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Posts posted by losingwilltolive

  1. Dear All

    Notmuch of a update as still no news--i would certainly appreciate if someonecan advice:

    (1) how long can the bank keep me indefinately hanging on like this

    (2) since the straight possession order granted on May 14th--i have heard nothing from either bank or Eversheds Re: my repayment proposal--nothing in writing at all---the few phone conversations were a waste of time

    (3) no eviction notice or any news at all

    (4) do i now pay the £75 and complete aform N244 to get some response from birmingham midshires


    Please can someone help as i find this very difficult that anyday an eviction notice could land---

    why is it that they just don't reply???--

    I want this order to be suspended as opposed to the current staright reposession order

    thank you

  2. ok--- i am now seeking professional advice from the leicester law centre/CAB--- also written to local MP( Stephen Dorrell)


    This & other forums like this are great for support---not sure what i would have done without it

    Will keep you posted and if an eviction notice does land on the door mat then i would very grateful for help in defending this

    thank you

  3. Hi,

    to answer your questions--- at £300/month- arrears will be cleared up within the next 15 months

    Ell-Enn- you could be right in the judge did not think income supported-- not sure as he did not discuss my repayment plan---

    yes- i have been getting ongoing help---and will do until i can eventually sell house

    will cary on making my normal monthly payments and an additional £300


    BUT--- can this now hang over me forever, if the mortgage company simply do not reply to me??--

    and- so will it mean that each evening i will not know whether or not an eviction notice will arrive

    thanks again

  4. Thank you--- you are right in that i did make the offer of £300 in panick---but with the current help receiving i can just about do it---I would have much rather offered a lower amount but Birmingham midshires do not seem to be interested---in fact they are still not happy with £300/month!!


    Any furter advice regarding my questions in my post would be very much appreciated--- i am trying to seek all the help i can from whatever sources available

    thank you all again

  5. Hi Ell-enn,

    Yes- sent a payment for arrears ( £300- last week and my next major mortgage payment is due on June 27th--- i will be making this and another additional £300 for the arrears ( a proposal i had made on May 31st- and one which i thought had been accepted)


    appreciate any help you can give as per my previous post i am again really worried

  6. Another update--- as you guys are aware the 28 days passed away on june 11th---

    still no letters from either birmingham midshires or Eversheds

    However- in a verbal phone call to mortgage company ( june 16th) - a lady i spoke to said if i maintained the payments that i had said( she discussed with me on phone the income/expenses etc )-- then they would not apply for eviction...


    Yesterday(June 20th) - called again as nothing still received in writing---spoke to yet another person in collections and she said that the lady i had spoken to on June 16th had no authority to accept /reject any proposals!!! the one i spoke to yesterday said decison had not been made to my proposal of ( MAY 31st)---and that they were looking for me to offer a lot more than the £300 extra that i am paying!!!!--( i have names, times,date of whoever i speak to at Birmingham midshires)


    • Please can anyone here advice----can they constantly keep me on edge here by stringing me along?
    • And i have not yet received an eviction notice---can they have this hanging over my head indefinately???
    • why the mortage company are being so inhumane? they do not even have the courtsey to respond to any of my letters but then give me strict deadlines to get my proposals to them etc
    • 28 days passed on June 11th--- so is the threat of an 'eviction' order arriving a constant thing that i will have to live with for as long as i stay here??
    • can i do ANYTHING to get the mortgage compnay to either accept/reject my proposal of repayment--- as i simply cannoyt live day by day with this massive un-certainty--- i have told them several time sthat at £300 month ---the arrears will be cleared in approx 1.5 years---

    I go to sleep most nights wandering if an eviction notice will land on my doorstep in the morning---all this is now beginning to have an adverse affect for myself and my 2 daughters..

    I really could do with some advice again---- i have tried taking previous advice to chill out and not try think about it( something which i was doing until i spoke to Birmingham midshires yesterday) - but after yesterday conservation i am at my wits end agin

    Thank you all again

  7. Thanks for the replies-- to answer some of the questions raised:


    • Leicester county court- where the district Judge made me feel totally insignificant
    • Have written to Eversheds/& Birmingham midshires offering £300 month to clear arrears-- no response at all ( in reality i'd like to have offered £150/month---but panic has set in and have offered £300
    • yes- I am currently maintaining mortgage payments

    • Yes- i feel very strongly that the Judge did not give me a initial fair hearing and i'd like to do something about that but not sure what -- everyone i have since spoken to says an outright order should not have been given---but the fact is he did give a staright repossession order

    thanks again

  8. does the above mean that we have no claim against the banks for excessive charges on personal accounts until the test case in the courts???


