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losingwilltolive

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Posts posted by losingwilltolive

  1. latest update---- still no letter from court but finally received a letter from EVERSHEDS- not sure what it really means but....

     

    confirms that ' order will become enforceable on 11th June 2008' - that bit i understand...

    please can someone explain what the following means' . A money judgement for £205,000 was also obtained.'

     

    The letter also goes on about enforcement etc...and...

    ' should you wish to avoid repossession becoming necessary, please arrange to clear the full arrears prior to this date. If you are unable to clear the arrears on your account, please forward your proposals for clearance of the same within next 7 days'

    Could some one adviseas to this money judgement????? and also with regards to payment of all arrears are they talking about current arreras on mortgage prior to repossession order( £3950) OR do they mean £205,000!!- I ask as the only monetary amount on the letter is the money judgement amount for £205,000

     

    please can someone advice/help me with this again

    thanks

  2. Hi Ellie,

     

    Re:''they cannot accept repayment proposals or capitilising as it would take too long to pay off arrears.##

    At my hearing on 14th May-- i too was told exactly the same----although since then i have learned on here that i should have quoted some legal decisons---

    when i get my eviction notice i will be hopefully outting together a plan of action( with help from this forum)

    The legal case quoted( Norgon) do all District judges have to abide or can they go off and make their own rulings-- It's just that i no linger have any faity in theDistrict judges way of thinking

  3. Hi Ellie,

     

    Re:''they cannot accept repayment proposals or capitilising as it would take too long to pay off arrears.##

    At my hearing on 14th May-- i too was told exactly the same----although since then i have learned on here that i should have quoted some legal decisons---

    when i get my eviction notice i will be hopefully outting together a plan of action( with help from this forum)

    The legal case quoted( Norgon) do all District judges have to abide or can they go off and make their own rulings-- It's just that i no linger have any faity in theDistrict judges way of thinking

  4. Thanks to another poster i have now found my thread-- thanks

     

    i did not attend court and simply just allowed it to happen!!!

     

    could anyone advice- a charging order has been placed already--can it be disputed unfortunately as mentioned in a post last week-- creation finance ?( land of leather) have placed a charge of approx £4500---with interest it's probably increasing at a rapid rate as each month passess---

    They have answered none of my previous calls/letters re: repayment

     

    Is there anything i can do once a charge has already been put on?

    thanks

  5. hello-

    could anyone advice- a charging order has been placed already--can it be disputed unfortunately as mentioned in a post last week-- creation finance ?( land of leather) have placed a charge of approx £4500---with interest it's probably increasing at a rapid rate as each month passess---

    They have answered none of my previous calls/letters re: repayment

     

    Is there anything i can do once a charge has already been put on?

    thanks

  6. hi-

    Everytime i read this forum it certainly does give me hope but then there are also times when i now still fear the worst due to what happened on 14th May....

    My arrears were incorrect on their poriginal letter but now stand at 3950---

    I am , (with family help again)- making a payment of £350 off the arrears... but not sure if any of this is doing me any good as i have still not heard from the courts, mortgage company or Evershed( banks solicitors)--- ideally and as i have siad before i would like them to spread arrears over at least 12-18 months and preferably longer....but no one is getting back to me...original arrears is down from approx £5000 to £3950 but courts/banks/solicitors do not seem to care about that at all

    do you think they purposely wait until its very close to the 28 days and then make contact??

    This forum is a godsend but i am still going to hell & back on a daily basis since May14th as i can't seem to concentrate....

    its a shame as last week i also received the certificate from OFSTED informing me that i can now practice as a registered childminder---but with the uncertainty surrounding the possession order i have not done anything about getting business as a childmminder..

    thank you once again for any help/advice offered

  7. Hi,

    hope you don't me butting in...but it does seem that there are a few of us currently going through the same thing...at my hearing last week i did state to judge that i have made many efforts and also asked the mortgage company to add remaining arrears to the mortgage term...

     

    The judge simply replied that 'the mortgage company are not obliged to accept' - after this he granted the possession order...

    pity i did not know of this forum prior to May 14th!!

  8. Hi,

    hope you don't me butting in...but it does seem that there are a few of us currently going through the same thing...at my hearing last week i did state to judge that i have made many efforts and also asked the mortgage company to add remaining arrears to the mortgage term...

     

    The judge simply replied that 'the mortgage company are not obliged to accept' - after this he granted the possession order...

    pity i did not know of this forum prior to May 14th!!

  9. many thanks--- to answer the questions:

     

    I am 100% cofident that if i was allowed to pay off arrers over the next 12-18 months then i could do this----in the meantime it is my plan to sell the house anyway in order to reduce my monthly outgoings...my income is not regular, however i do now have help

    But yes, i can over the next 12-18 months not only clear the arrears ( as also receiving help from family etc) but also oay the mortgage as /when due

  10. sorry to post again...but having gone through the previous posts i find that i have not answered a few of the contributors questions:

     

    • I live in Leicester area- any sort of help at any future hearing would be appreciated

    • i do not have details of the Norgon case
    • the solicitors for the bank practically said nothing at the hearing apart from confirming the true arrears to date( £3950)
    • my mortgage was a self-cert mortgage taken when i used to have a good business
    • since 14th May( repo order) i have contacted both the solicitors ( firm called EVERSHEDS) and Birmingham midshires----NO response yet

    • i check every day and so far there is nothing on PCOL

    • I have no idea at all why the judge did not even consider the repayment proposal --- all the facts are exactly as i have statedto give you guys a true picture

    Thanks again

  11. many thanks ofr the constant advice---I am awaiting the eviction order( should come this week) and then complete the N244...

    However- it is still worrying that the 'lender can still ask for possession even though the arrears are being dealt with...

