Thanks. Can you kindly outline the response I should send them. from your responses I can see you have good knowledge in this area. How can I say for sure that they 'failed to register for the enforcement of parking under its certificate Z5674504 with the Information Commissioners office'. They say they can send me a copy of warant if I make a request and there will be a charge for this. I would really appreciate if you can send me template of exactly how should I response. Many thanks.

Attached is the response. kgxxxx_name.doc

UPDATE After a long wait finally I received the attached reply from westminster council. In breif, they claim: *It was legal for council to pass my details to bailiffs and share with police. There was no violation of data protection act. *It was legal for Bailiffs to charge £697 for single PCN. They claim bailiffs visited my house 4 times. This is completely false statement. Still no copy of warrants. I have been advised that if I need to see a copy I have to make a request and there may be a charge for this. I am absolutely disppointed with this response. Can someone here please read the attached response and give me expert advise? I can say for sure no bailiffs ever visited my house. My car was always parked outside. If they ever visited they could have clamped my car. My wife was at home all the times. They never left any letter or tried to contact us. Please advise. Thanks.

Despite Kevin Goad's reply on 30th March assuring that tey will look into this as a matter of urgency and come back with a response with in next 10 days, still no response from westminster council or bailiffs. I emailed Kevin again yesterday for the update but received the auto reply that he is out of office till Monday 19th Appril. What you guys suggest? If they had the warrant and acted legally they should have responded by now. Failing to response means there is something wrong? They didn't follow the precedures legally specially passing my details to police? Any chance I can claim back the money I paid to bailiffs? I am really struggling with my finances, facing chances of my house being repossessed. Instead of paying £697 for parking I should be paying this towards the mortgage arrears.

Hi Ell-en, Sorry for the delay in getting back with the budget sheet. Attached is the budget sheet. Can you please have a look. As I mentioned court's order is to pay £100 towards the arrears plus normal monthly payment of £2200. I am struggling to maintain normal monthly payment due to temporary loss of income. I want the court to ask lender to either accept me on HMS scheme considering temporary loss of income as well as very high interest rate, monthly payment will come down once I come out of HMS scheme dur to coing out of fixed rate deal next year. If they don't accept me on HMS then consider allowing me lower monthly payment. I am worried about what are the chances that seeing my budget sheet and considering N244 court will decide that I can't afford this mortgage. Instead of asking lender to consider my case they grant the eviction order? Budget%20Sheet(1).xls

Thanks sillygirl. Your prompt help is much appreciated.

Thanks Ell-enn. Original suspended order was for the normal monthly payment of £2200 plus £100 extra each month towards the arrears. I paid according the court order in the first month. Since then I have been paying lower amount but with lender's agreement. I am proposing to pay £1700 per month for next few months until I find a job/work paying as much as I was earning before the problem started. Lender(BM) is not willing to accept this proposal. I did't receive anything in writing from them. All the communication has been over the phone. Their concern is that they can't allow the arrears to increase anymore. They are quoting the arrears are currently at £23000. I am surprised with this figure. Wehn asked them if this includes charges and any other fees they said no. its only the arrears. I don't believe this as this is like I didn't make any payment for at least 10 months. Except 2/3 months, I have been making regular payments of at least £1065. When I asked for the arrears statement this morning, the lady on the phone said this is time consuming and I have to pay £15 to get the statement. I am not convinced £23000 arrears are just the payment arrears. In N244 I also wnat to request the court to ask lender to reconsider my HMS application previously rejected. Consulatant from Shelter UK advised me to make this request as based on the information i supplied he clearly sees I am eligible. Lender's reasoning for rejection is that if approved, once i am out of the scheme I will need to earn £99000 a year to pay normal monthly payments and clear arresrs. They didn't take into account that once I am out of scheme I will be out of fixed rate. My normal monthly payment will come down from £2200 to £1000/£1100 per month. Lady from BM this monrning asked me to consider the option selling my house. I dont want to do that as I am sure as soon as I get a better job I will be out of this problem. Its just the timing with current job market. I will complete the income and expenditure sheet and send to you. Many thanks for looking in to this. Without you I dont think I have any hope.

Can anyone please help me with N244? I have no idea how to fill this form. Had phone call from lender again. They are pressing me to start paying normal monthly payments starting from next month. The lady I just spoke to from BM told me that I should look into putting my property up in the market for sale. I don't want to loose my home. I have been advised by shelter to fill N244 to request court to reconsider original payment order as well as put in the form for court to ask lender to reconsider perviously declined HMS application. I know Ell-en is very good in helping with N244. How can I contact her? Is here anyone else who has experience with N244? Thanks.

