Notice of Eviction one week from now (Scots Law)greenspun.com : LUSENET : Repossession : One Thread
After years of struggling to pay my mortgage Lloyds TSB have issued a Notice of Eviction (which happens next week). I was taken to court three years ago but didnt realise I could have defended it (Bank's lawyers at the time said it was nothing for me to worry about!!). At that time I paid off the arrears in full, but got into trouble again this year. I am now in a good job with a good income and have paid my mortgage payment and agreed arrears over the last two months but they have still gone ahead with the eviction. I contacted a lawyer this morning who was useless and said I could do nothing.
Does anyone have any advice on how to deal with this. I could maybe offer them a sum of £1000 (arrears are £2,400)- would they accept that? I phoned the bank's lawyers today but couldnt get anyone to speak to.
Basically I just need to know - is that it? Do I lose my home after 12 years because of this?
Any advice appreciated!
-- Eileen Lauter (firstname.lastname@example.org), June 07, 2004
You need to get an application in to the local court urgently to ask for the warrant of eviction/possession to be suspended on terms.
As to whether or not you will be successful by offering £1000 now and the remainder over a period is completely down to the judge on the day and it could possibly swing either way.
You will get an urgent appointment before the judge - probably arranged over the phone, so that if your application fails, then I am afraid you will lose your home. You can minimise the likelihood by going to the court hearing armed with figures and possibly your £1000 in cash to slap on the table there and then.
-- David J. Button (email@example.com), June 07, 2004.
If Scottish law is involved here then bear in mind this is different to English law. If you need advice on Scottish law I know Moira who has posted on this site quite a bit has some links to Scottish solicitors/advisors. Let me know if you want her email address, though you can find it looking back at previous postings. Good Luck.
P.S. You could also try National Debtline which has a national telephone helpline for people with debt problems in England, Wales and Scotland, see: http://www.birminghamsettlement.org.uk/advice_natdebt.htm
-- M Amos (firstname.lastname@example.org), June 10, 2004.