Showing results for tags 'possession'.
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Hi All, I have recently (in the last two days) been subject to a second hearing for possession of my home by Swift Advances. We've had two hearings. First hearing the CC judge ordered that we investigate the excessive interest on our account and get clear explanation from Swift as to why they have charged an account management fee every month since the year 2007 to date--totalling £5267.00. We investigated to the best of our affordability to no avail. However, Swift advances made a statement over the phone to me (i quote) "We at Swift will never charge you a fee as long as you make a payment on the account" this obviously is not the case. The judge at this first hearing was utterly confused how a £31000 loan can now be worth £52000 even after paying monthly for the best part of the last 10 years. She challenged Swift's Solicitor asking him how they can justify a loan that can never be paid back within the remaining terms...he had no comment. Hence her adjourning the case for 30 days to allow us to investigate. Second hearing the judge still not satisfied with our investigation into the charges and the lack of knowledge of the charges from Swifts solicitor...has DENIED their possession order against us. Stating it was unfair on their part. We have now contacted the FOS with the case and are seeking further legal advice to hopefully get all the charges rescinded. You never know they may even force the close of the loan due to swift advances treating us unfairly in accordance with COBS. Watch this space!!!!!!!!!
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Just looking for some advice, recently I asked my work coach at my Job Centre if the worst comes and I do face a sanction in the future while I am on Universal Credit, will my housing element be affected as well, and he said yes, is this true? I thought housing element won't be affected while on a sanction, or his he wrong? I just hope I don't end up on UC for too long, I am aiming to get into work ASAP.
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Hi, I currently am in breach of a suspended possession order dating back to the 4th of september 2015. An order was made that i had to pay an extra £1000 on top of my normal payment of £650 per month in order to pay off the arrears of £6000... at the time i was lead to believe that i had to accept this or the judge would def evict us in desperation agreed...i know now that was a mistake. I actually did manage to just about get the arrears under control by selling most of the contents of my house and stopped all building works. ..which was what put me in arrears in the first place (old house with loads more problems than originally quoted for). I have approx £175,000 equity in the property and the mortgage was for 50% of the purchase price. I currently have arrears of £5208 and my monthly payment is £670... i have offered to pay £250 a month which they have refused to accept though i have been doing this each week. I have 254 months left to pay on the mortgage which if im right would equate on the norgan rule? to be £20 extra per month? Today i have received a letter stating if i dont pay the arrears in full within 7 days they will be applying for a warrant of possession. ..please someone give me some advice.. , would the judge take into account the 1000's and 1000's i have spent renovating this house and give me abit of slack. ..feel desperate and like ive let my family down just as things should be getting better!
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Hiya all, Need some help for my brother ( as people were very helpful before ) My brother has a rental contract that ends on July 2nd, he has signed a contract for a new house which he is due to move in on September 1st- it is cheaper- he has two children a one year old and a three year old. He has rental arrears of £2250 but has put a plan to the LL which would see these gone by September 1st when he moves. This was rejected by the LL and the last correspondence was that he had said he would try and see if he could get the September date earlier, he has just returned to full time work following suffering severe depression following an attack on him ( that has been investigated by Police so has a ref ) I am of course worried about him from a mental state point of view Yesterday he received a possession court date for July 20th ( request made on June 1st ) I am going to offer my help in his defense but have a few quick questions now ( as unsure ): - Can a possession movement be made when he had a letter from LL stating for him to move on July 1st ( dated 05/06 so after the possession order application was made )and we are not at that date yet? He has not refused to move as the date has not been reached - Is it likely he will be made homeless bearing in mind he will be moving out by September 1st and the rent arrears will be paid by then? - The LL did not protect his deposit on time and lied in writing to him he had before admitting he did it 200 days later than he stated, is it worth putting in a letter now asking for the deposit ( in full ) + compensation is taken off the arrears owed? Is there a template letter for this? Many thanks
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Dear all I would be very grateful for any help with my situation. I had a SPO following mortgage arrears (£3600) in 2008. Since then I have been making my contractual payments but had missed payments on three occasions from unexpected expenses resulting from direct debits being returned unpaid. I was in a particularly bad financial condition in the last 6 months following an elderly family member falling unwell while abroad. The mortgage arrears accrued to £3400 again and the mortgage company ( a subprime lender) has now applied to the court for a warrant for possession. I panicked and raised money from friends and family to clear off the arrears, but the lender is refusing to accept any payments and instead insists that I send them last three months of bank statements before they would decided whether to accept the payments or not. They insist that until I serve them the bank statements, they can't do anything about the eviction and says an eviction date will be issued in due course. They also made me complete an income and expenditure with them over the phone. I am very reluctant to send in bank statements, since with the financial difficulties over the last three months, I have resorted to payday loans (cleared) and I am very worried this will again jeopardize the situation. I am otherwise in a stable job and would be able to afford my contractual payments going forward. I have raised the money and want to clear the arrears but I am left in this dire situation. With family and young children, it looks as if my fate is sealed. May be someone else on this forum would have had a similar situation and I am sincerely hoping for some advice and help. Apologies for the long post.