Hi, Please help me with this. I really need help with filling in the N244 Form. I am running out of time. I would like to send the N244 before lender apply for bailiffs warrants. PLEASE HELP.... Before I submit N244, I would like to keep lender on hold so they don't apply for bailiffs warrants. As Sillygirl1 suggested, instead of calling them, I should write to them. Can you please help me with the letter I need to send to the lender for a proposal of lower payments and my intention of filling N244. I discussed with consultant at shelter and he suggested there is no harm in disclosing to lender about my intentions to apply to court for change in court's order. what you guys suggest? I have never been in this situation so no idea how to approach lender with proposal. Please help with the letter. Thanks.

This is just to update, I haven't heard anything from Kevin Goad yet. No reply from Philips either.

Thanks guys for all your help so far. Sorry for the delay in getting back to you. Been busy with my sister admitted to hospital. She had a surgery this morning. Ell-en, as you suggested, I contacted the Shelter England today. I spoke to a consultant and explained my sistuation including my HMS application rejection by lender. Consulatant has advised me to: read PRE-ACTION PROTOCOL FOR POSSESSION CLAIMS to make sure lender has followed the protocols while deciding the HMS application and demanding to resume normal monthly payments. suggested me to contact Brent community law center to get advise. He also suggested that once I have read the above mentioned document, I should fill the N244 and ask the court to change the original payment plan. He suggested that I seem to meet the requirements of HMS scheme. I should point this out in N244 and request the judge to ask lender to reconsider my HMS application. Not sure how to fill this form. Can you please help?

Thanks Ell-enn. I suppose they will be closed for easter. Will contact them on Tuesday. Do you suggest to contact lender regarding lower payments? I am thinking if I dont contact them they will instruct bailiffs. Although so far all the reduced apyments were made with agreement they are still intending to instruct bailiffs. My next payment due date is 27 April but currently there is no agreement in place regarding how much I am going to pay. They said they will hold my account for 7 days to come with payment proposal including proofs. Thanks.

Thanks again. For HMS application, I was told to get advise from consumer credit counselling service. Lender asked me to get letter from CCCS to confirm I have received advise from them. CCCS also did income and expenditure to establish what I can afford. Lender also asked me to send them my proof of earnings from previous job to show that I was actually earning much higher before situation changed. They declined my application on the basis that although I am on temporory low income but if they approve me on the scheme, once I come out of the scheme after 2 years I will not be earning enough to pay normal monthly payments plus arrears. This is false though, by the time I come out of the scehme, I will be out of the fixed rate deal and my monthly installments will be much lower than what it is currently. I wish if they can approve me on this scheme. The interest rate I am paying at the moment is very high at 7.6% roughly.

I feel they can repossess my home because I am not paying what court ordered to pay. I am stressed out and very worried about the situation. I don't have anywhere to go if my home is repossessed.

They are threatening me that they are going to instruct bailiffs for repossession if I dont start paying what was agreed in the court or send them proof for the proposal that I will be able to commit on lower payment. They said once they receive the proof they can consider it.

Thanks for your reply. Actually I am paying less than what court ordered to pay. Court ordered to pay £2200 each month. After court's order, I made one payment of £2200 but being on low salary, with lenders agreement, I started paying £1050 each month while lender was processing my HMS application. After court's order all reduced payments were in agreement with lender and I didn't miss any payment. Now HMS application has been refused, lendere is asking to resume full payment according the court order. I am trying to convince lender to accept reduced payments as I can't afford £2200 until I find a job paying as much as I was earning before. At the same time I dont want to loose my home.

Can anyone please advise? I contacted the lender agian regarding reduced payment of £1700 for next few months. They are asking me for documentry proof. I can send my payslips from main job but no proof for additional income. My borther and sister agreed to help me to pay extra so that I can afford £1700 for next few months. Can anyone advice how to deal with this situation? I dont wnat to sale my home as this is only short term problem till I am in fixed rate deal. I will be out of fixed rate deal next year. Then I will be able to afford normal monthly payments even at current salary.

UPDATE Here is the reply I have received from Kevin Goad:

Update This is just an update. As I haven't received any response from the council or bailiffs, I have just sent email to kgoad@westminster.gov.uk and mmore@westminster.gov.uk demanding the full investigation. I have also CCd admin@philips.org.uk. Thanks to all of you for your great help. Much appreciated.

