Birmingham Midshires eviction cancelled now reclaiming!!

[libra007]

inspired by Tonycee success, I am planning to re claim charges back from BM.

 

I am still with BM and paying mortgage regularly now after back on full time employment. also pay extra 200-300 every month towards arrears which i guess stands at 1500.

 

instead of asking in other threads i decided to open a new one here.

 

my rough estimates about charges are it will be around 2500-3000 consisting different amounts 30 35, 40, 50 and sometime 100 at various point of time cost of letters sent to me.

 

given the scenario, could you please all guide me through. ie the steps i should follow?

 

thanks

[tonycee]

Hi libra...Im flattered and hope we can help you too.

 

But i couldnt have done it without the WHOLE team...

 

Firstly, exactly what stage are you at ?.

 

Do you have details of all the charges applied to your account?.

 

This is very important.

 

If not, i would ask Birm Mid to supply you with a detailed breakdown.

 

I started with a S.A.R - (Subject Access Request), and they gave me the run around for ages, when i eventually asked for a breakdown of charges, they replied, why didnt you say that in the first place ?

 

We are right behind you.

 

Good Luck.

[nicho1120]

whats the implications of still being with them and claiming? Are they likely to be funny again if you ever fall into arrears. Any news anyway Tonycee ???

[tonycee]

I found them to be very professional.

 

I cant answer on how they would respond if you fall into arrears.

 

I honestly dont know.

 

My claim is HERE if it helps at all.

[nicho1120]

Sorry Tonycee. Meant to ask how Libra007 was going on. Apoligises for that.

[libra007]

I had a court claim hearding date on 4th march, 2009.

 

As I was going away from the country during this date, I applied for adjuourment for the hearing on 28/01/2009 well before the date of hearing.

 

I got the confirmation letter from court, that hearing will be adjourned to 15 April.

 

but due to admin error by the court staff. The Hearing took place in my absence on the original hearing date of 4th march anyway.

 

Judge made suspended possession order and increased the installment by 50.

 

when i came back, i went to hearing on the adjourned date of April 15.

this is when judge and staff realised they have admin error. claiment wastn present on the day.

I asked the judge to amed to order to change the date of installment only and was agree to 50 pound increase in installment.

 

 

but for the second hearing, i never received the judgement and havent paid any installment.

 

but based on the first hearing and order, claiment applied for eviction is due next week. I made one higher installment for the last month already.

 

Now I want to apply for judgement to set aside or suspend. but curious

 

shall i base my reason on the admin error of court ? or i can make this on the basis of have child living at the property.?

 

and shall i apply to set the judgement aside? or only for stop the eviction and suspend this?

 

 

 

I called court yesterday, they have only one hearing on record the first one that I wasnt present!. She said she will send me the copy of the order, i again didnt receive it after waiting of 2 days.

 

 

a very fast reply will help.

 

the arears i have on this secured loan is 1000 only my house value is around 260-70K , the total loan is 5000.

 

thanks please advise urgently.

[sad443]

your thread is one of those badly written and confusing thread. firsr tell us why you were taken to court. then tell the rest of story.

 

however go to court and obtain copy of the order and then apply to set the judgement aside. also try to refinance your loan. you pay off the existing loan by borrowing a loan (no longer court order against you) from another, that gives you some breathing space for a while.

[bazaar]

I would think the courts error would be good grounds for set aside, then you can tackle the agreement to see if it can be enforced or not. IE youre going to CCA/ SAR the original lender to see if theyve added any charges or fees etc. Have you got the letters stating you were leaving the country etc. Keep em safe, you'll need them to convince the court to set aside.

I'm not sure why SAD 443 has suggested you refinance, because it'll cost you more in payments due to higher interest if your credit file is trashed. So IMHO thats not an option at this stage.

Please wait until you get a bit more advice. If its urgent, just click on the little red triangle and ask for a mod to assist.

Good luck

[libra007]

I had fallen behind on mortgage 4 years ago when my employer went into administration, BM taken possession order and tried to evict me, arrears were fully cleared by DWP aafter processing MI12 form and I was employed soon after and paid promptly since.

