repossession order granted

[angel_1]

hiya all

 

thankyou jansus for that fsa link, it states in the section 13 about the different ways to get to an understanding on how to clear the arrears with the mortgage company, could we also interpret that the mortgage company could and should consider the norgan case, wehere the arrears were added to the rest of the mortgage and this was seen and won in court as a reasonable lenght of time to pay back the arrears???

 

im in a middle of a complaint and am hoping they deal with it as ive asked if not then ive told them will refer to ombudsman, but as plan b could i state i will defend any court action and express my wishes that the arrears are processed like the norgan case

 

hope the above makes sense, many thanks

 

ciao and have yet to hear from the company ref my complaint dont they have 5 days for me to have received at least an acknowledgement, did send recorded delivery.

 

byee for now maz

[losingwilltolive]

hi-

Everytime i read this forum it certainly does give me hope but then there are also times when i now still fear the worst due to what happened on 14th May....

My arrears were incorrect on their poriginal letter but now stand at 3950---

I am , (with family help again)- making a payment of £350 off the arrears... but not sure if any of this is doing me any good as i have still not heard from the courts, mortgage company or Evershed( banks solicitors)--- ideally and as i have siad before i would like them to spread arrears over at least 12-18 months and preferably longer....but no one is getting back to me...original arrears is down from approx £5000 to £3950 but courts/banks/solicitors do not seem to care about that at all

do you think they purposely wait until its very close to the 28 days and then make contact??

This forum is a godsend but i am still going to hell & back on a daily basis since May14th as i can't seem to concentrate....

its a shame as last week i also received the certificate from OFSTED informing me that i can now practice as a registered childminder---but with the uncertainty surrounding the possession order i have not done anything about getting business as a childmminder..

thank you once again for any help/advice offered

[jansus]

I am bumping you up to get more help as I am not an expert .

 

Have you tried CAB or national debtline for help?

 

Have you asked the court whether you can appeal against the decision

 

The BS should have sent you a letter when they started court proceedure stating where you can get help? did it mention FOS?

 

I think a call to them might be worth while ?

 

state that you are able to pay your mortgage payment and something towards the arrears each month - state that you have informed your BS and their solicitor and they are still proceeding with possession. Ask them what should you do as you feel they are acting against guidelines

 

Tell them it is urgent and you need help

[enamae]

I've just read through the thread and have noticed the following;

 

1) No mention has been made about contacting the housing department of your local council about your situation. Hopefully it won't be necessary but if the worst happens and you do get evicted at least they will know and you will be at the top of their list for a house.

 

2)

you can put your case you can put the n244 in the day before the order says eviction takes place then I think the bayliff has to wait

When I was in your position, I put the N244 through online over a week before the eviction date. After a few days when a hearing date hadn't been allocated, I rang the court and they couldn't trace any record of it. When they did trace it I thought that if they couldn't fit a hearing in before the eviction date they'd suspend the eviction until after the hearing but the court advised me that they would have to fit me in and that the eviction date /time would stand. My hearing was eventually set for 2 1/2hrs before I was due to be evicted.

[losingwilltolive]

Hi,

No update yet as still heard nothing from the courts---the possession order was franted on the 14th May--28 days vacate-

However- since this date i have heard nothing more...is this normal practice?

thank you again

[enamae]

I'd have thought you would have received confirmation of the possession order through the post by now. Can you check on-line or ring the court to confirm it's been sent?. Can't remember how long it took for ours to come through. I'll check and get back to you later.

What it will do is confirm that on 11th June 2008 the building society will gain possession of your property .After that date as you will still be there they need to go to the court to obtain an eviction order. Now depending on the building society and how busy the courts are the time for this to happen will vary.

Once this has been issued you need to be submitting your N244.(I see that Bona and some of the others are able to help you with filling that in).

[losingwilltolive]

latest update---- still no letter from court but finally received a letter from EVERSHEDS- not sure what it really means but....

 

confirms that ' order will become enforceable on 11th June 2008' - that bit i understand...

please can someone explain what the following means' . A money judgement for £205,000 was also obtained.'

