20

OMG he must know something - how awful for you all
Wish I could help don't know anything about this stuff
Please call Shelter or the Citizens Advice

LIZS · 03/05/2007 13:43

There is a a section on that site for Scottish law. Is he normally the sort to bury his head in the sand ?

EFFINANGRY · 03/05/2007 13:49

yes he is LIZS and he has lied before but I thought we had got through that!

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littlemissbossy · 03/05/2007 13:56

EA have you spoken to anyone about this yet?

EFFINANGRY · 03/05/2007 13:57

got good info from shelter but want to get the full story from dh before going any further

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littlemissbossy · 03/05/2007 13:58

ok good luck/hope things work out

EFFINANGRY · 03/05/2007 14:09

thanks to everyone btw.

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Blu · 04/05/2007 10:46

Any explanations from DH, Effin?

Have you had advice as to how to approach the mortgage lenders over this?

EFFINANGRY · 04/05/2007 13:25

Thanks for asking blu - dh has said he honestly didnt know things had gotten to this point because he hasnt been opening his letters (burying his head in the sand again!) It turns out that we only owe £680ish which is 3 months mortgage for us but because of the court we now have to pay almost £1000 to include the legal costs. Apparently we can come to an arrangement to pay the legal costs now and split the mortgage arrears into intsalments to be paid along with the normal monthly amount but my brother has offered the £1000 and I think we will take it from him and pay it back bit by bit. I just hope I have got through to DH this time about honesty and burying his head in the sand.

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mumblechum · 04/05/2007 14:25

Phew, thank God for your brother.

Maybe you need to come to some arrangement about the post so he can't hide problems again in the future.

Drastic measure, this but one of my clients was in the same position as you and he put a lockable post basket onto the back of the front door so his wife couldn't get & hide the credit card statements!

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