Question re charges, since they obtained the suspended order they have tried 4 times to enforce the eviction but on each time have withdrawn by cancelling the bailiffs visit as I have either paid the o/s amount or they have realised their accounting isn't quite up to speed. Each time I get a £350 charge from their solicitors which isn't a bad little earner for basically doing nothing other than write to the court. Is ther an argument I can use to try and get these charges back ?

Well they have cancelled the bailliff visit, but it took a few emails, the impression I now get is that the solicitors are happy to go ahead with most things based on totally wrong and misleading information from their clients. In the end I dealt directly with the solicitors quoting many things I had read on this wonderful site (thanks Ellen) and it really left them with a very weak argument. On the other hand JPM at some stage I feel have a great number of questions to be answered about the way they bully and wrongly administer customer accounts. They now want the full balance of the arrears, £85, paying within 10 days or it will all start again. Unbelievable !

Thanks, I fired off an email direct to their solictors yesterday pointing out everything you have said, just waiting a reply now fingers crossed. We really need to rid ourselves of this order, this is the 3rd time they have reached for the trigger in the last 3 years and on each occasion they have withdrawn days before the bailiffs arrived. These have all been down to the Mortgage companies very slow proceedures in dealing with payments and there over keen attitude to repossesion. As we have now all but cleared the arrears I cant quite understand their attitude, unless of course they want all their money back now !

Hi Ellen, yes we had a visit on Monday informing us that the date was to be the 29th Sept.

Thanks Ellen as wonderful as ever, yes we will be able to pay around £200 as I get paid on the 23rd however the eviction date is the 29th so it will be cutting things fine. Cant believe they still want us out we have paid back in excess of £6000 over 3yrs and when we see the light it all comes crashing down again. We try and be positive but sometimes the little things just get you down. If we apply to the court now then obviously I will need to prove we have paid, we have online banking which only goes back 30 days and the mortgage company are being a bit unhelpful with supplying the statements etc. Is there a better way as I am keen to get rid of this order as soon as possible.

Can someone please advise me, as stated we have a suspended order which was finally paid up in July, I have written to JP Morgan asking for confirmation but am still waiting. To our horror on Monday I received notification that they intended to enforce the eviction as we had failed to maintain the agreement, it appears we underpaid the mortgage, not the arrears, back in May and now owe another £300. Can they seek possesion on what they deem to be recent arrears, or does the order only apply to the original amount. I note also in their letters that so far they have charged us £2080 in legal fees, is there anything we can do to get some of this back.

Yes that's my point I have received nothing from court, can it be registered without going to court maybe. I own my house but the amount is less than £800 so would that make a difference

No nothing agreed and the matter still hasn't even been to court or papers issued so you may be right they could be aslking me to agree to something before they proceed to court.

Any advice please?

Thanks for reply, but should I have least not had notification from the court of the hearing or result ?

Had a letter this morning from Bryan Carter & Co saying that there is a ccj registerd against me for £687 owed to Natwest. It goes on to say that the ccj was obtained on the 19/10/09. At first I thought this was a mistake but I have done some digging and recall recieving a CC Claim just after that date, when I check on MCOL it states that A claim was issued against you on 19/10/2009 Your acknowledgment of service was submitted on 08/11/2009 at 12:12:00 Your acknowledgment of service was received on 09/11/2009 Your defence was submitted on 10/11/2009 at 19:21:00 Your defence was received on 11/11/2009 On checking dates it seemed I was a few days late with the initial acknowledgement, and recall this was because we came back from hols on the 7th Nov so hadn't been aware of the dates. I have to accept this was a mistake on my part albeit not deliberate but the defence was reg well before the 28 days. I have been through all my desk drawers and can find nothing from the courts to say the CCJ was made and in fact had forgotten all about this thinking the defence had been enough to end the matter. I have checked with Experian and lo and behold it is on there as well !. Is there anything I can do about this. perhaps apply for set aside or should I take the punishment and go cap in hand to Carters.

Hi all, I have received a Tomlin order offer in respect of court proceedings by Link on behalf of MBNA, the case has not yet been alloctaed and I have sent a CPR 31.14 request. In fairness I thinkI will end up having to pay having read the recent stories from the CC Judges etc. My question is should I attempt to recalim any excessive charges on the account, if so would this delay the court proceedings. Or should I accept the Tomlin Order but ask for a reduced monthly amount. Debt is for £4322 on a credit card taken out October 2008. Thanks.

Thanks for the advice, I will submit the N244 asap, can anyone tell me how much it will cost ?

Came home yesterday lunchtime to find a notice from the court had been left saying that we had to be out by the 6th January 2011, if this has happened to anyone else then I truly understand how desperate you feel it is the most undignified and clinical thing anyone can do particularly at this time of year. After the panic about where will we go and what could we do etc I emailed the solicitors representing the mortgage company. This was despite us pointing out to the JP Morgan that the payments where up to date, and having no response from them whatsoever to acknowledge the facts. The response just shows the utter contempt and total lack of reality these people have for us struggling to survive, they simply said that they would "contact the court and cancel the order", that was it no explanation no apology, nothing. They seem quite content to have us in floods of tears and walking around in a complete state of panic. So we are safe for now, but I am wondering what their next nugget will be.

Thanks to both of you, I have been afraid to come back on unless the advice was bad news. I have emailed them today with the explanation just hope they see sense. Our lenders are JP Morgan who have been very hard to deal with in the past.

We have a suspended possesion order issued in Sept 2009 hanging over our property, at the time of the hearing the Judge was great and agreed to let us pay the amount owed over a 2 year period. The payments go out 15th on the order and usual mortgage payment on the 25th. There have been no problems and all payments have been made. This morning we received a 3 line letter from the mortgage companies solicitors saying that as we had failed to adhere to the order they are applying for a warrant of possesion. This has completely floored us and many tears where shed. Once we had got ourselves together I checked the online bank account, we have a seperate account for this payment and dont get paper statements. The payment for 25th October is still in the account and therefore the standing order didin;t operate. The bank where their usual helpful selves and couldn't explain why the payment hadn't gone out other than a "software glitch". I have therefore made the payment now which brings the agreement up to date. We have had no notification from mortgage company nor bank to say this payment wasn't sent. Can anyone please advise us what to do, will we be homeless for christmas? Please please help.