 

The letter also goes on about enforcement etc...and...

' should you wish to avoid repossession becoming necessary, please arrange to clear the full arrears prior to this date. If you are unable to clear the arrears on your account, please forward your proposals for clearance of the same within next 7 days'

Could some one adviseas to this money judgement????? and also with regards to payment of all arrears are they talking about current arreras on mortgage prior to repossession order( £3950) OR do they mean £205,000!!- I ask as the only monetary amount on the letter is the money judgement amount for £205,000

 

please can someone advice/help me with this again

thanks

[enamae]

I'm not sure but I think it means that the outstanding mortgage (presumably £205,000) become payable on the 11th June, which as you are unable to pay this they will gain possession allowing for them to apply for an eviction notice.

However, Eversheds are saying that if you can come up with the arrears or an agreement on how to pay the arrears before the 11th June they will defer applying for an eviction notice.

Hopefully someone will be able to confirm this.

[losingwilltolive]

Hi,

many thanks--- but when Evershed gp on about the full arrears now are they talking about the whole money judgement order ( £205,000) or the actual arrears on my mortgage £3950??-

I apologise if i am asking a stupid question or not understanding fully the letter from EVERSHEDS

thanks again

[enamae]

If you contact Eversheds before the 11th June and can come up with the arrears of £3950 or an agreement on how to pay them off that they agree to, they will not not proceed with the repossession. The full £205,00 only becomes payable if they gain possession and you are evicted and would be deducted from the proceeds of the sale.

[losingwilltolive]

if this is the cae---could anyone advise the letter format i should prepare-- i am concerned because on May 14th - the district judge did not even consider my letter which explained that i would like the arrears to be spread over a certain time-- i certainly need help on this and also i will await eviction notice and then complete the n244--i have it downloaded already but am still awaiting to hear from Leicester county court

thanks

[rippedoffagain]

Very sorry to read your thread.

 

latest update---- still no letter from court but finally received a letter from EVERSHEDS- not sure what it really means but....

 

confirms that ' order will become enforceable on 11th June 2008' - that bit i understand...

please can someone explain what the following means' . A money judgement for £205,000 was also obtained.' I would guess that this is the same as a CCJ and should they possess and sell your home, any amount recieved will reduce this figure.

 

The letter also goes on about enforcement etc...and...

' should you wish to avoid repossession becoming necessary, please arrange to clear the full arrears prior to this date. If you are unable to clear the arrears on your account, please forward your proposals for clearance of the same within next 7 days' This means what it says, proposal to clear the arrears ( £3950).

Could some one adviseas to this money judgement????? and also with regards to payment of all arrears are they talking about current arreras on mortgage prior to repossession order( £3950) OR do they mean £205,000!!- I ask as the only monetary amount on the letter is the money judgement amount for £205,000

 

please can someone advice/help me with this again

thanks

 

I would think this is a lifeline. Send them a proposal.

[losingwilltolive]

ok...many thanks---will need help with proposal letter for the reasons explained in my previous post Re: judges actions on May 14th---

If this is a chance to have the home not re-possessed then i would like to take the advice on offer on this forum so that i do not go through a day like my original hearing

[rippedoffagain]

Its only a personal view, and I have nothing to back it up, but house values are falling. I think that having been granted a possession order, they can accept a repayment proposal, knowing that if you fail to make the payment you could then be evicted very quickly.

 

I still don't understand why the Judge did not suspend. On a mortgage of £200,000 the monthly payments must be near to £2000. £3950 would be only around two months.

[losingwilltolive]

This is exactly what i have not understood--- my repayments are now £1505/ month on current outstanding mortgage.

 

I had offered to pay off arrears over a certain time and was also making the monthly repaymnts but for some unknown reason the judge simply granted a repossession order..

I do not have the know how ( or coiurage), but i would have liked to have challenged the judges decision??

[losingwilltolive]

Any help /advice will be really appreciated---i have the latest update for you guys---

• Still awaiting bailiffs notice----the 28 days notice ends on June 11th( as per letter from EVERSHEDS)
  
• Made plenty of complaints during last 8 days---no firm answers but have received letters from courts/ mortgage company ackowlwdging complaints..
  