 

But now those possession order came back to haunt me after once again falling behind for 4 months as I am looking for work. and they have now used the old possession order straight to send me eviction date on 10th march. DWP forget to send me MI12 form, after calling they have sent me the form and i have sent to BM for processing further.

 

In the mean time I have spoken to BM and they insisting on full arearrs payment to stop eviction. to my amaze, they werent accepting any payment even to reduce the arrears, after formal complaint they accepted 250 but didnt stop the eviction. previous efforts to pay reduced payment for few months were also rejected by them. arrears are not too much just under 1900.

 

my faults i forgot about this possession order and didnt apply to set aside after clearing back in 2010,

2nd fault didnt apply for JSA straight after recent unemployment and tried to avoid living on public funds until the last penny i had. that period would gone to 13 weeks requirement for MI12.

 

I am not sure what to do next, i certainly wish to keep house which I am living for last 10 years. I have two sons under 6, I am skilled and hardly out of work and getting interviews and cant wait to get back to work.

 

Please suggest what the best course of action. my income right now is child benefit, JSA and applied for tax credits.

 

Thanks

[citizenB]

Most of the advisors in this section have day jobs - so someone will be with you as soon as they can.

 

Would you be able to make the contractual payment along with something off the arrears ?

[sequenci]

Hiya,

 

Can you clarify that you've put in a claim for support for mortgage interest again?

[libra007]

Hiya,

 

Can you clarify that you've put in a claim for support for mortgage interest again?

yes i have, and DWP payments are normaly more than my normal mortgage payments which is interest only.

[libra007]

Most of the advisors in this section have day jobs - so someone will be with you as soon as they can.

 

Would you be able to make the contractual payment along with something off the arrears ?

once on the job certainly can, but problem is I am not employed. I have interviews at final stages but no confirmation as yet.

[Ell-enn]

Hi there, you will have to put in an application to court on an N244 form to ask the judge to stop the eviction - we can help you with that. Do you have paperwork from the DWP to prove you have made the claim ? did you keep a copy of the form before sending to BM and did you send it to them by recorded delivery?

[libra007]

Hi there, you will have to put in an application to court on an N244 form to ask the judge to stop the eviction - we can help you with that. Do you have paperwork from the DWP to prove you have made the claim ? did you keep a copy of the form before sending to BM and did you send it to them by recorded delivery?

 

Thanks, I have made copies before sending it to BM, also sent by recorded delivery. Please suggest me about N244 and what grounds i need to put it.

[Ell-enn]

Hi, have a read of my guide here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession there are examples of how to complete the N244 and statement to go with it (I can help you write the statement).

 

You can also download an N244 form in the second post of the guide thread. Do you have a printer at home?

[libra007]

Thanks, have read through the guide. yes I have access to printer.

got one interview today, will be back after it. have started to fill in the income statement.

[libra007]

printed off the delivery confirmation of MI12 form by BM.

i dont know the figure i will receive from DWP regarding the mortgage, do i have to include this in the income and expenses

[Lea_HTH]

The DWP SMI interest rate has gone down in the last few years - so if your current mortgage interest rate is above 3.63%, then the SMI payment will not cover the interest portion of the mortgage.

 

If that is the case, then you will need to consider other options to meet the shortfall - asking for a payment holiday for example.

[libra007]

luckily my mortgage rate is less than 3.00% so it will cover the payments , i am planning to go to court for hearing date on monday/tue but still not sure about the statement and about the income statement as it will hardly or very little have anything left to offer as payment based on JSA + child benefit. any advise will be apperciated

[stu007]

Hi libra007

 

Please be patient as its the weekend it may be a bit slower but I am sure our caggers will be along to help.

 

I will see if I can get any further help for you so please be patient.

[Ell-enn]

Hi, I can help you with a statement to go with the N244 but need a little more information:

 

Is the mortgage in joint names?

Are there any children living in the property?

[libra007]

Hi, I can help you with a statement to go with the N244 but need a little more information:

 

Is the mortgage in joint names?

Are there any children living in the property?

 

Thanks

no its only in my name,

yes I have two children 4 and 6 years old living with me

[Ell-enn]

are you mr or mrs, or miss ? ( need to know how to refer to you in the statement )

[libra007]

sorry its MR