Abbey Repossession Advice Needed

[lanesra14]

Hi all,

 

We recently received an Eviction Notice regarding a single outstanding final payment of £475 on an secured loan. The claimant say they have written to us before applying to court (but my wife says she never saw the letters)...

 

Anyhow, I was prepared to pay the outstanding amount of £475, but the lender says there are additional legals fees of £389 from their external solicitors that would also need to be paid to stop the eviction.

 

Is this correct? or will our payment of the outstanding £475 be sufficient to stop the action?

 

I am in the process of completing a N244 form.

 

Any advice would be greatly appreciated.

[citizenB]

I will bring this to the attention of those who can help.

 

They will be with you as soon as they can.

[citizenB]

Can you confirm that they are attempting to evict you because you have an outstanding payment of £475.00 ?

 

Can you give us a little more history on this ?

[lanesra14]

The background is that a previous judgement of a suspended order for possession was made a few years ago (circa 2008) when the arrears were much higher and the balance was in the thousands. We kept up with the arrangement as per the order and i was sure this was now done. ...except for this 1 final payment to clear the balance and settle the account.

[Lea_HTH]

Doesn't sound like the full story. Presumably you haven't moved - as if you had, the loan would have been repaid, so therefore you are attempting to claim that all correspondence relating to this, from the lender and from the court, have gone astray until the bailiffs sent the eviction notice? You'll probably see how inconceivable that is when you count up just how many items of post that would have amounted to.

 

In any case, it is unlikely the lender gained possession for an outstanding amount of £470 - nor for an outstanding amount of that plus the solicitors fees - so you'll need to check what the judgment for possession states regarding the money judgment in order to find out precisely how much they have an MJ for - it is that amount that will need to be paid. You can challenge both the possession order and the money judgment on the basis that you did not receive any paperwork, but you do that by applying to have the original judgment set aside (also on N244), and the judge, if he decides in your favour, will then proceed as if that order had not been made, and will make an order based on the facts on the day of the new hearing.

 

It is in your benefit to pay the outstanding loan payment.

 

I see you posted whilst I was typing my post. You then need to make a stay application - given the circumstances, it is quite likely your expected final payment isn't actually the full amount owed.

 

If there are unreasonable charges on the account you can reclaim those separately.

[lanesra14]

Hi all,

 

 

Following the last adjournment mentioned in the previous post, we have since received an eviction notice as we missed a payment in Dec '13 and Mar '14. These being the only payments we've missed in the last 15 months.

 

 

March default is very bad for us as it included £500 we had offered to the solicitors to make up December arrears of £1000. Basically we made the offer to pay 1000 arrears over 2 months ( Feb , mar) as we felt we could afford this at the time. Paid Feb , but failed to pay March as my wife unfortunately lost her job and march payment was now not possible.

 

 

So I have the following questions:

 

 

 

1. As we have been in court over this case several times to stop the eviction on previous occasions, is there a limit we may be crossing where the N244 and reasons we give may just not be acceptable to the court? The solicitors recently said this was the 5th time an order had been granted.
   
2. Given that the most recent payment history has been reasonably good, we complied with the judges order from Jan '13 to Nov '13 when then first payment was missed for which we then made an albeit ambitious offer to correct, could this play in our favour at all ? Or will the lender just claim that this mortgagee is simply unaffordable as they have previously tried?
   
3. I have received a pay increase from March 1st which will help, and the wife is now back working. Will this be enough to have the eviction suspended again?
   
4. We currently pay CMI +£150 towards arrears from the original order. We could increase this to CMI + £200 to cover the march default, would this be reasonable to ensure we didn't overcomitt ourselves? I anticipate the lender will want more , especially if I include my modest pay rise information in defence of ability to keep with payments
   

 

 

I hope someone can offer some advice on this. I'd like to submit a N244 tomorrow if we can present a decent defence.

 

 

Many thanks for your assistance.

[Ell-enn]

Hi, I'll have a look at a N244 defence statement for you later this evening when I have a bit more time. Have you drafted a statement to go with the N244 yet?

[lanesra14]

Thank you Ellen

 

 

I haven't drafted one yet, was going to do that this morning based on the same points raised above.

 

 

Hoping to submit N244 today as I have the day off work.

[Ell-enn]

Hi, do you still have a copy of your previous statement that you could amend?

[lanesra14]

Yes I have a previous copy I can ammend. Could I send you my draft to check please ?

[Ell-enn]

Hi yes, of course - happy to look it over you can send it to [email protected] (there is no spare between the c and o, it just appears like that)

[lanesra14]

Hi, I've just sent you the draft text. Hopefully you'll have time to review

 

Thanks

[Ell-enn]

Hi - I got your draft and replied - but I only saw your message just now as I have been in a meeting.

[lanesra14]

Hi all,

 

 

Good news! Eviction suspended as judge felt we were making attempts to remedy the situation. Scheduled for review in 6 months. I didn't even need to say anything. Remarkable , considering the stress this causes from the day the eviction notice is received.

 

 

What can we do to get the suspended repossession removed altogether? The claimant's representative seemed a little reluctant to explain that we were in court because of effectively 1.5 missed payments.

 

 

I just feel that after 12 months of regular payments, we should be able to apply to have the suspended possession order removed.

 

 

Are we being realistic?

 

 

 

 

Thanks once again for your help.

[Ell-enn]

Hi, it's unlikely you would get the SPO removed until at aropund 12 months after all the arrears have been paid. You would need to show a long term on time payment record