Notice of Eviction one week from now (Scots Law)

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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 (eileenlauter@hotmail.com), June 07, 2004

Answers

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.

Good luck!

-- David J. Button (davidjohnbutton@supanet.com), June 07, 2004.


Eileen,

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.

Mark.

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 (idgroms@hotmail.com), June 10, 2004.


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