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I recently fell behind with some rent payments, which I'm now paying back. My Landlord issued a claim for possession through the courts and the hearing date is in April, however, today I received a form 6a from the Landlord and I'm really confused! Does this go hand in hand with the Court hearing? It appears tactics have changed. How do I stand with a 6a as it states 'no fault possession. The Court claim says it's due to rent arrears. Please could anyone shed some light on it for me?
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Hi I have received a letter re: possession order from Drydensfairfax today (not unexpected) for arrears of £3258. The letter states that the order will become enforceable on 9/10/17 and that a money judgement for £92982 was also obtained. The letter asks that I clear the arrears in full prior to this date . If I am unable to clear the arrears, to forward proposals for clearance of the same within the next 7 days. (I have no way of clearing these arrears). Once the enforcement date had expired they will apply to the court for the issue of a Warrant of Possession. The only way that action will be cancelled is on clearance of the arrears in full. Should it be necessary to apply for enforcement, you will be notified of the time and date of eviction direct from the court. what happens next and what can I do to stop this. Mortgage payments £550, have recently been paying £600 with an additional £50 per week. I cant afford any more than this. Forgot to add that we have previously been in arrears, around 2 years ago, but borrowed money from family to clear it, which we are still paying back. Cant go down this route again
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If you are issued a section 21 notice, and there is no hearing, there is no way to contest costs. The judge has discretion to award costs or not. I was issued a section 21 because I would not accept a rent increase. No other issues with the tenancy. Costs were awarded. Whether a section 21 is issued or not is completely at the landlords discretion. Then forcing a tenant who is otherwise not in breach of the tenancy to bear that cost seems to be a violation of the consumer contracts act, 2015. I want to take that to small claims. Do I have a case? As I understand it, small claims will be loath to overturn costs orders, but section 21 is an "administrative procedure". Perhaps the costs are "administrative" also, and not strictly awarded court costs?
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I currently have been served a Notice Seeking Possession by my HA as i have rent arrears, I have a full/assured tenancy and to cut a long story short i did have over 7k worth of priority debt in the form of Council Tax Arrears, Rent Arrears and Overpayment Arrears (which at the time i knew nothing about, which the council verbally admitted but not in writing) anway, i have been served a NSP every year for the last 3 years, but it has never been actioned as i have always paid something each week to clear the arrears. My current NSP expires at the end of February and i am due to clear all arrears by the end of May, so i will be served another NSP, My question is, once the arrears are clear (in May) does the NSP become invalid and if i was ever to slip in to arrears again they would need to issue a new one, or does it stay live and active until February 2017 even though the arrears will be clear in May 2016 Thanks P.S as a side note, please everyone take priority debt seriously, 7k i was in, and finally, come May 2016 every single penny of that would have been paid back in full, I feel i have done well and can see a light at the end of that dark long tunnel.
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Hello all. Pls i need help with an order for possession made against me by landlord. I have been messed about and it seems to me like i have been tricked into not responding to earlier claim for repossession of a flat i rent i have been renting this property for about 3yrs sometime last year i fell into a little arrear of less then a third of the monthly rent. i was immediately served a notice for repossession claim from the court issued by the landlord whom i've never met or spoken to in all my stay. I spoke to the managing agent about the claim and was assured that once i clear the arrears the claim will not be pursued further which i did. i have never held against given up possession of the property all i asked is to be given adequate notice so as to find another accomodation especially as there are children involved. i started getting calls from other agents about availability to view the property which i asked that any access to the property must be through the agent i got the flat through. i got even more calls from Auction house about public veiwing for the property which was a shock to me as the agents never told me about the house going on auction. tried as hard as i could to spk to the agents ,i could not get through to them. The next thing i knew was order for possession made by the court for me to give up possession by 7days. Eventually got through to agent at about the time i usually make monthly payments. When i asked about recent development all i got was apologies and that the owner have decided to sell. After highlighting the fact that i was never informed about selling and now have an order for possession expiring in 7days, the agents assures me there is an investor willing to purchase and keep me on as tenant. Only to now receive a second notice from court about the order for possession and on top of that to pay cost to claimant! what do i do? can i write to court about how i've been messed about? pls help as order expires today and from the erratic behaviour of claimant next step could be bailiffs!
