Type of case: Eviction Stop – Emergency
NAME: Mr & Mrs JW
Time Available: contacted us 3 days before Eviction date.
Previous History: Mr & Mrs JW had failed to maintain the suspended repossession order set out by the court at their repossession hearing. Santander (their lender) subsequently had the right to apply for eviction without a further hearing.
Santander had insisted on an overpayment of £250 per month which they could not afford and were subsequently facing eviction. The date on the Eviction Notice was only 3 days away. They were also told by Santander that they could not take their case back to court unless they cleared the arrears IN FULL and would lose and application they made using an N244 form.
CASE WON? YES!
We took immediate action, and completed an N244 application and arranged and secured Mr & Mrs JW an emergency court hearing for the following day. They were not required to pay any lump sum off the arrears. Mr & Mrs JW’s affordability determined that the mortgage was affordable but they could only realistically afford to pay £75per month towards the arrears and this is exactly what we achieved. Mr & Mrs JW were quite understandably delighted by the result.
We achieved a new suspended possession order, and so long as Mr & Mrs JW are able to maintain their monthly payments plus the £75, then Santander can take no action against them.