Jump to content


repossession order granted


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5729 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Leicester Law Centre has now closed and been replaced by Leicester Community Legal Advice Service - the Law Centre used to be excellent - the new lot only started in April - so i don't know how good they are - the Law Centre Staff probably transferred. I would go and see them and see if they can advise you on an appeal.

 

In the meantime pay what you can afford off the arrears - it is actually better to make a lower offer and pay it than to offer more than you can afford and not pay it. Don't forget that if they do try to obtain possession that you can always apply to suspend the warrant. Try not to worry too much...easier said than done I know...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

Link to post
Share on other sites

  • Replies 97
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

The new community legal advice service provides advice and representation in debt and housing cases

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

Link to post
Share on other sites

Another update--- as you guys are aware the 28 days passed away on june 11th---

still no letters from either birmingham midshires or Eversheds

However- in a verbal phone call to mortgage company ( june 16th) - a lady i spoke to said if i maintained the payments that i had said( she discussed with me on phone the income/expenses etc )-- then they would not apply for eviction...

 

Yesterday(June 20th) - called again as nothing still received in writing---spoke to yet another person in collections and she said that the lady i had spoken to on June 16th had no authority to accept /reject any proposals!!! the one i spoke to yesterday said decison had not been made to my proposal of ( MAY 31st)---and that they were looking for me to offer a lot more than the £300 extra that i am paying!!!!--( i have names, times,date of whoever i speak to at Birmingham midshires)

 

  • Please can anyone here advice----can they constantly keep me on edge here by stringing me along?
  • And i have not yet received an eviction notice---can they have this hanging over my head indefinately???
  • why the mortage company are being so inhumane? they do not even have the courtsey to respond to any of my letters but then give me strict deadlines to get my proposals to them etc
  • 28 days passed on June 11th--- so is the threat of an 'eviction' order arriving a constant thing that i will have to live with for as long as i stay here??
  • can i do ANYTHING to get the mortgage compnay to either accept/reject my proposal of repayment--- as i simply cannoyt live day by day with this massive un-certainty--- i have told them several time sthat at £300 month ---the arrears will be cleared in approx 1.5 years---

I go to sleep most nights wandering if an eviction notice will land on my doorstep in the morning---all this is now beginning to have an adverse affect for myself and my 2 daughters..

I really could do with some advice again---- i have tried taking previous advice to chill out and not try think about it( something which i was doing until i spoke to Birmingham midshires yesterday) - but after yesterday conservation i am at my wits end agin

Thank you all again

Link to post
Share on other sites

Hi there, have you been making payments since the court hearing?

 

Kind Regards

 

Ell-enn

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.

Link to post
Share on other sites

Hi Ell-enn,

Yes- sent a payment for arrears ( £300- last week and my next major mortgage payment is due on June 27th--- i will be making this and another additional £300 for the arrears ( a proposal i had made on May 31st- and one which i thought had been accepted)

 

appreciate any help you can give as per my previous post i am again really worried

Link to post
Share on other sites

I am not quite sure how you are going to get a proposal accepted in wrting but that is what you need - and if you have panicked and offered £300 above your MP and you can not really afford that then try and concentrate on getting one you can afford. Otherwise they will be down on you like a ton of bricks if you dont keep up the payment .

 

Ell-enn

is more of an expert on te legal side so you wil need her advice

 

However i would be maybe emailing or writing to them recorded delivery with a copy to the court and solicitor- quoting your case number.

 

reference case nmber XXX mortgage number xxx

 

I have made several attempt to come to an arrangement with you regarding the arrears on my account. Despite writing to you and telephoning many times I can stil not get a definitive answer fom anyone as to what exactly is hppening with my case.

 

Since XXX i have maintained payments and paid xxx towards the arrears which I now believe stand at XXX

I have tried to talk to your staff to make an arrangement to prevent possession of the property but have been unable to confirm anything in writing. I again enclose an i&E form and my proposal ( at this point really think can you afford the £300 pm above the mp??)