My home is martgaged with Birmingham Midshires. I took this mortgage in May 2008 at a very high interest of 7.5%. I was on good salary to pay monthly mortgage payments of £2200. As soon as I took the mortgage I lost my job. I managed to find another job but even that was lost in December 2008. Because of this I went into arrears on my mortgage payments. I managed to get another job soon after but not earning as much as I was earning before. My net income now is £2500. Being on arrears, in July 2009 BM took me to the court for repossesion. Court issued the suspended reposession order. I was ordered to pay normal monthly payment plus £100 towards arrears. I accepted the judgement as I was saved from immediate eviction. In August 2009, I made the first payment according to the court order. I contacted consmer credit counselling services. They advised me to apply for homeowner mortgage support scheme through my lender. Having gone through income and expenditurre and several lengthy phone calls, BM agreed to put my application for this scheme. Seeing my income and expenditure, BM adviseed that £1065 is the amount I can afford to pay till HMS application is decided. I provided them all my previous payslips to prove that how much I was earning before and tat this is the temporary loss of income. I assured them I am looking for better job to earn a much as I was earning before. In the last week of January 2010, I was told by BM that my HMS application has been declined on the basis that if approved on the scheme my arrears will continue to grow and after 2 years when I come out of the scheme, I will not be earning well enough to maintian the normal monthly payment plus clear the arrears. I tried to assure them that currently I am on fixed rate mortgage which is on very high interest. Next year in May 2011 I will come out of the fixed rate deal. My mortgage will come down significantly and I wil be able to pay monthly payment plus arrears. BM agreed that my mortgage payments will come down once I come out of the fixed rate deal next year BUT as my application has been rejected they can't help me much. I explained to them that I was waiting for the HMS application decision and was quite hopeful it will be approved. Now I need time to sort out my finances. I have been in touch with them since then. With agreement I paid them £1065 in February and March. As my arrears continually grew while HMS application was in proces, total arrears on the mortgage accrding to BM is £24000. I know its very high!!! I am sure this includes charges as I have been paying atleast something every month so it can't be so high. I dont want to loose home as hopefully when I am out of this fixed term deal my mortgage payment will go down and I will be able to resume monthly payments and pay extra for arrears. I am not in the position to start paying £2200 from next month. I discussed this with their collections department and was told that BM can't let arrears to increase on this level and I must start payming full monthly payments or at least 80% of the normal monthly payment. That is around £1700. Last week Friday I paid £1450 for the month of April. They took this payment and told me to call again Monday to update the income and expenditure and come to an agreement for futurer apyments else they will instruct bailiffs. I called them this morning. The lady who took my call was not very helpful compared to other who I have spoken so far. They all have been very helpful. This lady on the phone told me that going forward I must pay full monthly payment of £2200 otherwise bailiffs will be instructed. I am not sure what this means?? What I understand is they going to instruct bailiffs to repossess my home. I tried to explain to her that in the last 2 months I hav managed to increase my income by £400 and thats why I paid £1450 this month. I am hoping to get some more freelance work and propose to pay £1700 for next few months. During this time I will try to increase my income and come to paying normal monthly payments. she didn't accept the proposal and told me to start paying normal payments or my house will be repossessed. When I mentioned I was told by her colleague that I must pay at least 80% of the monthly payment, she didn't agree on this saying I have spoken to my line manager and we dont accept this proposal unless I have some proof how my income is going to be increased. I dont have any proof as I will be doing freelance work for friends and family. She said a letter from them will not be acceptable. it must be a legal contract. I dontt hink this will be possible for extra income. I am very much worried now. I need time to be able to get back to normal monthly payments. I dont want to loose this house as next year I will come out of this high interest rate fixed deal. Please advise me how can I convince them to agree on my proposal? Can they repossess my home without another court order? Please help........

Hi, Can you please forward me their email addresses?

Many thanks. I will contact him. May I ask where you got this email address? You know his/her name? Thanks.

Thanks. I will keep pressing them for this. Any suggestion what should be my next move if they fail to produce this by next week? I dont think I will be able to hire a solicitor for this purpose.

Thanks. I have already asked them many times to send me the copy but nothing from them yet. May be becasue I have already paid them the full amount they think I can't do anything now.

UPDATE As I didn't get any response back from Westminster council and Philips, I sent them another email yesterday to get the progress. Here is what I have received from the council. Not very helpful. I was expecting at least some explaination in writing but now it seems I have to speak to them over the phone.