niece evicted this morning some advice please.

[scaredkez]

hi all just looking for some advice for my niece, her and her hubby have been having money problems for a while, he doesn't allow her to have any money and over the last few yrs she has got depressed and is on medication because of his possessive behaviour, last year they had notice that the mortgage company was going to repossess as hubby had not been paying mortgage payments with the help of family they got the mortgage up to date and her hubby into full time employment, however it seems he has been up to his old tricks and hasn't paid the mortgage, went off to work this morning and my niece was woken up by bailiffs and a lock smith with court order for eviction and her and her 2 kids were thrown out onto the street, only being allowed to take some clothes, luckily her mum lives next door came out to all the commotion, the bailiff said hubby did know about date and had dealt with him in the past and had found him to be quite arrogant, my sister in law offered to pay money on her credit card and they said it was too late for that , the house was being repossessed and the occupants evicted, her hubby obviously knew they were coming today and said he didn't and that he won't be home tonight knowing full well his wife and kids are now homeless, won't repeat what i said when i was told, they phoned me as they know of our situation and was wondering if we could get any info or advice, so i thought i would ask on the forum, told her to get in touch with council homeless urgently, not sure if she is on the mortgage just going to get more info now
thanks everyone
kerri

Please view my blog at: http://scaredkez.blogs.iva.co.uk/

[pippa]

Oh my god!

I am so sorry, I cannot belive it, I cant even offer any advice sorry. But I just had to reply, there must be an emergency line for the Council of perhaps social services could help or something . Poor things, I do hope they are ok.

Pippa

[aguise]

Oh Kerri how awful for her I am so sorry. I cannot offer any help other than for her to go to the council, can they not try to get in touch with the mortgage people and tell them the offer to pay was there and that your niece was unaware of the situation, it is not fair that she and the children should suffer because of his selfishness and I am being polite there.
I truly hope something can be sorted for them soon.

Ang x

Please visit my blog at http://aguise.blogs.iva.co.uk/

[Skippy]

I'm sorry Kerri, I can't offer any advice, but I just wanted to say I am thinking of you and your poor niece and her children. Please let us know how she gets on x

Yesterday is history, tomorrow is a mystery, today is the present - a gift to make the most of.

View my blog at http://skippy13.blogs.iva.co.uk/

[MelanieGiles]

Hi Kerri

In 22 years of working in the insolvency field, I have only ever heard of this type of thing happening once before, and the news is not good I am afraid. Presumably your niece's husband has been keeping her from the incoming mail, as you do have to be served with notice of eviction proceedings. She may have an argument that she was not served correctly, but would need to take urgent legal advice on this matter tomorrow - and find a way of getting any arrears paid which may not not even be accepted by the mortgage company. Is there any equity in the property so far as you are aware?

I feel so sorry for them - why on earth did they not check up on this man's payments when they had been through this once before? Do they have other debts as well as the mortgage arrears?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[scaredkez]

hi all and thanks melanie, just trying to get in touch with her as i have been at work all day, trying to get as much info as possible, melanie must the notice have been served by hand?

my poor sister in law thought there was something amiss and questioned him last week and he said everything was upto date, obviously her suspicions were right, she is phoning me in five minutes so will be able to get as much info as poss then, he allows my niece no money whatso ever everything is now coming out, i will find out if anything else owed and whats in her name and get back shortly
thanks kerri

Please view my blog at: http://scaredkez.blogs.iva.co.uk/

[scaredkez]

update, niece is not on mortgage, and has no other outstanding debts that her mum knows of, hubby told her a month ago, must have been when the notice was served, that the mortgage co had contacted him but has sorted it all, obviously thought it was all going to go away, as she is not on the mortgage they won't really have any dealings with her and has to arrange through the estate agents and her hubby to get things out of the house within the next 14 days, she has appointment tomorrow with council but she has nothing to say she has been evicted as they wouldn't leave the paperwork with her as the property was not hers, any advice please melanie on how she puts her case over to the council and also she has no income of such as he seen to all the money, what a mess, said could have helped better if we knew sooner, and she could have attended the court to plead her case to at least get 6 weeks to get sorted, sister in law unsure if the hubby has other outstanding debts but i can only presume he would have, can't believe he went off to work and left his wife to face that alone what a coward, hopefully she will open her eyes now and walk away from the control freak and start a new beginning, he can't even face her, i know what i would do if i was her and he came face to face, well enough ramblings will let you know how she gets on, that was my biggest fear being repossessed really feel for her and anyone else in the same situation, thanks everyone
kerri

Please view my blog at: http://scaredkez.blogs.iva.co.uk/

[MelanieGiles]

Kerri

There is really nothing she can do to get herself back into the property, as she is not a legal owner. The fact that she and the children have been evicted is extremely galling, as he would have had plenty of notice about this and several letters over the last few weeks - these things do not just pop up out of the blue. The only saving grace is that this must get her much higher up the housing list, and hopefully the social services can be of real assistance here.

