Eviction problems.

derekpara | 21:18 Wed 07th Mar 2012 | Civil

15 Answers

Due to no fault of her own my daughter has missed some mortgage payments and has an eviction notice for this Friday, 9th March.

I've managed to send the building society the amount owing by 'Fast Payment' (electronic payment) from my bank today and I have proof from them that the money has been sent. I have just found out that the building society (Northern Rock) has 'not accepted' the payment, although it was sent electronically to their numbered account this morning.

Is the eviction still likely to go ahead ? And what does it mean that Northern Rock has 'not accepted' the payment ? Is it just an administrative procedure ?

Cheers.

D

executors

Court Judgement.

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d9f1c7

Has she already been to court and been reposessed? If not I'd imagine that if the arrears have been paid they would not get a reposession order based on non payment. Sounds like some sort of admin issue.

welshlibranr

If the arrears are now paid, I don't think they can now evict her!......how can they refuse the payment? must be an error!.......

Buenchico

A repossession notice takes several months to achieve, and must involve court action. If things have got that far it's likely that Northern Rock will have closed the repayment account. (i.e. you've been trying to pay the money to a non-existent account number).

To see if there's anything which can be done at this very late stage, start here:
http://england.shelte..._advice/repossession. (Note that the advice line, mentioned on that page, will be open from 0800 tomorrow).

Chris

welshlibranr

Oh good advice there from Buenchico, as always!........he's good!....I'd follow this advice in the morning!........

derekpara

Question Author

Thank you all, especially Chris.

My daughter missed several payments some months ago when her old firm were in financial difficulties and did not pay her anything.

Having found a new job in November she has being making reduced payments as agreed by Northern Rock, so the debt is for the 'gap' period. So, they obviously haven't closed her account as she has been paying a reduced amount to them since November.

The bailiffs are due this Friday morning so, no, d9f1c7, she hasn't yet been repossessed !

d9f1c7

If the bailiffs are due some court proceedings must have taken place. Bailiffs cannot act without court authority. Are you getting the full picture here?

derekpara

Question Author

Well, my daughter doesn't always tell us everything but I've seen the eviction notice so there must have been court proceedings with her knowledge but without her presence ! I'll have to follow that up tomorrow, but the fact remains that payment has been made to the Northern Rock account number provided by them.

d9f1c7

yes but the court has already granted reposession. Northern Rock can choose not to take posession but In companies like that they probably have no mechanism once reposession has been granted. Your only hope is to talk to someone at Northern Rock who can call off the Bailiffs, you really need to talk to someone at head office, sorry I can't be more helpful.

Barmaid

I'd phone the number Chris suggested. The only way I can see out of this if eviction is set for 9/3 is to make an urgent application to the Court to suspend the warrant. You need to do that today.

tonywiltshire

If your daughter has missed some mortgage payments the mortgage provider has probably obtained a possession order (not a suspended possession order), often for 28 days time, your daughter probably did not file a defence but this does not mean that your daughter must move out on the date given for possession

The mortgage provider must now return to the court and obtain a warrant for possession, which will permit them to have court bailiffs present to remove your daughter (and others) with their possessions from the property. The key is now negotiation with the mortgage provider, probably the reason they rejected your payment was they gave your daughter a date by which payment had to be made and it was not received by that date. Talk to the mortgage provider, if further court action is taken try to have it transferred to your local county court and attend and explain the position, it will be very informal, in a room, the judge will not be robed and should be addressed as Sir. Alternatively consult a local solicitor with housing experience.

Just completed this and then I read your further post, you need to get the warrant suspended, quickly.

derekpara

Question Author

Thank you all very much for your answers and for your obvious concern.

Pleased to say that Northern Rock has accepted the payment and the eviction/repossession will not now take place tomorrow. Mind you, I'm five grand worse off until my daughter gets back the £17K she is owed by the crook who paid her with promises only. ACAS has found in her favour.

Thanks again.

D