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2K debt turned 30K by insolvency solicitors now threat of possession Hi, I desperately need some legal advice and I cannot afford a solicitor. A small debt has turned into a massive charge on my house by a firm of solicitors and they are trying to possess my house for what was a £2k debt but their turned it into £30k in less than a year. Both myself and my wife are mental health patients and have a child too. Scared to death we are. Please share or help directly if you can. We need a good lawyer to help us out of this nightmare... I can provide more details of course but here is in brief: - Lloyds tsb credit card debt more than 7 years old - my wife made bankrupt without us even knowing about any court - we are both mental health patients, severe anxiety and major depression, in 40s and active but anxiety blocks decision making and acting in time rather we suffer in silence and regret... - We have one child, - I've been told we can't get legal help in spite of not having a high income collectively ( - Insolvency sols have threatened to possess the house and it is just too much to bear, really... Any help or advice would be much appreciated.
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Hi, I was wondering if you could offer some advice around Excel parking and BW legal? On the 14/08/2015 I parked in Stockport Peal Center car park without a ticket as my youngest (4 years old) of three children needed the toilet ,i had no change and there was no pay by phone or card option. As i had all three children and the first toilet we tried was out of working order it took around 35 minutes between entering and leaving the car park. I received a penalty charge from excel, which i disputed due to the inflated charges (£1.30 for 3 hours to park), but offered £5 as a form of settlement. Excel refused this settlement and demanded full charge. I have ignored all communication since then which has included an number of communications from a debt collection agency with rising and falling offers. Excel have now passed the debt on to BW Legal that are threatening court and CCJ action if i dont pay the now £100 charge and £54 legal costs that have now been incurred. can you please advise how i should progress?
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My landlord has submitted a claim and now I have a form for defense. I have been abused by the landlord over 4 years and last year I finally managed to have the council serve a notice for repairs which were done in the worst manner possible. I know the following: 1. I was never given details of my tenancy deposit being protected until now where I have seen them for the first time 4 years on. 2. The name on the claim form for the landlord is the wrong surname 3. The council requires a landlord to have a licence prior to submitting a section 21 and this was not done. 4. The court application for possession was made prior to the end of the fixed term of the assured shorthold which is June 29th and this was submitted on 26th May. 5. The second landlord (as there are two), does not reside at the address stated on the claim form. There are two boxes for two people and the second one is blank. What about issuing a counter claim for breach of contract under the Housing Act and Landlord and Tenant act for failing to carry out repairs once being notified in reasonable time for a period for 4 years? When would one submit this claim as a counter or is that done as an entirely separate matter in the courts? Shall post in 2 seconds.. uploading now here are the claim form pages Will make into a PDF. two secs Ok attached attachment.pdf
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In 2010 I suffered some health problems. I'm self employed and as a result I fell behind with my mortgage payments. In October 2011 I had a had a possession order suspended. The judge ruled that the outstanding arrears should be spread over the remaining term of my mortgage. My payments and the extra arrears payments have been made on time every month since Oct 2011. I'm not one for credit but in January I was looking for a small loan to buy a car, I was declined and it was suggested that I check my Experian credit file. My credit file shows 4 late payments. I spoke with NRAM and made a complaint, my argument being that if the judge has ordered the arrears paid over the remaining term that should not be reflected on my credit file. Obviously, being NRAM they have refused to comply with my request. I have made a complaint to IOC as they are responsible for making sure the information on my credit file is accurate and fair. It would appear the ICO are stuck for an answer. They have told me that normally, if a lender decides to spread arrears over the remaining term of the mortgage, the payment history on the credit file should reflect this. The ICO say, as NRAM have been ordered by a judge to spread the arrears over the remaining term (in other words NRAM have not made the decision to do so), they are not sure if they can make them comply with this rule? The case handler at the ICO is not sure what to do? Can anyone please help me with an answer. My argument is that my credit file will be impaired for the remaining term of my mortgage which is 15 years. The ICO see this as a reasonable argument and agree it is unfair. My problem is the case handler has requested an answer from 'policy' so a positive decision remains in the balance. Surely there must be a legal president for this? Any help would be very much appreciated.
