Hi,

I am extremely worried about the possible eviction.

I have mortgage with Birmingham Midshires. I live in the property with my mother who is 68, wife and four children age from 1 to 6.

Back in 2009 I had mortgage arrears for which court granted the suspended repossession order on the terms that I pay £100 towards the arrears every month. which I did.

After some time the lender capitalized the arrears.

After few years i got in arrears again but situation got worse because how the payment team at lender dealt with my account.

I made complaint on 2 occasions.

My complaint was resolved by awarding me the payment of £100 on one occasion and another time £250.

February last year I was in arrears, I contacted the lender but ended up in dispute on the way my account was being handled.

I complaint to financial ombudsman.

They contacted me and lender few time.

Until today i don't know the outcome.

Now i have received a letter from court for hearing on 23rd Jan.

The lender has applied to the court for the decision on to

"The Claimant respectfully requests that the court make the following Order"

"The Claimant permission to apply for a Warrant of Possession pursuant to CPR 83.2(3)(a) and that permission shall remain valid for 6 years from the date permission is granted".

The arrears are around £13k.

I am in a position to make ongoing monthly payment as well as substantial amount towards arrears.

Can you please advise what the lender is asking the court?

Are they asking for eviction warrant?

I am very worried because if the y get the eviction order on the hearing on 23rd i have no where to take my children to.

Please help how can I defend this as well as is this hearing for eviction?

If so, how soon this can happen?

Have i lost all now?

Thanks.

Hi and Welcome to CAG

I have moved your thread to the appropriate forum...please continue to post here to your thread.

I have also marked it for the Site Teams urgent attention.

Regards

Andy

its permission to ..not to actually do it?

could this be because the org order has now lapsed or timed out, ot is no longer in-force because they capitalised the old arrears, thus removing the old SPO or atleast negating it?

Thank you for the reply.

I contacted shelter to find out what this application for hearing is?

They suggested this could be possibly for warrant of eviction on that suspended repossession order.

I am panicking I contacted the lender.

The lady was very helpful she told me currently arrears are at £17k.

She said to stop the hearing I need to pay £14k which I can't.

She suggested that I should contact their solicitor on Monday morning.

They will be able to tell me more about the hearing.

I offered to pay £1500 over the phone to show that I am willing to pay arrears.

I paid £1500.

Asked her to consider £2000 every month towards the arrears.

She was not able to accept the payment plan but said she can go through the income and expenditure to see whether £2000 every month is affordable.

Having 4 kids and dependent mother I don't know what would I do after the eviction.

She also asked me the reason for arrears.

I explained the arrears are not because I couldn't afford monthly payments but because the way my account was handled by them.

I was initially in arrears for £3000 but then because of them dealing with my account I raised complaint with them twice.

On both occasions I was paid small amount to close the case.

On third occasion I complained to ombudsman and stop paying towards mortgage.

That's why arrears built up.

Can someone on this forum with experience can tell what the above application for hearing means?

Thanks.

its permission to ..not to actually do it?

could this be because the org order has now lapsed or timed out, ot is no longer in-force because they capitalised the old arrears, thus removing the old SPO or atleast negating it?

You cant remove a SPO...nor negate it...its perpetual

Has it been more than 6 years since the last suspended possession order?

Yes, Last suspended order was granted in June 2009. I don't have that order copy to check the terms on the SPO.

Lender never tried to enforced that order as I paid as agreed by the court and later arrears were capitalized.

Last year I spent hours on phone with lender to make the payment towards the mortgage but each time I called them they asked me questions to round me up and in the end asking for income and expenditure which i did but after income and expenditure told me although you can afford this but we still don't accept your offer.

Then I complained to speak to the team manager, he agreed that the staff were wrong and said he himself will call me next day to go through income and expenditures again and should be able to agree on payment plan. i told him i will be at work and if i couldn't take call please leave a message and i will call back straight.

Next day I missed his call but returned the call after an hour or so.

someone else took the call and told me now they can't do anything as I missed the call.

I said I told the manager that if i miss call at work i will call back.

and that it has been only an hour or so.

He refused.

I asked to speak to the same manager but was told he is not in the office.

I requested to tell me when he is next available can i speak with him.

I was told they don't know when he will be back and that there is no point because they have now passed my case to the leagal team.

That really made me upset.

I contacted their complaints but not useful.

Then I complained to Ombudsman.

All this was April / May last year.

Since that I was so depressed that I didn't do anything towards mortgage payments.

I tried to chase with ombudsmen few times but no outcome yet.

i know i made a harm to myself by stopped contacting them but i was waiting for outcome by ombudsmen and didn't want to go to depression again by speaking directly with lender.

I think you have GOT to do is STOP PHONING THEM>

writing ONLY

so you have a papertrail…

I think id be getting an sar off to them too.

something smells here and Birmingham Midshires have been hauled and fined I believe numerous times over such conduct toward borrowers?

Are you suggesting not to call their solicitor on Monday morning?

I want to find out from solicitors what the hearing is for?

Whether eviction or to get another repossession order?

Anyone on this forum ever dealt with court notice with such situation?