As you are aware the fateful day of May 14th the judge did not even ask about repayment..and simply granted a possession order....but i received this letter from my mortgage company today in response to a complaint i had made to them....please could you kindly read extract and advise me what the hell is going on as i am totally confused--- was the judge at my hearing on a different planet!!( the following is extract from letter recd today)

 

''The court hearing that took place on 14 May 2008 was to obtain a possession order and secure a proposal in court to clear the arrears on your account;this was not to evict you from your property.

A 28 days possession order was granted as we received no acceptable proposals to clear the arrears in full.''

I am totally confused as the judge did not even ask or look at proposals---

please help....as june 11th fast approaching

thanks

[Ell-enn]

Hi there, I can understand your anxiety but until you get an eviction notice, there is not much point in submitting an N244 form as it will cost £75. If you wait until the eviction notice arrives it will be £35.

 

We can help you with the N244 when the time comes.

 

At the court hearing did you explain how you were able to clear the arrears? perhaps the judge thought your income wouldn't support it.

 

Have you made any payments recently?

 

Kind Regards

 

Ell-enn

[losingwilltolive]

Hi Ell-enn,

Many thanks--- the judge did not even discuss the repayments---

he stated that it was clear i could not afford the mortgage and granted a possession order---

 

I have made another £300 payment off the arrears--

still awaiting to hear from mortgage company and solicitors regarding the proposal i sent to them last week

thanks again

[losingwilltolive]

Anther update: it is now june 13th-- the 28 days passed on June 11th...the letter that i was supposed to receive 'within days'( judges quote) after the repossession hearing on May 14th---finally arrived yesterday (june 12th!!) informing me that i had to give up possession 'on or before 11 june 2008' !!

 

the order of possession has the following:

 

' the order has been made on discretionary grounds and the court orders that

1. the defendant give the claimant full possession etc etc et

 

is the above a reason why this district judge barely listened to me or why he was un-interested in my proposal plan??? hope someone can advise

 

• EVERSHEDS still not responding to my offers of repaying the arrears---
  
• 
  
• the bank( birmingham midshires) asked for a proposal on 30th May- which i sent off by recorded delivery immediately---again NO written response
  

I have sent so many letters since May 14th--it's unreal---and i have no responses at all...

what do i do now??

[losingwilltolive]

if anyone has any advice( re: my last post)---i'd really appreciate it..

thanks

[Ell-enn]

Hi there, I can understand your anxiety and the frustration you must feel at not receiving any replies to your letters, it must be very worrying for you.

 

However, as we said before, until you receive an eviction notice there is no point in submitting an N244 asking for a hearing. As soon as you receive the eviction notice we will write the defence for your application.

 

If you can keep making payments in the meantime it will count in your favour at the court hearing. Also, what was the proposal you sent to the solicitors and mortgage company?

 

Kind Regards

 

Ell-enn

[I've got no money]

Can I ask if you are currently making payments in respect of the mortgage and the arrears - the Eversheds letter seems to suggest that if you pay them the money they may not actually apply for a warrant. Can I ask which court it was in - it is really strange to make an outright order like that...

[I've got no money]

Can you get a solicitor to have a look at the papers - the original order may be open to appeal - do you qualify for legal aid.

[losingwilltolive]

Thanks for the replies-- to answer some of the questions raised:

 

• Leicester county court- where the district Judge made me feel totally insignificant
  
• Have written to Eversheds/& Birmingham midshires offering £300 month to clear arrears-- no response at all ( in reality i'd like to have offered £150/month---but panic has set in and have offered £300
  
• yes- I am currently maintaining mortgage payments
  
• 
  
• Yes- i feel very strongly that the Judge did not give me a initial fair hearing and i'd like to do something about that but not sure what -- everyone i have since spoken to says an outright order should not have been given---but the fact is he did give a staright repossession order
  

thanks again

[Bona]

OK Eversheds do not answer anything are you paying any arreas asper your proposals Please dont worry if you are paying , there not repling they may just not do anything all you can do is pay your mortgage and try to get on with life for a bit