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Everything posted by vickson

  1. Thank you caro and renegaeimp for your responses, I guess the first thing to do is to get a list of the charges, they are over 25k, Ive had various lenders (my mortgage kept getting transferred), it is now managed by Engage credit, but they are not the lender.
  2. So after 8 years, several Eviction hearings and mortgage lenders (lost count of how many times its been transferred now) I have finally paid off my arrears. Does anyone know what I should do now to stop the lender going back to court on the old possession order, Lord knows Ive learnt how to manage my finances now and will try my best never to fall behind again. Glad to have this chapter behind me. Over the years I've racked up tens of thousands of penalties and charges which also accrue interest separately to the mortgage. the Lender is now asking for me to set up an arrangement to pay these back, however I am disputing some of them. The lender has threatened to go to court to demand the whole payment, so I am a bit worried. Are these charges payable on demand? they have refused to add them to the mortgage. Any advice on what to do now?
  3. Got to court and saw a CAB advisor, he went in with me and spoke for me. The Judge ordered that payments should be maintained as per the order, I have to make a complaint about the charges and further interest. Thank you Caro and CitizenB.
  4. ok thanks i will go there now.
  5. Hi Caro The Lender is Wave Lending, yes I have done an income and expenditure sheet showing all these payments. there are many charges on the account. I am in the process of getting help with managing my money better although I can see how the judge may rule in their favour because these charges are not going down. I will go to court early and see if I can get help there. Thanks for your reply.
  6. The hearing is tomorrow 4 March.
  7. I have been fighting my mortgage Lender for many years and after the last hearing the Judge ordered a Review for tomorrow. I have maintained payments on the mortgage including the Extra 200 I have been asked to pay. I have spoken to my lender today and they have said that although payments towards the mortgage have been maintained they are worried that I can not afford everything else to do with the property i.e Management charges and lease payments as they have had to make these payments on behalf of myself. They have said that they will highlight this to the judge and that I should bring confirmation that I can make these payments going forward. the arrears are £5900, however because of these payments the extra interest, and extra charges on the account come up to £30000. This high level of charges and extra interest is what they will highlight to the judge. I am at a loss as to how to defend my case, these charges are quite high and the extra interest is over £150 a month all piling onto these charges. please help me.
  8. Is a repossession not the same as a CCJ on your credit file? as the lender should obtain a money judgement when they get the possession order. There was a post on here some time ago that said "if they dont obtain a judgement they cant chase you for the debt", I would clarify that before offering anything, hopefully someone with more knowledge will be along to offer some advice.
  9. Hi Littlemonstermum, I am sorry you find yourself in this situation. I have one question. Did you attend the court hearing when the possession order was made? and did you offer any defence at all? Someone will be along to help you with filling in the N244 form, you will need to do this if you can prove you are able to pay the full amount plus a little extra on top going forward. Good luck Vicks.
  10. Hi Cutz I cant offer much advise, but just came on to give some support, I know how you are feeling now, as I too have had several appearances with the Judges, Please dont worry so much, if you can show you are in a position to maintain monthly payments plus a little extra you will be ok, Judges are not that keen to put people out of their homes. Ive been to court many times, because my lender will apply for a warrant if i am so much as a day late in paying them. They have now been told off by the jude for doing this. Just make sure you gather all your evidence and lay everything out clearly, also get a statement to take to court, speak clearly and confidently, dont let the other side bully you into paying what you cant afford. make a record of every telephone call every letter etc you have with your lender. above all please dont panic,
  11. Hi Battersea Bulldog Have you received an actuall eviction notice with a date from the bailiff, are you able to maintain payments plus extra to cover arears over a period of time. If you answer these questions you may get some help with an application to suspend eviction, I have had over 7 eviction notices this is because my lender applies for a warrant even if I am a day late, bu each time i have applied to suspend eviction and shown that I can maintain payments and eviction has always been suspended as long as payments are maintained. you will also get more responses if you start your own thread
  12. PS GMAC say anyone due a refund will receive their letter by 30 november. They are not giving any information over the phone.
  13. This happened to me too, although it was sold to another lender whom I hadnt heard of, GMAC even tried to evict me days after they had sold it off, I filled in an N244 form and went to court with no knowledge that GMAC didnt own my mortgage anymore. I too got a welcome pack from the new lender before GMAC advised me of the sale. Their solicitors then sent the court order confirming the sale months afterwards.
  14. It is more likely that if interest rates remain steady, your mortgage payments will go down rather than up, this is due to the low interest rates on at the moment. What does your contract say? usually its a certain percentage over the Libor.
  15. Presumably, if your account was sold on to another lender by GMAC and your new lender is still levying these charges, then your new lender should refund these charges too. Is this a valid claim to send to your new lender? anyone?
  16. They must have given you notice before reppossesion, did you attend court at all?
  17. How do you mean "your house being repossessed through no fault of your own"
  18. I think you are being rather unfair on Ellen here. Firstly the Cheltenham & Gloucester vs Norgan is a very common precedent used in these cases, and you are only showing your ignorance and that of your legal advisor by not using it in your defence. I suggest you search the internet for this case and its implications specificaly to your situation. Ellen devotes a lot of time and effort to this site and has helped many hundreds some who can and some who can not afford legal help. If you had an issue with anything best thing would have been to send a private message. I understand any person in a desperate situation as yourself may panic and say things that they dont mean, I have avoided repossession many times with Ellens excellent help and I know the litigation process very well , I dont see anything wrong with the advice given. I think she deserves recognition not this kind of attitude. In any case. I wish you and your legal advisor well and hope you get the result you are looking for.
  19. YOu need to get an N244 form , will get a link to the form for you, fill it in and take to your local court with 35 pounds. if you cant print it online, the form is available at the court, you need to clearly state on the form you are applying to suspend the eviction. state your reasons for doing so. They will then give you a time to see the judge, as this is urgent you will be given a date tomorrow, Once you have done this, come back here and we will help you prepare a statement. You need to do this now, I can not stress the urgency of this matter. if you do not fill in the form you will be evicted tomorrow.
  20. Tony333, how much equity do you have in the property, have you made any effort to sell the property yourself.
  21. Wave lending are a nightmare to deal with. I also hope it went well for your friend.
  22. Ive been trying to find the rates as well to put them up on here, I echo the sentiments "the new bba site is not much use", for our purposes.
  23. A bit difficult because to do a transfer of equity he will need her signature, Also am not sure wether they would treat this as new lending because I am not sure if they are still lending. Also I think others will correct me here but Capstone is not a lender they administer mortgages on behalf of spml and preffered among others. Maybe put a request n writing to Capstone and see what they say and then perhaps try to convince ex that it s the best way to go as she is probably just being spiteful at the moment
  24. Well done survivor, at my last hearing the judge gave the barrister from the lender a right telling of, he said "when will you people learn that judges need information", how is a judge meant to guess the figures with no documentation. he then ordered that the costs should not be added to my mortgage coz the lender was just a waste of courts time, They really think repossession is a walk in the park and this is because most people will not defend an eviction, they simply just give up.
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