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We have gratefully received a very well earned ‘pat on the back’ this week after finally resolving a very difficult and case for a Homeowner facing eviction. 

Naturally we have to commit to the clients wishes to remain anonymous, and will be referred to as Mr & Mrs F, however they have agreed to allow us to share the circumstances and figures to let other Homeowners facing repossession and eviction that their case might not seem all that bad when considering some of the other case we deal with.

Mr & Mrs F run their own business from home and have suffered a very difficult few years following the recession while they have re-established their business. While they were working tirelessly to stay afloat, their comparatively newly built property suffered severe flooding to the floor below ground which meant they had to move out for over 14 months while repairs were made. Thankfully the business was coordinated from an outbuilding.

Their insurance didn’t cover them for alternative accommodation upfront so they had to fund a rental property while the property was repaired. The insurance company then insisted that the claim should be made against the NHBC. The mortgage during this time subsequently accrued huge arrears due to the amount of time the insurance claim was taking.

The arrears on the mortgage were a little over £90,000, with monthly payment of £3,795 per month, meaning the mortgage was in approximately 2 years’ worth of arrears, so there was no suprise that the lender was seeing repossession through an eviction order.

Naturally Mr & Mrs F did not know how to counter the Lenders demands after making numerous attempts at negotiation to clear the mortgage arrears over time,  neither did they know how to defend the eviction order, and were preparing to leave their home. Thankfully, Mrs F called HMS for advice on how to stop her eviction and we took control of the case and the correspondence and forced the lender into court for a hearing in front of a Judge using an N244 application notice.

We won Mr & Mrs F’s case, and achieved a suspended order for them to repay their arrears over the remaining term of the mortgage. We were further commended by the Judge for our work in identifying that the lender had been overcharging Mr & Mrs F and that her payments moving forward were now less than they were previously, even with them now making steady payments towards the arrears. 

2019-12-05T09:49:59+00:00March 19th, 2019|

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