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Hi I am on grounds 10, 11 of my tenancy as i have dyspraxia and dyslexia. At times i have had irregular payments due to temporary jobs. I had a payment plan which is meant to be monthly but due to hardship i payed weekly including the arrears, but i asked if this was acceptable if not i would consider changing. they automatically applied for a suspended possession at court on the 21 April this year , are they in breach or wasting the court time or are they correct. I had told the reason I could not make full payments last month due to not receiving a full pay cheque and applied for housing benefit, also i have started a new job and i am in debt as well. Need help
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I'm really confused, my land lord decided to have his property back and served me the section 21 but I could find anywhere to go. so I seek advice on my local council and they advised me to stay in the property until the LL get a accelerated possession order from the court and after the bailiffs'. the council adviser told me if I leave before they will see my case as intentional homeless and they will not help me after that . I never missed one rent payment, so no arrears at all. the council adviser told me as well that the land lord has is paper work fine, so its certain the court will give him a possession order, in the mean time I will continue paying my rent as always. my questions are: if the land lord going to court and ask for accelerated possession order this will be register on my mane and will affect my credit report? is this type of order the same as civil judgment ? I intend to keep paying the rent and the court cost, but I really have no other way and I would like to keep my name without any ccj that could affect me in the future. any help will be much appreciated. thank you in advance.
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Hi Folks, (Sorry this is a bit long!) I have trawled through several of the Forum posts relating to Possession Orders on here and on other sites but our case seems to be different (The story of my life!) Our INTEREST ONLY Mortgage with GE Money expired in Jan 2012 with a balance outstanding of approx £62k which we were unable to pay. We have since made interest payments of over £15.5k at a rate of 8.44% which hasn't changed since 2009 although we are meant to be on a variable rate. There are no arrears and we have OVERPAID approx. £740-00 to date. We made a written offer to GEM to repay the outstanding balance over 5 years at their Base Rate of 4% but this was declined. We had a remortgage offer last year but this fell through as there are other charges on the property and we ran out of time to sort them out. We went to court in September armed with 11 pages of defence as GEM's solicitors had got most of the details wrong but the judge ignored this and said he had no option other than to issue a possession order as we were in default (Expiry Jan 2012). We have until Nov 25th and have been looking at all the options. These are: 1 Cash Sale (Approx 84% of value) 2 Auction Sale (Estimated 88% of value) 3 Remortgage at 2.5% over 11 years to cover outstanding Mortgage and Charges. (We are currently in a joint mortgage but would have to transfer ownership to my partner due to my age!) 4 Bridging Loan over 1 year whilst we sort out the charges with a view to putting the property up for sale. Everybody and his dog keeps telling me we haven't got much time! Been to CAB, 2 solicitors (£75 costs), about 20 websites, zillions of e-mails, etc! (Not much help really, especially the cAB and solicitors who seemed to tell me what I'd already told them!) The judge said we would have to have tangible evidence of either a sale or a remortgage going through - not sure if an offer document would be enough. By the way GEM's solicitors (Eversheds) sent us a wad of documents dated a week before the hearing but we received them at 10am the day of the hearing - which nearly made us late! GEM have since written to confirm they have a 'Absolute Possession Order' which becomes enforceable on 25th Nov 2014 and stating: "We are still, however, prepared to provide you with a further opportunity to repay the balance of your loan within a reasonable period of time". I phoned them and was advised to put in a better proposal, shorter than the 5 years that I had previously offered. (I have been advised that GEM send these letters out automatically just to comply with regulations) My questions are: 1 Can I appeal on the grounds that GEM's solicitors had most of the facts wrong in their application? 2 As the judge said we are in breach of our agreement should we have continued paying interest or can this be claimed as capital? 3 GEM took over our account from FN Finance/Abbey National - is this legit as other sites suggest an agreement isn't legal unless both parties have signed it (Or is that just in the USA)? 4 I have sent letters/e-mails/phone calls to the 5 parties with outstanding charges against our property, with a view to them accepting reduced settlements but have only received 1 reply to date! Would GEM or the court be liable to grant further time whilst these are sorted? 5 Does anyone know of a solicitor that can be relied upon to carry out the work in a short time? I think that covers about everything for now - I'll just add that I'm reluctant to pay out fees up front with no guarantees as most of our money is still going to GEM to repay interest.
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Hi I need some help. I am currently a secure council tenant with £950 arrears. My rent is currently £49 per week. I have a court date of Monday 17th November for missed payments on a suspended possession order from late last year. I need to know what amounts the arrears need to be at not to be evicted and get another suspended possession order. My arrears if I kept to payments would have been £227 by 17th November.