 

And I have sent a copy to XXXX court and your solicitors.

 

Please can you make some comment BY RETURN so I know exactly where I stand. Also Would you be kind enough to enclose a copy of your current complaints proceedure with your letter.

 

I would also appreciate a current statement of my arrears with any associated charges with your reply.

 

 

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

Link to post
Share on other sites

Thank you--- you are right in that i did make the offer of £300 in panick---but with the current help receiving i can just about do it---I would have much rather offered a lower amount but Birmingham midshires do not seem to be interested---in fact they are still not happy with £300/month!!

 

Any furter advice regarding my questions in my post would be very much appreciated--- i am trying to seek all the help i can from whatever sources available

thank you all again

Link to post
Share on other sites

Hi there, you should carry on making the payments you have advised them you would - if they do issue an eviction order and we defend it, the fact that you have been making payments will show the court that you are serious about keeping your home. How many months arrears are there (and amount)? i.e. how long would it take you to pay them off at £300 per month?

 

Presumably the judge at the possession hearing did not think your income would support the payments going forward. Are you receiving help from your family?

 

Kind Regards

 

Ell-enn

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.

Link to post
Share on other sites

Hi,

to answer your questions--- at £300/month- arrears will be cleared up within the next 15 months

Ell-Enn- you could be right in the judge did not think income supported-- not sure as he did not discuss my repayment plan---

yes- i have been getting ongoing help---and will do until i can eventually sell house

will cary on making my normal monthly payments and an additional £300

 

BUT--- can this now hang over me forever, if the mortgage company simply do not reply to me??--

and- so will it mean that each evening i will not know whether or not an eviction notice will arrive

thanks again

Link to post
Share on other sites

Can I just reinforce what everyone is saying - try not to panic - if and I say If - they issue a warrant then on the basis of you making regular payments it is likely that a court will suspend the warrant and let you stay - Judge's actually don't like to evict people unless there is absolutely no alternative.

 

I know this may be a daft question but have you had anyone (professionally) check to see whether you may be entitled to some type of benefits - often people in your position aren't getting enough benefits - you need to see either a Solicitor, local Law Centre or a CAB and talk to them. You may find that the other side respond better to a letter on headed notepaper

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

Link to post
Share on other sites

ok--- i am now seeking professional advice from the leicester law centre/CAB--- also written to local MP( Stephen Dorrell)

 

This & other forums like this are great for support---not sure what i would have done without it

Will keep you posted and if an eviction notice does land on the door mat then i would very grateful for help in defending this

thank you

Link to post
Share on other sites

Dear All

Notmuch of a update as still no news--i would certainly appreciate if someonecan advice:

(1) how long can the bank keep me indefinately hanging on like this

(2) since the straight possession order granted on May 14th--i have heard nothing from either bank or Eversheds Re: my repayment proposal--nothing in writing at all---the few phone conversations were a waste of time

(3) no eviction notice or any news at all

(4) do i now pay the £75 and complete aform N244 to get some response from birmingham midshires

 

Please can someone help as i find this very difficult that anyday an eviction notice could land---

why is it that they just don't reply???--

I want this order to be suspended as opposed to the current staright reposession order

thank you

Link to post
Share on other sites

Hi there, I can understand your anxiety regarding the situation, but really, there is not much point in submitting an N244 until you get an eviction order. Although possession has been granted to the lender, they cannot actually take possession (unless of course you move out and leave it to them) until they have issued an eviction order - and at the moment they may not want to do that. I know of another case where possession has been granted a few months ago and there is still no eviction action.

 

Look at it this way, the longer you are in the property and making regular payments both to the mortgage and the arrears, the better it will look for you when (if) you do have to go to court. It would prove to the judge that you can keep to a payment arrangement and therefore he is much more likely to grant a suspension.