    i had thought the personal claims were ok but anyone with a business account had to wait for the test case

    Plesae could someone advice


  9. Anther update: it is now june 13th-- the 28 days passed on June 11th...the letter that i was supposed to receive 'within days'( judges quote) after the repossession hearing on May 14th---finally arrived yesterday (june 12th!!) informing me that i had to give up possession 'on or before 11 june 2008' !!


    the order of possession has the following:


    ' the order has been made on discretionary grounds and the court orders that

    1. the defendant give the claimant full possession etc etc et


    is the above a reason why this district judge barely listened to me or why he was un-interested in my proposal plan??? hope someone can advise


    • EVERSHEDS still not responding to my offers of repaying the arrears---

    • the bank( birmingham midshires) asked for a proposal on 30th May- which i sent off by recorded delivery immediately---again NO written response

    I have sent so many letters since May 14th--it's unreal---and i have no responses at all...

    what do i do now??

  10. Any help /advice will be really appreciated---i have the latest update for you guys---

    • Still awaiting bailiffs notice----the 28 days notice ends on June 11th( as per letter from EVERSHEDS)
    • Made plenty of complaints during last 8 days---no firm answers but have received letters from courts/ mortgage company ackowlwdging complaints..

    As you are aware the fateful day of May 14th the judge did not even ask about repayment..and simply granted a possession order....but i received this letter from my mortgage company today in response to a complaint i had made to them....please could you kindly read extract and advise me what the hell is going on as i am totally confused--- was the judge at my hearing on a different planet!!( the following is extract from letter recd today)


    ''The court hearing that took place on 14 May 2008 was to obtain a possession order and secure a proposal in court to clear the arrears on your account;this was not to evict you from your property.

    A 28 days possession order was granted as we received no acceptable proposals to clear the arrears in full.''

    I am totally confused as the judge did not even ask or look at proposals---

    please help....as june 11th fast approaching


  11. hello,

    many thanks so far---

    my main question ( i probably have no grounds anyway but worth a try)-- is the distric judges decision:


    All i wish to know is for why the judge did not even bother discussing my plans for repayment of arrears--- i had fully completed all forms showing a full income/expense and also proposals on how my income would also be increasing and alsothe fact that i have also been paying a little off the arrears each month...the judge did not address any of the above and instead granted an immediate possession order..


    so i want to know that can some individual simply make a decision to make myself & children homeless without even at least offering any sort of reasons ( other than the £3950 arrears)---

    I was led to belive that the goverment housing minister had made a statement sometime back for th courts/lenders to show leinency and also that legal representation is to be made available for ALL repossession cases..


    Please can someone advise---as you've probably gathered i am still very bitter about what happened on May 14th---

    this forum has certainly helped to keep my sanity but i cannot comprehend how the judgeconducted my repossession hearing especially about not even being asked what my plans were to repay arrears


    thank you again

  12. hello,

    I too am with Birmingham midshires---having faced massive charges since my troubles began back in nov 07- they have since gone for re-possession and order has been granted--- i am now trying to ensure that they at least accept a repaymnet proposal so will not rock the boat by disputing charges- however- once settled , whichever way the repossession goes i do then intend to try and get back from them any unfair charges---


    Once again , any advice appreciated

  13. Hello,

    I am currently dealing with a repossession isue ( birmingham midshires)- however- i feel that i should now also look the the excessive chargings that my halifax bank have placed on my account over last 6 years...


    i do not have all the statements--so as an initial step could anyone advise what i should first do and/or request


    i woiuld like to follow poper procedure and also use any standard letters


  14. This is exactly what i have not understood--- my repayments are now £1505/ month on current outstanding mortgage.


    I had offered to pay off arrears over a certain time and was also making the monthly repaymnts but for some unknown reason the judge simply granted a repossession order..

    I do not have the know how ( or coiurage), but i would have liked to have challenged the judges decision??

  15. ok...many thanks---will need help with proposal letter for the reasons explained in my previous post Re: judges actions on May 14th---

    If this is a chance to have the home not re-possessed then i would like to take the advice on offer on this forum so that i do not go through a day like my original hearing

  16. if this is the cae---could anyone advise the letter format i should prepare-- i am concerned because on May 14th - the district judge did not even consider my letter which explained that i would like the arrears to be spread over a certain time-- i certainly need help on this and also i will await eviction notice and then complete the n244--i have it downloaded already but am still awaiting to hear from Leicester county court


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