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About Racheltigerpaws

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  1. No not as yet - I need to see what happens on Monday first - their solicitor has said Mondays hearing is to consider their clients request for a warrant of possession - upon the outcome of the hearing an eviction date may be set - I am so sorry but I can't think about anything else till I get the hearing over with - its on my mind constantly
  2. no they did apply to the court some time last year to transfer to them and their solicitor
  3. Its a different lender from the original possession hearing and a different one from when they tried to evict in 2014 - loan keeps getting passed on - these have only had it since December 2015 - arrears stood at £2321 when they took it on and by time I go to court on 22nd May they will be at £1370
  4. Sorry Ell-enn you are coming across clearly - I guess my confusion is coming from the fact that both the lender and the solicitor are intimating that eviction is imminent - from what you are saying they have to have permission as the original is over six years old and that is what the hearing is for - I assume this will be granted as although the amount of arrears is reducing I have missed payments and once granted then they will go for eviction. I have been advised in the hearing letter that I should attend and I will but I sense that I won't have to say anything as I'm not really defending anything ? is that about right ?
  5. Ok it just seemed to me from the first court letter that they had been granted permission to enforce possession and that the next step was an eviction notice - it also seemed that was what was happening when I received their solicitors letter of 21st April - i was confused as to why there would be a hearing - I was expecting a straight out eviction notice
  6. Ok - I am still a little confused - the original possession order was dated 15th March 2011 and so letter from their solicitor stated they were asking for permission to enforce the possession order due to the fact that it was over six years old. Had a letter from the court dated 4th April 2017 1 in accordance with CPR 83.2.3(a) the Claimant has permission to enforce the possession order dated 15th March 2011 and be at liberty to issue a warrant of possession. 2 The possession order dated 15th March 2011 remains enforceable without the need for further leave or order of the Court for a period of 6 years from the date of this Order 3 The Order dated 21st March 2017 be set aside. I then received a letter from their solicitor saying we have received our clients instructions to issue a warrant of possession . This means the Court will now allocate a date on which the bailiff will attend the property (letter dated 21st April 2017). Then I have received this letter this letter saying that the application is listed for hearing.
  7. Am really worried now - was expecting a warrant for eviction which i could defend but have now received from the court a letter saying that the claimants application for permission to issue a warrant for possession of land be listed for hearing - I know i will have to attend but how do i defend this ? Am confused as to what is happening - fully expected to receive eviction notice and to defend it but have received notice of hearing but with no forms to defend it . Lender had to request permission to enforce as original possession order was over 6 years old but am now worried I won't have a chance to have my say and lender will be granted outright possession. It is a secured loan with over seven years left to run - arrears currently at £1470 with £100 off arrears due to be paid on 11th May and contractual monthly payment due by 1st June - will be paid on 26th May - hearing is set for 22nd May. Any thoughts anyone ?
  8. I know what to do when it comes to N244 just don't know whether to make some sort of a complaint
  9. To be honest I was waiting for them to make their next move - now they have I will get on to it asap. I just can't believe they lied about repossession proceedings being started when they haven't until now and that they are saying arrears are increasing when they're reducing . Surely telling me eviction proceedings were happening earlier than they were is against FCA guidelines (was looking at Conc 7.3.18). There is 7 and a half years left to run on loan so based on Norgan I would need to pay round about £16.50 per month towards arrears to clear them within the life of the loan yet they refuse £100pm towards the arrears which would clear it in 15 months .
  10. Have now received information from lender and solicitor that eviction proceedings will commence - according to the lender because arrears continue to rise even though last two months have been on time and arrears have reduced by £200. I have no problem completing N244 when eviction papers arrive my dilemma is in their letter of 13th March they stated eviction proceedings had begun when clearly they haven't commenced till now. Do I make a complaint to FCA or do I complain to their solicitor ? I don't want to give them too much ammunition that I could use in court.
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