 

I know it must be awful waiting for something to happen, but it really is better to build up a payment record to prove you have a case for suspension. At the moment, no news is good news.

 

Kind Regards

 

Ell-enn

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.

Link to post
Share on other sites

Once again- many thanks

 

my only real issue is that they just have not reponded in writing at all--despite all my letters ,faxes etc

yet-- when i was previously a little late they would be very quick to send out letters and charge me £40 a time

Link to post
Share on other sites

If you sent all your letters by recorded delivery and have the delivery receipts fro Royal Mail then this will also help your defence.

 

Ell-enn

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.

Link to post
Share on other sites

Hi

 

I have been following your thread, like you i too am waiting on an eviction notice,

like Ell said the longer it takes the better it is for you, the waiting and the uncertainty is hard i know, but now i just take each day as it comes.

take care

 

 

 

Tilly

Link to post
Share on other sites

  • 1 month later...

hello again,

i have still nothing to report as my lenders are completely not interested in all of my complaints or requests for them to agree to anything i writing.

Snce my hearing on May 15th when a straighr repo order was granted i have made my monthly payments and an additional £300 month in arrears...

this additional offer of £300 was made in total panic as they would not respond to any of my letters etc--

I have made this payment( just about) for June & July...It is proving to be very difficult..

Bu i am now scared of writing to them to accept a lower payment against my arrears( £100/Monthly) as they may think i am not serious and go for the pending eviction order...

my house is on the market but the viewings have resulted in very silly offers...

please can anyone advice--i do not want to be repossesed but the additional £300 month offer which i made was made in desperatio and i cannot sustain it!!

thank you

Link to post
Share on other sites

Hi, how much have you paid towards the arrears since the hearing ? do you know how much the arrears are now?

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.

Link to post
Share on other sites

OK, the only option that I can see for you is to lodge an N244 form at court asking for a hearing for the judge to consider changing your payment proposal to £100 per month towards the arrears until the house is sold. It's a gamble, but the only other option is that, if you don't make the payments, then the mortgage company may apply for an eviction order. You would then have to put in an N244 to ask for the eviction to be suspended.

 

Ell-enn

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.

Link to post
Share on other sites

No order was made by the Judge for £300.00 was it it was you trying to avoid loosing your house so how long has your mortgage to go I would pay say £200.00 this month saying that you still want to pay of your mortgage as quickley as possible but due to the econmical climate things are very difficult that you will pay £200 for the next few months and see who things go , you can also say that you have done some research and this seems reasonable and if they decide to go to for an ecvivtion order you believe that the Judge would suspend it on those terms or terms with a lower payment and see what happens all the time you are paying the original payment and some off the arreas you shouldnt have a problem and the more time that goes buy the better it will look in court

Link to post
Share on other sites

  • 4 weeks later...

Update-- not much at all apart rom stil struggling to repay arrears---will have to admit defeat abnd sell house asap for a lower value...

in haste /panic i offered £300 month extra to reapy arrears after possession order granted!!!

 

anyway - wnated to ask---have a statement from Birmingham midshires with monthly charges for all sorts---could i claim these back and if so--could someone advice

 

secondly: until house is sold- (not sure when buyer will be found)- can i ask mortgage company to now capiatlise the remaining arreras over term of the loan??? since possession ordfer i have paid on time and arrears for 4 months

Thanks

again

Link to post
Share on other sites

Hi, it's very unlikely that the lender will capitalise the arrears in this situation. If you are struggling to pay an extra £300 per month (bearing in mind that there is no court order to pay that amount), then you should pay what extra you can afford - say £100/£150?

 

On the statement you have, does it show how much the arrears are? There is no point in trying to claim back the charges until you have sold the house and paid off the mortgage as if you start a claim now, it might make them issue an eviction order. At the moment they are doing nothing and you are making payments towards your arrears, try to keep this up until the house is sold.

 

Kind Regards

 

Ell-enn

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.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...