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Today my Landlord has taken possession of ground that I rent. All my equipment is still there. I am late with my rent - I pay six months in advance and I am a good few weeks late with my payment, but it was paid into their account yesterday. I have been to see them and they have said they still need to take possession, but will give me a decision on Monday as to if I can stay or not. My lease is a Fixed Term Farm Business Tenancy and it's for three years, I am a year into the lease. Please people, is there anything I can do if they turn round and say I cannot have possession back? Please don't read and run - I'm really upset and any kind of help or advice would be most welcome right now.
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LPA reciever 'given' possession to my lender!
karennol posted a topic in Mortgages and Secured Loans
Hi All, My property has been handed to an LPA reciever and I am a bit confused as I keep getting conflicting information from the lender and the reciever. They 'took it' last Wed. I still haven't had a written notice from either receiver or lender. The first I knew, I was contacted by my tenant who said someone had been round. The lender said that I had to pay all arears (£725) and 3 months in advance (£645) and fees (£1200) and ALL the charges ever placed on the mortgage (£3k+). They also kindly gave me 5 days to do so or the fees were going up another £800. They originally said that if I paid that, they would take it back. They have since said that if I pay that amount they will 'consider' taking it back. On Friday they said that I didn't need to pay it all in one go but the fees would go up. Today they have said it needs to be a lump sum. I can't pay it. They want 5K by tomorrow or goes up to 6K. They wont accept installments, just a lump sum. I have tried Stepchange, CAB, CLA and one more I can't remeber the name of! None of them have been able to help. I had to explain what an LPA reciever was to Stepchange. I am at a bit of a loss. Any help would be appreciated. Thanks K -
We received a section 21 (1) (b) from the agency managing our property. We are not challenging the eviction, however, we have noticed the property is now being advertised on renting websites before we have acknowledged the notice (verbally or written) and before we have vacated the property. We were under the impression that the landlord cannot legally relet the property for six months due to the way he has evicted us, is this correct? They are using the break clause in our 12 month contract which comes into force after 6 months (which has now passed).
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Hi, I hope everyones fine, Ge money are taking possession proceedings against me even though the amount of unfair charges are well in excess of current arrears. I am having some dispute over my charges with Ge money, I have opened a claim against Ge money and going to Wandsworth county court on the possession proceeding on the12th of September to address my concerns about the charges, and GE money's unfair treatment of consumers. I know most of the people here are having the same problem with Ge money's outrageous charges and behaviour I am going to fight this in court and plead that there charges are outrageously high, also they haven't provided me with a clear copy of agreement contract and it was with Cowen my original contract was with, not Ge money. So if any one has problems with Ge money you are more than welcome to contact me And we can raise your issues in these proceedings. the hearings on the 12th of September so we have very limited time so please contact me ASAP and I will put forward your concerns as well, the more we are the more standing we have against Ge money and for once we can stand up to their outrageous behaviour. If you are deciding to join my action please send me a email well in advance of 12th of September, as I am also a litigation paralegal, I could provide you with some advice or come on the day as I said the more the greater standing we have against Ge money.
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Hello, My landlord has informed me that Npower will be attending some time next week to fit a prepayment meter. However, where the current meter is, I have no access to. I live in a farmhouse ajacent to a farm and the meter is in a buildiing on the actual farm (which doesnt belong to me) which is on private ground an has a gate with a lock on it. How am I supposed to access it to put credit on it? Are they allowed to do this? Can I request that the meter be moved to the house? Thanks.
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Simple question. Will a current walking possession agreement technically be useless after the 6th of April. If a bailiff has to re-attend in the event of a default on an arrangement, can they use the walking possession from the old reg's to gain entry, or not? My view is no, as the old reg's will be null & void, but I can't find the answer to my question in the new reg's. So, any learned posters know for sure?
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My first post here as in desperate need of advice. I am at this point £750 in rent arrears which have mounted up over 4 years. I had a suspended possession order in court when arrears were £875 in October. Up to 2 weeks ago I kept to the £56 weekly rent but have slipped with a gambling addiction problem and not paid in last 2 weeks. I get paid weekly of £175 each Saturday and will definitely make a payment 1st thing Saturday. I can't pay £168 this Saturday in one go (2 weeks missed rent plus current payment). I need help urgently as can't face life on the streets. I also owe 2 years council tax which hasnt been paid and various other debts which haven't been paid in years. Any advice would be appreciated. Thanks.
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