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Optional Information: Province/Country relating to question : UK property lawAlready Tried: I have tried to get the lender to restructured the loan, it a subprime lender, they refused the monthly payment is £3700 no where near my £1000 monthly income. the last hearing was rejected by the judge, and order the eviction to go ahead as I have not make any payment, but the lender told me to pay £7000 a month so they will stop the eviction in JUNE, as a friend paid they stopped, the friend then wanted to buy the property off me cheaper when I refused the friend recall their money, so the lender put in this current eviction for the 6th,I got my surgery date yesterday which is the 28September, How can I ask the judge to stop the eviction. as I am about to put in an emergency hearing form what do I write on it, as I am currently looking for a property lawyers to represent me at the hearing
1 .The arrears are culmunation of £3157 plus their agents charges, solicitors fees, is since September 2010, and I paid £1700 on August 11th and I am about to pay this month payment of £3158
2. My son who promised to make the payment of the arrears of £3500 a month has travelled around the world and will be back on November 26th and will pay the £3500(£24500) to bring the arrears up to date, then continued paying the £3500, from November 2011 to September 2012.
3. Not at present as I cannot control my wee, so I would like to send my partner and my 17 years old son and a solicitors that I am still looking for to represent me.
4. i can't summarise that is the reason why I am asking for your expert advise.
1. the eviction is for the 6th September
2. the possession order was granted on 9th July 2009, whilst I was paying £100, a week on the orders of one the managers of the lending company, and without warning this manager just initiated the possession order hearing which I attended without legal representation as I was not aware of what to do at the time, before that hearing i also paid the monthly payment of that month of the 9th of July 2010, so without legal representation the subprime lender was granted the possession order and the judge said I must pay £400 on top of the £3158 monthly payment. the lender has since changed their solicitors this year in June 2011 just before the last eviction date of June. When I ask for the lender to bring pre-action protocol, before they started the possession order in 2009 they did not bring it, the judge just granted them the eviction on June which like said before was stayed when my son stepped in
3. Sadly no way for my son to transfer the monies as the account in which he hold his saving has to be access only through his presence at the bank, I can get him to send me a written letter confirming that he will make the payment on his arrival in November but not the proof of funds as he had to be at the bank in person to access that his saving account
Please go ahead and draft the application for me on the basis of the facts that I have told you, As I need to take it to the court for the emergency hearing.