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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am in arrears on my mortgage of £4600 due to the fall in

Customer Question

I am in arrears on my mortgage of £4600 due to the fall in business. I have been trying to pay as much as I can. Tonight I borrowed £2000 from a friend becauce they are telling me that baliffs are arriving tomorrow to reprocess my property and will not accept this payment. The company is GE Money
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I will do my best to assist you but I need some further information first
When was the Possession Order made and when did you receive the notice of eviction?
Claire
Customer: replied 3 years ago.


may 21st but have been paying what I could. no notice until tonight

Expert:  Clare replied 3 years ago.
Hi
What time are the bailiffs coming?
Did you make an offer in court to pay the mortgage plus something off the arrears if so why did you fail to keep to it?
Claire
Customer: replied 3 years ago.


i have no paper from court

Customer: replied 3 years ago.

10 in the morning. I did not have a hearing in court,

Expert:  Clare replied 3 years ago.
Hi
Did you attend court when the possession order was made?
How soon could you pay off the arrears?
Claire
Customer: replied 3 years ago.


No did not have any papers to appear in court. I can pay off the arrears if I take equity release on mortgage which will take about 10 weeks

Expert:  Clare replied 3 years ago.
Hi
Did you attend court in May?
Claire
Expert:  Clare replied 3 years ago.
Hi
I am more than a little confused I am afraid.
In order for matters to have come this far there have to have been possession proceedings and from what you have said these happened in May
I assume that you attended court on that day and that you were aware that a Possession Order had been made.
Whilst I understand that this is not quite the same as being aware that the bailiffs would call you must certainly have been aware that you were facing a very serious problem.
Having said that even now there is the chance that you can gain more time
You will need to attend your local county court at 9.30 tomorrow morning
with this form
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
fully completed explaining why you have not taken action sooner and what your proposals are to pay of the arrears
You can read more about this here
http://england.shelter.org.uk/get_advice/repossession/eviction_by_the_bailiffs
and here
https://www.gov.uk/private-renting-evictions/eviction-notices
You MUST be there at 9.30 ready to go and ask to see a judge urgently.
You should ask for the Bailiffs to be notified that you are there
I hope that this is of assistance
Claire

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