I just cannot believe that human beings could treat others like this - especially when there are young children involved. If there is any equity in the property, make sure that she lays claim over this on behalf of her and the children.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[lily]

Hi Kerri

I am so sorry for you and your niece and her children. The best thing to do is to cut her losses get away from the man responsible and start again. If she were to go to the council as a homeless and by the sounds of it abused mom with kids, they would temporarily rehouse her and give her the imput she needs to rebuild her life. Domestic abuse does not have to include beatings this one dispicible act is enough. I know its hard right now but she can get through this, I wish I could give her a hug right now, you can phone someone even at this late hour of the day.

Good luck with everything

Thinking of you all

lily

[Kiska]

hi kerry,

the poor thing. what a horrible thing she has had to go through. a friend at work was abused by her husband and decided she had had enough so she walked and made herself homeless. the council offered her somewhere in a few days and she had only grown up children. i send you all my love at yet another difficult time. he needs hunting down and made to face up to 'his' mess..

[scaredkez]

thanks everyone for the support, can't believe it myself, couldn't even begin to imagine what it would feel like to be literally thrown on the street, she is on a camp site tonight and seeing council tomorrow, reason she is on campsite her mum thought it best she be away from the house as she has no one else to go and mum lives right next door bit too close, she has a friend staying with her, she lives just outside anglessey so too far to come her for the night, will let you know how she gets on, he even had the nerve to telephone and say i don't think i will be able to make it back tonight, that annoyed me even more, but how could you go to work knowing what was instore for you wife and kids maybe he thought they wouldn't actually throw you out, well lesson learnt they do, hope she doesn't take him back and makes a clean break with a fresh start, thanks again everyone, will keep you updated.
kerri

Please view my blog at: http://scaredkez.blogs.iva.co.uk/

[MelanieGiles]

Kerri

Although it is a really hard thing for you all to do, it may be better to leave her living in less than standard living accomodation, as this will probably score her more points with the housing authorities. If one of you takes them in, much as I am sure you would all do if you could, this may indicate that she does not have much of a housing issue at all and make it longer before she gets a council place.

I'm no expert in this field, but it is just a thought - and a pretty horrible one from where I am sitting from the comfort of my home at the moment. One of my clients read this thread this evening and commented that she felt really sorry for herself until she read this post. I am sure we all feel the same, and I hope to hear good news from you soon.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[scaredkez]

thanks melanie, it does put it in perspective, i am worried about my own home at the mo but at least i have warning of what can happen, but to wake up to that well even i can't imagine that, the support from you guys is fantastic only wish she could see this for herself.
thanks kerri

Please view my blog at: http://scaredkez.blogs.iva.co.uk/

[Rainbow]

Hi Kerri
Am so sorry for you and your family. This is not so rare in housing work! Your niece will have a right to apply to the Council as Homeless - The Council then have a duty to investigate her homelessness, because she has the children with her she becomes in priority need then they just have to accept that she is not intentionally homeless - Whilst they are investigating her homelessness the council have a duty to provide temporary accommodation for your neice and her children (UNless she is staying temporarily somewhere and can continue to do so until something is sorted - This is called Homeless at home or sofa surfing.
If house was in husbands name only she is 90% of the way there. She then just needs to say that she had no knowledge of the eviction or correspondance from the mortgage company. The Council will check this with the mortgage company IE has she ever been in contact with them etc.. She needs to remember that the onus is on the Council to PROVE that she had knowledge of this and not her.
She then needs to contact the Job Centre to make an income support claim in her own right for her and the children (If she is not working) If she is unable to claim then she needs to make a claim for sickness benefit but the job centre will help her make the claim. If she has no money at all she can ask the Job centre for a crisis loan - Is she getting Child Benefit paid to her in her bank account? If not then she needs to inform Newcastle of what has happened and ask them to pay into her sole account.
I really do feel for her and having seen so many over the years you really do have empathey for the wife and children (Usually there the ones left behind!)I hope all goes well as the Council today but should you need any further advice then please let me know.
Good Luck
Rainbow x

[MelanieGiles]

And isn't this a mark of the success of the forum, that we are able to benefit from each other's own professional backgrounds. I am sure Kerri and her family will be very grateful for you taking time to make this post, Rainbow.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk