Possession Order 24 September TIA xxx

[gaz1967]

Hi All,

 

Another update!

 

After speaking to litigation dept at Natwest have been informed that any payment offers are to be made to Irwin Mitchell (solicitors) not Natwest. Is this correct? Having found irregularities in the payment records and their incorrect facts in court we are loathe to do this for obvious reasons! Natwest effectively seem to be making it impossible to deal with themselves direct?

 

Best Wishes

 

Gaz

[Ell-enn]

Hi there, as long as you have receipted proof for all the payments you make - when we come to do your defence if their figures don't agree with your receipts then it will only add to the points against them. The fact that communication between Natwest and their solicitors is abismal will be very evident.

 

Stay positive - you'll get there in the end.

 

Kind Regards

 

Ell-enn

[gaz1967]

Hi Ell-enn, Bona, Olives, Tawny,

 

Sorry for the delay been a busy weekend but hopefully well on the way. Have done an up to date I and E sheet, but have a few questions if you could help? Based on my partners income (including keep from elder son, child benefit and tax credits) we have a £700 a month excess. There's probably things we have missed and I would prefer to PM it to someone if that's ok just to see if you can guide us a little, but the important thing is that its based on an offer to Natwest of £300 a month. Original loan payments to them were £310. We did contact Natwest (litigations dept) but were told that any dealings had to be with Irwin Mithcell the solicitors. Is this standard practice? What we are concerned about is costs being applied by them every time we correspond etc. Also as we have said before their are irregularities we are not happy about made by them so we don't have a massive amount of confidence in them to say the least!

 

We will be seeking refund for PPI costs, and have learnt that these are part of the total sum demanded (approx £5000), but feel this is better left till after payment offer is made. Would you agree with that, as we don't want to leave anything to chance but think it's about priorities and ensuring we are not forced to sell the house is number one.

 

Hope you all had a good weekend (despite the weather!) and thanks in advance for you rhelp and advice!

 

Best Wishes

 

Gaz xxx

[Bona]

can obly get on in the evenings for next 3 weeks as Im running a Summer school will keep in touche and see what i can find ou a about these contracts

Bona

[OLIVE.FAMILY]

Hiya,

 

Ell will be the best person to pm the I and E to. She will prob be about tommorow. A few tips I learnt about this was include every penny you spend. Mobile phones, ciggarettes if you smoke not just main weekly shop but try to add up the bits you spend in the week you know those extra pints of milk and loaves of bread. After school clubs, pocket money. Birthdays how much do you spend on each person and devide that by twelve the same for christmas and friends birthdays. I already said school dinners. ALL children do that at some point . Hair cuts for you all split the car tax and mot in to twelve payments as well.

 

As your partner is due for a hearing you can possibly get the PPI complaint fast tracked as well( I have just manged this with the FOS). As far as I am concerned Natwest should be in charge of any offers. Are Irwin and Mitchell debt collectors or solicitors? And any charges they add on you can try and claim them as well. There will be late payment chrages on the final amount owed as well.

 

It may be worth while getting statements from Natwest to see how much of what is owing is charges and PPI. It will interesting to see what is left over and show that to a Judge.

 

You are right though, one thing at a time and concentrate on the priorities and that is the house.

 

Hope this helps a bit more

 

Olives xx

[Tawnyowl]

Hi Ell-enn, Bona, Olives, Tawny,

 

Sorry for the delay been a busy weekend but hopefully well on the way. Have done an up to date I and E sheet, but have a few questions if you could help? Based on my partners income (including keep from elder son, child benefit and tax credits) we have a £700 a month excess. There's probably things we have missed and I would prefer to PM it to someone if that's ok just to see if you can guide us a little[/quote

]Hi have you had help with this-if not am sure you will soon--you will win this one i am sure-good luck the owl

Edited August 25, 2008 by tawnyowl

[gaz1967]

Hi All,

 

Just a quick update. Have done the I and E (will be forwarding copy to Ell-enn) but its looking pretty good! Don't wish to sound foolishly optimistic but with all creditors being paid and including an offer of £300 p/m to Natwest my partner (Juliette by the way lol) should be able to cope with it on her own. I know that was a very big boost to her as I think we both feared a scenario where her debt was more than she could afford and would have left her reliant on help from me or for instance if it wasnt me then no way she could have coped alone. Obviously I am going to help but now we are much more informed of the situation we dont feel like its a losing batlle in fact quite the opposite and so much of that has been gained from the help and information from yourselves and this fantastic site!

 

On the downside I fitted new brake pads to her car on Friday and obviously hadnt checked them properly resulting in Ju going through a garden wall just down the road ...... oops! Luckily all insured etc but perhaps I'll stick to what I'm good at which is errrrr washing up?

 

 

As for the PPI we will def contest after we have made offer/appealed as makes up 5k plus of the debt and will also be investigating all other debts to see if ppi has been applied and if so def requesting refunds!

 

As for financial irregulairties we are seriously concerned at some of the anomalies we have found with deferred payments, incorrect facts etc we have discovered and are taking these up with the solicitors representing Natwest immediately. We have established one point of contact and every communication is in writing as the phone calls we have conducted in the past tend to be forgotten or even denied lol!

 

Anyway hope to have more news this week as going to put all the wheels in motion now we are sure of where we are and what our options are.

 

Know i keep saying it but it is totally meant THANK YOU! Wouldnt have ever considered the options we have now possible a couple of weeks ago and have already been advising friends of mine in similar situations to look at this site and see that there is always hope!

 

Best Wishes and hope you are all having a great weekend!

 

Gaz and Ju xxx

[Ell-enn]

Hi there, glad to hear you're feeling more positive:) you'll get there in the end.

 

Ell-enn

[gaz1967]

Hi All,

 

Apologies for the delay. Been away for a bit sorting out my own personal affairs but Juliette has kept me posted. Situation at present is Natwest will not talk to us directly so we have tried to speak to their solicitors Irwin Mitchell. Despite repeated efforts they haven't responded to us once. We know that at least 8 people from their offices have looked at our email so we feel they are just messing us around hoping to take posession on the 24th. We made them an offer of £300 a month ( which the district judge at the last court hearing clearly indicated he would consider acceptable) but to no avail. Could you advise us please on best action now? We believe that the only way we are going to get anywhere is by going back to court. We have no confidence in Irwin Mitchell as they have made errors in prersenting their case in court, no been helpful at all in communication and also we have found very unsettling financial irregularities with the payments made to them (gaps of 8 and 5months between receipt of payments by us to them and them to Natwest, and also money being paid to them not actually having a natwest destination as they account we found is closed so where did it go?)

 

We really dont want anymore dealings with Natwests solicitors and I dont want to get ahead of ourselves but we wondered if he Judge could order Natwest to talk to us rather than go through this distinctly dodgy middle man?

 

Other than that things are good, although frustrating! We have got a handle on almost all aspects of this difficult time and although I repeat myself, we couldn't have done it without you! xxx

 

I am back for the time being so will respond asap to any messages.

 

Many Thanks in advance!

 

Gary and Ju

[Ell-enn]

Hi Gaz, I think you now need to enter an N244 to ask for a hearing to suspend possession. I can help you with the form which you can download here: Her Majesty's Courts Service - Home. and I will draft a statement for part 10 of the form.

You will also need your I & E statement.

 

Can you tell me what payments have been made since the last hearing please?

 

Kind Regards

 

Ell-enn

[gaz1967]

Hi Ellenn.

 

Will sort asap

 

TY xxx

[gaz1967]

Hi Ell,

 

It is a possession order to be enforced on the 24th.

 

Still nothing from Irwin Mitchell! Really very annoyed at how they have operated! We were talking about the whole thing last night and are quite concerned at how Natwest and their solicitors have stonewalled us. Juliette is going to phone them this morning to ask why they haven't had the decency to respond to us. My personal opinion is to press ahead with the appeal as I really do not think they can be trusted. She has done pretty much everything that has been suggested at the last hearing, and I feel that because of that she has the right to present that in court rather than wait day after day for a response from a third party that really doesn't appear to give a damn. Sorry i'm sounding off a bit. Just gets my goat when someone who tries so hard to make good in life gets such a raw deal! Going through form at the moment will let you know when I am done. Shouldn't be too long.

 

Many Thanks

 

Gaz

[Ell-enn]

Hi Gaz, if it helps - below are the instructions for completing the N244 (apart from part 10, which I will give you separately when you have completed the I & E).

 

1. Name

2. Tick Defendant

3. Extension of suspended possession order – payment proposal offered.

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for Evidence Set Out Below - write in the box "please see affixed sheet"

Cross out all options except I Believe

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

 

Gaz, if you have been making regular payments since the court order - they may not enforce by going for eviction. You wouldn't be evicted on 24th September anyway - they would have to apply for an eviction order after that date which would give between 2 and 4 weeks notice. It might be best to wait and see what they do after the 24th? just a suggestion.

 

Ell-enn

[gaz1967]

Hi ell,

 

Does it help? Bloody well think so think so!!! Thank you so much xxx Did the I and E some weeks ago just need to transfer it onto prettier form lol and will send you today. Yes payments have been regular right up till cancellation of DMP, and subsequently we offered the revised figure, but as I said we have heard nothing grr! Little worried about waiting. Just feel they have acted in a devious or disregarding way so far (sorry tend to err on side of paranoia!) so wanted to ensure that all options do remain open by appealing?

 

Also am including what i have written in the document so far, could you let me know whats ok and what might not be?

 

"

After the last court hearing, when the possession order was granted, I took the advice of District Judge Mitchell and took control of my own financial affairs. After terminating my debt management plan, contacting independant free advice organisations and drawing up a revised income and expenditure sheet (see attatched), I was able to offer Natwest a monthly payment of £300, more than double the figure the DMP had calculated. Despite repeated attempts at communicating directly with Natwest and their solicitors, I have had no success in finding out even if this is and acceptable offer. To date no response has been forthcoming at all. Immediately after the last hearing I contacted Natwest, only to be told I had to speak to their solicitors. This i have tried to do by phone and in writing and still haven't been given any response."

 

There's still more I would like to say, but don't want to get bogged down in semantics at this stage.

 

Thank you so much xxx

 

Gaz

[Ell-enn]

Hi Gaz, to be honest - if you have been making regular payments then I would be inclined to wait until after the 24th and see what they do. In the meantime you should put your offer in writing to Irwin Mitchell - (draft below) - you will need the budget form to go with it (affixed). That way if you have to enter an N244 at court you can prove you have been trying to come to an arrangement - you will also have your emails etc that have not been replied to.

 

 

Dear Sirs,

 

Mortgage Account NO:

 

Having been advised by Natwest that I must deal direct with yourselves and despite several attempts to communicate with you by email to which I have had no reply, I am now writing to you to formally clarify my offer to reduce the arrears on the above account.

 

I am able to offer £XXX per month in addition to the normal monthly payment and believe I can sustain this level of payment going forward. I have affixed an income and expenditure statement to underpin the proposal.

 

I trust you will afford me the courtesy of a reply to this letter, and I look forward to your prompt response.

 

Yours faithfully

 

 

XXXXX

 

Encs.

 

Send by recorded delivery and keep the receipt with a copy of the letter you can then print off the delivery signature from royal mail website a few days later - so they can't say they didn't receive it.

 

I will put your comments into the statement for Q.10 and let you have that tomorrow. Can you list the payments that have been made since the last hearing please.

 

At the moment I can only get on line during the day as my internet connection is down at home, so don't want you to think I'm ignoring you.

 

Ell-enn

Budget Sheet.xls

[gaz1967]

Hi Ell,

 

Thank you for the quick reply and no worries when you get back to me, the fact you do is a godsend! xxx Will speak to Ju later about you suggestion. In the mean time will get stuff to you later, as can't find the I&E so she prob taken paperwork with her today as she was going to phone them. Will draft the letter also, try and get as much prepared for whatever is going to happen!

 

Hope your internet problem is resolve soon, feels like I lose a limb when I have problems grr!

 

Best Wishes

 

Gaz

[gaz1967]

Hi Ell,

 

Just a quick question. Had chat with Ju about waiting to see what will happen at the hearing and she has the same reservations as me about what powers we have if we wait? Have drafted letter you sent, thank you, and will send according to th details you specified. Still no response from Irwin Mitchell to emails, so should we bother phoning them? Personally I think that documented evidence will carry more weight than a phone call?

 

Many Thanks

 

Gaz

[Ell-enn]

Hi Gaz, I can understand your reservations about hanging on till after the 24th. However, the only "power" you have is that of lodging an application at court, be it before or after 24th.

 

It is not guaranteed that they will serve an eviction order after that date (I have known it be several months before that happens, and only when there have been no payments made), and the longer you don't hear from them the better for you really, as you will be making payments during that time and therefore showing that you are commited to reducing the arrears.

 

Do not telephone them, you will have no proof of the conversation. Send the letter as soon as you can by recorded delivery. You need to get that on file in case we need to defend an eviction order.

 

Stay positive,

[Bona]

Ell-en is right wait you will have several months after the 24th and if you are paying they will probally just let it go the longer it goes on the longer you have to make payments and that will look better for you when you apply to have the warrent suspended if you are worried ring the court after the 24th once a week quoting the case number and ask if they have applied for a warrent of eviction they cant do that untill after the 24th so no point in doing anything before

[gaz1967]

Hi Ell and Bona,

 

Hope the sun is shining there too!

 

Will speak to Ju about it later and sending the letter today. Payments have been made up until the debt management plan was canceled approx 1 month ago. So what should we now do with regards payment and who should we make it to? Reason I ask is obviously we want to ensure this looks favourably on us and we are doing what is necessary to prove our good intent, to the court if necessary.

 

Also did the I and E sheet using the flash based form, but would prefer to do one where we are able to put in the figures and arranged payments, rather than this one that calculates for you as doesn't accurately reflect how we have sorted it out. I am happy to send you this one anyway, but if you know of any other alternatives could you please let me know?

 

Many Thanks

 

Gaz

[Ell-enn]

Hi there, affixed is a budget sheet.

 

You could send your first payment including the amount towards the arrears with the letter. Just add a sentence at the end of the letter saying "Please find herewith cheque for £XXXX which represents the normal monthly payment and arrears payment. Please forward by return a Direct Debit form for future payments".

 

Important: on the back of the cheque write clearly and boldly the mortgage account number and your name.

 

Kind Regards

 

Ell-enn

Budget Sheet.xls

[gaz1967]

Hi Ell,

 

Doh! Already sent letter but can send another maybe tmoz? Will do recorded delivery too?

 

Many Thanks

 

Gaz

[Ell-enn]

Hi, did you send the I & E with the letter?

 

You should send another letter with the cheque tomorrow - recorded or special delivery.

 

Dear Sirs,

 

MORTGAGE ACCOUNT NO:

 

"Enclosed herewith cheque for £XXXX which represents the normal monthly payment and arrears payment as adsvised in our letter of XXdateXX.

 

Please forward by return a Direct Debit form for future payments".

 

Yours faithfully,

 

and don't forget to write account no and name on back of cheque - keep copy of letter and write cheque number on your copy.

 

Ell-enn

[gaz1967]

Hi Ell,

 

Yes did send the I and E with letter, and its a loan not mortgage just in case you needed to know . Will send letter and cheque tmoz in accordance with your advice.

 

Many Thanks

 

Gaz

[gaz1967]

Hi all!

 

Latest update, solicitors wrote back and seems Natwest are always open to discussions lmao! Sure thats why they told us to go thru their solicitors! Anyway after a letter indicating that an instalment plan would be acceptable from Irwin Mitchell and a very good conversation with a guy there we have been talking to throughout this, Irwin Mitchell are strongly advising Natwest to accept our offer and have said to us off the record that we should appeal immediately if they don't. Seems we have been hard on the solicitors in error as we thought it was them who represented Natwest in court but it wasnt and when we told them of the financial irregularities and goings on they said that we should rigorously pursue them against all partyies (although you would expect a solicitor to say that lol touting for business possibly?)

 

Anyway it looks as if things are coming good and your advice all the way through has been spot on!

 

I really can't thank you all enough! xxx Juliette for the first time in months is believing that there's a way out of this and although I believed it all along ( albeit tenuously) it is your help and support that has given us hope.

 

I started a new life with Juliette a few months ago and it has been tough to say the least but now it seems that we can hopefully plan a future rather than dealing with stuff that didnt really allow us too.

 

Will keep you all updated and will support and recommend this site as much as humanly possible.

 

Love Gaz and Ju xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx