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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am to be evicted in the morning.I appealed today and have

Resolved Question:

I am to be evicted in the morning. I appealed today and have a hearing with high court in the morning. this is my third time in court I have not yet parked anything I am overwhelmed. My mortgage is £281, 000, my property is worth £520,000. My arrears are £18,500.

I am still in employment but had to reduce my hours due to sickness

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Is this commercial or private property? Was there a possession order, if so was it suspended?
Customer: replied 2 years ago.

It is private. there was a possession and it was suspended yes.

Expert:  Ash replied 2 years ago.
Did you not keep up with the possession payments as ordered?
Have you had previous stays of eviction?
Customer: replied 2 years ago.

I have had x1, last year April I think. It is confusing, That's when the possession order was suspended.

Expert:  Ash replied 2 years ago.
I assume you breached it?
What is the current monthly instalment?
How many months is left on the term? What did you offer the court?
Customer: replied 2 years ago.

Yes. I did.

The current monthly instalment is £1061. Arrears repayment was £250

Term has 7 years left.

Expert:  Ash replied 2 years ago.
On what basis was it dismissed!
Expert:  Ash replied 2 years ago.
Sorry that was meant to be a ?
Customer: replied 2 years ago.

The judge said it was because I had failed to continue making the payments as order in April 2014.

I did make payments of £1061 plus £250 per month until January 2015.

Expert:  Ash replied 2 years ago.
Why didn't you keep up payments as ordered since April 2014?
Customer: replied 2 years ago.

Due to illness my salary was reduced in May 2014. But It is due to go up end of May when my hours increase again.

Expert:  Ash replied 2 years ago.
You need to show that you can pay the arrears over a reasonable time. Usually it should be 3 years so you would need to maintain cmi plus £18,500 over 3 years which is £514. This is the best option.
There is also the Norgan legal principle which is cmi plus £18,500 over the remaining term which would be £225 per month.
This can be accepted but it would be your final bite of the cherry. This is called the Norgan minimum and you need to refer to this in your appeal. Clearly if you can pay the shortfall of arrears since the April 2014 order this will help you tomorrow.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Yes please. Just a couple of points:

Do you mean I should offer to the what is pending since January= £1250, and the ask the judge for the Norgan minimum from tomorrow onward?

Expert:  Ash replied 2 years ago.
You should try and pay what you missed tomorrow. And then the Norgan minimum onwards.
Alex
Customer: replied 2 years ago.

Just the arrears.

Or arrears plus the repayment total of £5,300 as well?

Expert:  Ash replied 2 years ago.
Arrears plus £5300
Alex
Customer: replied 2 years ago.

Thank you Alex. That has been very helpful.

Is possible for me to save the discussions we had had. Need to read through them again as I prepare my statement?

Expert:  Ash replied 2 years ago.
Once your rate you can print this off or come back to the question at any time.
Alex
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

ok. Thank you. I will do that.

Bye,

Mary.

Expert:  Ash replied 2 years ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex