Type of case: Eviction Rescue – High Arrears
NAME: Mrs M
Time Available: contacted us 5 days before eviction date.
Previous History: Mrs M had suffered some very difficult circumstances in relation to her mental health which directly affected her ability to work. As can be seen from the figures above, Mrs M had built up a considerable amount of arrears at £38,000 and not in fact made a single mortgage payment for almost 2 years.
Given the complexity of the situation, time was certainly of the essence.
Mrs M’s saving grace was that she had, despite her illness, maintained a position at the firm she worked for and upon returning to work was rewarded a pay rise. Her affordability was sufficient to afford the mortgage but at the very reaches of the interpretation of the relevant law. The law technically allows for you to clear your arrears over the remaining term of the mortgage, which can be a substantial payment when you have high arrears and only a short amount of time remaining on the mortgage, the overriding element that determines the level of overpayment is based on the Homeowners affordability.
CASE WON? YES!
This was a typically difficult case given the time restraints, the substantial arrears and lack of payment history. We hit the case hard and fast, recognising that open negotiation with the Acenden to stop the eviction order would be useless, especially with there being no ability to pay a lump sum payment to Acenden. All Acenden would have done is ask for lots of documentation, and said “NO” at the final hour, eroding the time available to put in a court defense.
We completed an N244 Application for Mrs M the day she called us and secured a court hearing in front of a District Judge within 3 days and provided a very strong and legally founded defence. The strength of the defence impressed the Judge where he turned to Acenden’s representative and said “you better stop wasting any more of my time”. The reason the Judge was able to be so forceful with Acenden is due to the thoroughness of the defence that was put forward.
The eviction order was immediately cancelled enabling Mrs M to concentrate on her health and work. Mrs M was ordered to pay £150 a month towards an arrears debt of £38,000 as a suspended possession order where Acenden cannot take further action if the arrears and mortgage payments are maintained every month.
Mrs M was amazed at the difference between how she was treated at the court when we assisted her, compared to the previous hearings she had attended. Mrs M was understandly very very grateful for the assistance we provided.