I was given a suspended possession order in April and have not been able to keep up repayments due to maternity leave. Have just received a letter from Davis & Co saying that they are now going to evict me unless I pay the full arrears of £12000. I can borrow £3600 from family to pay the three missed payments and have had the property valued at £50000 more than I owe on the mortgage. I have spent the last 3 months decorating my house so that I could sell and repay then move into rented accommodation. However if I get evicted I will lose everything incl what I would have made had I sold myself. I have two children under 4years. I want to pay the £3600 and sell the property myself. Can I? Or do I just have to move out and hand backk the keys to HMC?

Please help this is urgent.

Thanks Tracey

-- Tracey Gothard (tracey.gothard@tesco.net), June 23, 2002

Answers

If you can sell the house yourself, then all the better. Don't hand in the keys, it won't be the end of the matter, you can do without the agravation that comes years afterwards.

Why not write to the solicitors and say that you have £3600 to pay and are going to put the house up for sale and ask them to put off the eviction order.

As far as I am aware, they will still have to go back to court to get an eviction order - others who post to this board will be able to confirm whether this is true or not.

If the house is worth 50k over what you paid, then its worth it to get it sold now. See an estate agent as soon as possible.

-- pendle (pendle_666@yahoo.co.uk), June 23, 2002.

Don't hand your keys back, if you can sell then please sell. You are more likely to sell it more than your lender. I actually had a buyer for my property for £50K but the bank refused to sell and took a possession order. Nine months later they sold it at an auction for peanuts, £18K. And now they are pursuing me for the shortfall. This would not have happened if they had let me sell the property for £50K at that time.

-- Bal Gill (baljinder_gill0@hotmail.com), June 23, 2002.

First priority is to negotiate with the solicitors - you have some money to pay them, pay it anyway to them - if they accept it, it will go to a good length for the step below if it comes to it. If they won't accept it, or if they send it back to you - take it to the court with you on the step below.

If the solicitors refuse to accept the money, or send it back to you because they demand the full amount, advise them that you will oppose the Warrant for Possession (the building society, through their solicitor will have to get one of these - it permits the bailiff to evict you)

You will then get a letter or pre-visit from the Bailiff - when this happens, you MUST apply IMMEDIATELY for suspension of the Warrant of Possession. There will be an urgent hearing before a District Judge to which YOU MUST GO if you want any chance of success. Going to this appointment takes priority over everything!!!!

At the hearing:-

1. Outline what you have paid since the last suspensed possession order and how much you have defaulted on.

2. Say whether or not the solicitors have accepted the money (if they have not, offer it there and then) you have raised. Tell the Judge that you have been on maternity leave and what your family circumstances are. Show the Judge that you can now afford X amount over the monthly repayments and that you are making efforts to sell the property.

3. Ask the Judge to suspend the Warrant of Possession.

I cannot predict the outcome of this application, but it is made easier for the Judge that

1. You are offering a lump payment (or have already paid it) 2. You are trying to sell the house to repay the mortgage 3. You have a young family who would be made homeless 4. You have substantial equity in the property which you would lose if you were evicted.

Good Luck!!!!

-- David Button (davidjohnbutton@supanet.com), June 23, 2002.

Any chance of an update as to what happened then????

Be pleased to help further if I can.

-- David Button (davidjohnbutton@supanet.com), July 01, 2002.

Sorry!

I contacted the solicitors and they refused point blank to accept anything but £12k. So, I paid the mortgage company direct and then wrote a letter to the solicitors telling them I had paid and now that there is nothing outstanding on the possession order could they cancel any further action. Still awaiting a reply!!!

Nothing further happened yet!

Thanks for all your help. I promise I will keep you informed.

-- Tracey Gothard (tracey.gothard@tesco.net), July 02, 2002.

I have just received a letter from the solicitors notifying me of the cancellation of the eviction order (hooray!) and charging me £175 for professional charges connected with cancelling the warrant and locksmith!! cheek!

-- Tracey Gothard (tracey.gothard@tesco.net), July 08, 2002.

Glad to hear that you have resolved your problem for the time being Tracey. Not sure that you should have to pay the solicitors fees, after all, you didn't instruct them did you? Another way to consider it perhaps is to look at the solicitors fees you've saved by using this site :-). If you are still intent on selling your property you could always suggest to the solicitors that they waive their fee in return for handling the conveyancing :-))))

-- Gordon Bennet (arsenewhinger@hotmail.com), July 08, 2002.

Glad to see it turned out well for you - and can I add thanks for keeping us informed - it gives hope and guidance to others in similar situations when they see a "win" like yours!

Regards

-- David Button (davidjohnbutton@supanet.com), July 10, 2002.