I need to stop the repossession for my children.

yes there are lots here

pers i'd phone the COURT not ever phone the fleecers or their dogs EVER again.

your issue, rightly or wrongly, is YOU STOPPED PAYING

you shouldn't have done that

all you would ever now need to do is the usual I&E you'll find here on cag in other repo threads

and then prove to the judge that you can pay going forward with xxx toward the arrears

I would expect the hearing on the 23rd NOT to be you're out in xx days

but to give them permission to latterly go back and do that.

that's how it read to me.

get that sar off in the post tomorrow

its FREE and will get you everything they hold on you inc ALL the statements from day one.

if your mortgage is anything like other BM here a good proportion of the arrears are penalties that they cannot charge to the arrears and are reclaimable at a later date.

I agree, I shouldn't have stopped paying . I was so much stressed out dealing with them was that I thought ombudsmen will do something about the and I couldn't just think of contacting them. Learned from my mistake.

I will request the SAR.

I never believed that over 9 years old spot is still

It will help me to prepare for the hearing on 23rd if I know the reason for the hearing.

I want the judge to know exactly what happened a d why I got in this situation.

If they get the eviction date on 23rd , what would be my opinions? Will that mean all e d for me?

not saying you cant type

but could you scan the court letter up to PDF please

make SURE you redact it properly

read UPLOAD

I have attached the court order. Please let me know what you and other experts on this forum makes out of this. Is this hearing permission to grant eviction date?

Please note that the claimants statement that "Claimant has attempted to enforce the Order on previous occasions over the past 6 years since order was granted" is not truth. They ever went to court again in the last 9.5 yeas to try to enforce this order.

docs (1 ).pdf

The application is for permission to apply for a warrant of possession (not to grant a warrant) - they have asked for the order without a hearing, which means no one will attend the court - it will be a paper exercise only.

My advice would be to write to the lender stating your offer and asking them not to enforce the order as long as you keep to the payments. I can help you with a letter if you need me to.

Is it not that lender has requested the paper hearing but court has given me the opportunity to attend? If I don't attend, I won't be able to explain to judge that I can afford payment going forward and what if he decides out right repossession?

If I go to the court on scheduled hearing time will I be able to speak to the judge or because it will be paper hearing I won't get thst opportunity?

What is warrant of possession? Does this means 9 years old spo is still valid and now given the warrant they will be able to evict me without further permission from court?

I am happy to send letter to lender but what if they don't accept my offer and execute the warrant if full arrears not paid in one lump sum?

Please help me with letter. I much appreciate your help.

Ring the court on Monday morning and ask if you ned to attend - I don't think you do as the lender has asked for the order without a hearing. I think it is only an application by the lender to be allowed to issue an eviction warrant ( warrant of possession) as it has been over 6 years since the last one. If the application is granted then the lender will be able to issue an eviction warrant - you will then have to apply to the court to have it stopped.

It is unlikely that the court will not allow the order as your arrears are extremely high, so I don't think it will make any difference if you object.

When you stopped paying the mortgage due to a dispute did you put the money away in case you needed to pay it ?

When I called lender yesterday I was told I need to pay £14k towards the arrears to stop the hearing which I can't. I can pay around £1500 every month towards the arrears. I already paid £1500 yesterday over the phone.

As most probably court will issue the warrant on 23rd if lender don't accept my offer of payments towards arrears they will soon (next day/week) will issue eviction warrant.

How likely is it that I will be able to have it stopped?

does this mean that may be i will be out from my home in next 28 days or so?

For paper hearing do I have option to present my case to judge by sending letter?

Quite a few requirements missing from that application that CPR 83.2 (3a) must be presented with the application ...arrears/reason for delay..

b) if the judgment or order is for the payment of money, state the amount originally due and, if different, the amount due at the date the application notice is filed;

© where the case falls within paragraph (3)(a), state the reasons for the delay in enforcing the judgment or order;

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-83-writs-and-warrants-general-provisions#83.2

Andy

Thanks Andy. What will be effect of missing information will on hearing next week?

its not a hearing for eviction. never was.

stop panicking.

make a deal with the lender but do NOT ever ring them again nor anyone dealing with it or your mortgage in the future ever!!

from now on EVERYTHING is by writing only.

if they ring,

you say writing only please

put the phone down.

a heavy read

but read this thread ALL the way through

it will tell you everything you need to know ever about things like this

https://www.consumeractiongroup.co.uk/forum/showthread.php?400510-Kensington-SPO-**stayed**-now-trying-again-**WON**-(Payment-late-now-worried)(1-Viewing)-nbsp

and how sadly panicking and talking to them ALWAYS makes things 1000's time worse.

sar is a priority too!!

dx

Can't find their email address on their website. Sending letters by post is longer process and I don't know postal address for the department.

Quote

I can help you with a letter if you need me to.

Please help me with the offer letter.

ell-enn is our secret weapon on these...

never fails..

dx

as for the address for the sar

https://register.fca.org.uk/shpo_searchresultspage?search=Birmingham+Midshires&TOKEN=3wq1nht7eg7tr

thread title updated

Do you have any letters received from their arrears department?

Thank you.

Hi Ell-enn,

yes they sent arrears statements but unfortunately I can't find them.

What I remember from last statement around last month arrears were around £3k.

When I asked them last week why £17k and whether they added charges.

They said no charges added to this figure , all charges are added to the balance including court fee.

I asked if you had any letters from the arrears dept as it would have an address on. if you have the telephone number for the arrears department ring them in the morning and ask for a dedicated email address and also their direct postal address - don't get into any discussion about the account, just say you are taking advice and need to send them some information urgently.