First priority is to negotiate with the solicitors - you have some money to pay them, pay it anyway to them - if they accept it, it will go to a good length for the step below if it comes to it. If they won't accept it, or if they send it back to you - take it to the court with you on the step below.(posted 7977 days ago)If the solicitors refuse to accept the money, or send it back to you because they demand the full amount, advise them that you will oppose the Warrant for Possession (the building society, through their solicitor will have to get one of these - it permits the bailiff to evict you)
You will then get a letter or pre-visit from the Bailiff - when this happens, you MUST apply IMMEDIATELY for suspension of the Warrant of Possession. There will be an urgent hearing before a District Judge to which YOU MUST GO if you want any chance of success. Going to this appointment takes priority over everything!!!!
At the hearing:-
1. Outline what you have paid since the last suspensed possession order and how much you have defaulted on.
2. Say whether or not the solicitors have accepted the money (if they have not, offer it there and then) you have raised. Tell the Judge that you have been on maternity leave and what your family circumstances are. Show the Judge that you can now afford X amount over the monthly repayments and that you are making efforts to sell the property.
3. Ask the Judge to suspend the Warrant of Possession.
I cannot predict the outcome of this application, but it is made easier for the Judge that
1. You are offering a lump payment (or have already paid it) 2. You are trying to sell the house to repay the mortgage 3. You have a young family who would be made homeless 4. You have substantial equity in the property which you would lose if you were evicted.
Good Luck!!!!