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Birmingham Midshires eviction cancelled now reclaiming!!


libra007
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OK, I have affixed a draft statement to go with the N244. You need to enter the details at the top where there are XXXs (remove the xxxs) the info you need will be on the eviction notice.

 

You will need to affix copies of the DWP form and also the proof proof of BM receiving it.

 

When you have completed the N244 affix the statement and copies of DWP form and postal proof securely. Make sure you take a copy of it all before handing into the court so you have a copy to refer to in the hearing. As you are on JSA you won't have to pay the court fee of £45 - I have affixed the EX160 form you need to fill in for fee remission and take to court with proof of benefits. Also affixed are the EX160 guidance notes.

 

When you take the form in to the court, ask the counter staff if there will be any free duty legal advisers in attendance on the day of your hearing.

 

Re the budget sheet - you should fill in as your situation is right now i.e. your JSA, child benefit and any other benefits. The judge will know from the DWP paperwork that the mortgage will be paid by them.

ex160a court fees.pdf

EX160.pdf

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No problem :) any questions just shout

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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There will be charges added to the Mortgage in the form of arrears fees. You need to claim all of those back. Here is the letter link for the charges;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?390026-Mortgages-Reclaiming-Charges

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Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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this week has been roller coaster, interviews, received confirmation letter from BM that hey have processed the form and sent to DWP. Received tax credits confirmation and i can now afford the normal mortgage payment even without DWP payments. Checking progress of MI12 with DWP gave me a scare as they told my claim is suspended because tax credits included working tax credits by mistake and so they see I am working :( took many calls back and forth to HMRC and DWP took 3 days to admit mistake and DWP wanted a written confirmation from HMRC, fingers crossed its sorted, will know when i sign on monday. otherwise i would have to file a new claim and 12 weeks can start from 0 and can throw out my MI12 basis for courts. Updated budget statement

Is it worth calling BM again ?

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There will be charges added to the Mortgage in the form of arrears fees. You need to claim all of those back. Here is the letter link for the charges;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?390026-Mortgages-Reclaiming-Charges

They certainly have added charges, how to calculate these charges for last 10 years?

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They certainly have added charges, how to calculate these charges for last 10 years?

 

You need to obtain statements which you can do by sending a Subject Access Request to the lender at their Head / Registered office address . They have 40 calendar days to supply ALL data in respect of your financial relationship with them. You will need to include £10.00 which is the statutory fee.

 

Once you have this information, you can complete one of the spread sheets from the link below. Enter all the charges on the spread sheet - the date they were added to the account - enter in the space provided, the interest rate they apply to your acount. The spread sheet will do all the calculations for you.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

Download and complete the complaint from from the Financial Ombudsman Website. Send to the Lender asking for your money back. Keep copies of the spreadsheet and the complaint form for yourself JIC you need to escalate your complaint to either the Ombudsman or court.

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Spoken to BM just before going to court,

this time one of sane person was on their eviction team and admitted they should have cancelled the eviction on the basis of MI12 form being processed, and said they were not aware of the form.

 

 

When I said I have confirmation letter from BM that you have processed the form on 25th and receipt by you by royal mail on 20th, he checked it again and cancelled the eviction.

 

 

I will contact court tomorrow to reconfirm if not then I am all loaded with forms and supporting documents.

 

At least I can concentrate on interviews without home losing worries.

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