Ask a Law Question, Get an Answer ASAP!
Hello Alex, In response to your question, "what can I help you with?", please see my original query, asked at 10.32 this morning.
Sorry yes. I assume the possession order is only on the basis of the arrears?
Yes, that's what we believe. We can't understand why they won't accept payment.
Yes, that's what we believe.
Yes. You need to apply to the Court to suspend the warrant of eviction as you are using form N255
However it should be the Landlord that is doing this.
But to answer your question if all the costs and arrears have been paid then the possession order can be suspended.
But really it needs to be the Landlord.
As tenants if a possession order is given then you can apply to the Court (if the Judge refuses to suspend) to stop the eviction for 2 months.
But as I say, it really should be the Landlord making the application
Can I clarify anything for you about this today please?
If, Mrs Lee transfers the 'arrears' is the bailiff obliged to accept it or, alternatively, the cash from us? - Yes the bailiff is required to accept payment for the debt
We were told that even if we have the funds, the representative for Engage Credit, who will accompany the bailiff can accept the cash and still evict us, is this the case? - once full payment of arrears and costs is made then you can't be evicted unless there is Judgment for the full outstanding mortgage, then in which case you could still be evicted.
Is it possible for either Mr & Mrs Lee or ourselves to become a guarantor or is there anything else they or we can do? - Sadly this is a decision for the lender. You can't force them to accept you as guarantor.
Thank you for that, is there anything else that we could do?
Sadly not at this stage. Its really an issue between the Landlord and the lender. The lender may accept your proposed offer of payment, or may not. Sadly you can't force the issue
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.
Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Please remember to leave feedback before you go today