    I'll certainly follow all advice here but still worried that even after completing N244 , that for some reason the courts may still order me to get out....Really cannot underdstand why they would make someone homeless when they are willing/ doing best to quickly sort out arrears

     

    I am still worried that even after completing order N244 that this judge will again just simply grant possession and not even bother to consider my repayment proposal...I say this because the first time around( May 14th) he did not even discuss my repayment proposal!!

     

    Any continual advice is gratefully received

    thanks

  12. Hi Ell-enn & Bona,

    I certainly take on board to leave it a few days and try not to think about...but to be hones since may 14th all i do is think about the 28 days that the judge has given! I can't help it, sick with worry...

     

    The judge stated that i would receive the letter from court with the order and also a letter from bailiffs for eviction....do i wait for these first before we start to complete the other forms...

    also i'm afraid i'll definately need some sort of legal representaion/spokesperson etc for any future vists- as despite me telling judge everything about future prospectrs to paying of arrears gradually---i still obviously failed as he paid no attention

    Thanks again

  13. many thanks---

    sofas were bought from land of leather on the ' nothing to pay for 12 months'!! -( silly me)

    but the finanace was from a company called creative financial....

    i hear what you say but in years could this debt double or triple....its already far higher than it should be due to all their costs & charges...

    for some reason they are not responding to any of my letters

  14. Hi Again,

    Hope this section is the right one to post in---I only discovered this site 3 days ago....pity i did not know of it sooner!!

    Apart from the constant supposr available on here the one thing i have learned is not to hide away from debt( which i'd been doing since collapse of my business in Nov 2007)- reading this forum i now want to confront these people and ask them to firstly justify the massive amounts they have been trying to claim & also i have noticed that each time they sell the debt onto someone else they add massive charges again....

    Anyway- could anyone point me in the right direction Re: Final Charging Orders:

    Land of Leather , as i'd defaulted upon a buy now and pay 12 months later...they have worked out that i owe £4689...this they have a ccj for and put a final charging order on my house....

    i have heard nothing from them whatsoever, i have sent letters, faxes, emails -so that i can start a repayment proposal---they have not replied once....

    i only wanted to start a repaymen proposal as i also think they are adding dailiy interst on to thsi credit agreement, in which case if i ignored it until i sold house then the interest could also be massive..

    please can anyone advise what i can do to get them to respond

    thank you

    PS/ I hoe you guys don't mind in me asking sevarl bits of advice---it's just that i have now realised that it's best to deal with these people now...Although my main aim over next 24 days is to avois eviction on a possession order-- help for this is already being kindly provided on this forum

  15. thats great news--- i am reading with interest regarding bank charges, unfair fees, removal of defaults etc---

    could some one re-direct me to the correct section of website for standard request of information letters & procedures for debt, judgements, defaults etc

     

    I have 2 defaults on my file and i have no idea who they are from. and 1 very large CCJ ( buisness debt- rent)-- but i only found this out by fluke and i certainly had no paperwork or responded to any summons.. all my problems have resulted from the failing of my business in NOV 2007..

     

    could someone also advise if this reclaiming of bank charges also applies to business accounts---if thats the case & i can win --then that alone could hopefully quickly pay off my mortgage arrears and prevent repossession

    thanks again

  16. Hi ,

    Only joned forum on Wednesday after a very bad reposession hearing...an excellent site with loads of info....

    My problems all started in Nov 2007 with a failed busiess...

    Can anyone advise-- iam now getting lots of debt collection letters with massive charges added onto them...a few have also resold the debt as i do not recognise the name..

     

    in the first instance what info can i request , something that they must deal with in a limited time

     

    with regards to my business bank ( hsbc) - have been charging me solidly for past 2 years---again -could you kindly advise who i write to ad what i have to ask for

    many thanks

  17. Many thanks for the constant advice.....

    Unfortunately took no help prior to filling in court forms but i did make a prepayment proposal...

    currently getting financial help from family/friends to make payments since the closure of my business...

    since the original court repo letter the arrears stood at £5035( march 26th)- they are currently £3950-

    next mortgage payment is due end of May-- and will be paying an additional £500 onto of the mortgage amount..

     

    Ideally- i would like all arrers to be added on to the mortgage over the next 12-18 months....but would the judge accept this ?? since the original court letter--the MARCH & APRIL payments all made fully with additional small top up payments...

    Although i have only 26 days left --the earliest that i can next make the additional top up payment of £500 is June 6th---

    However- due too financial help the principal mortgage amount will as usual be paid on time

     

    also- in light of what happened on Wednesday--- at any future hearing i will need someone to act on my behalf and talk to the judge as this week i was made to feen totally low...something that i had not expected as i fully expected a suspended possession order...he also said the the mortgage company were acting wthin their rights not to accept arrears payments to be added to the mortgage term--perhaps he is right , but i have no idea why the mortage company would not help in this...

    so could you also advise how i may get legal representaion---my own income is probably well below the threshold so would i qualify for legal aid??

    Thank you yet again

  18. Hi Ell-enn & Bona,

     

    I have dowloade the form suggested n244....

    mortgage is with birmingham midshires

    arrears = 3950

    the judge was fully aware i have 2 children and also that family helping out with arrears & mortgage payment- for past 3 months mortgage has been paid in full and a little also for the arrears-- howvere- i also want to sell house so that am not reliant upon continuous help from friends....

    i have requested many times for the mortgage company to add arrears onto the the mortgage term...but they have refused from day 1 --

     

    with help i can pay all arrears back between 6-8 months...hopefully i would have sold house by then anyway

     

    with all of the above i am still stunned/in shock at the judges order on wednesday---the 28 days given has now gone down to 26....i can't concentrate on anything at the moment and all i can think about is the 26 days and losing my home despite making all efforts to pay back all arrears

     

    Any help greatly appreciated

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