Not sure what to do!

[icecreamman]

Just got repo letter today off eversheds, my account is in £4500 of arreas, was thinking of paying the court fee and having it stopped, the thing is i am real unhappy with my mortgage firm as my arreas started in 2006 when my daughter passed away, i told my mortgage firm of this but they were no help i just had to go to court luckily the judge was ok and payments were arranged, one year later my payments started to slip again and once again had to go to court this was thrown out of court as the details eversheds had were for someone else not sure if i received fees and costs for this? now recently my situation has changed again so i wrote and phoned my mortgage firm to discuss payments, they sent me a letter back saying they will not except and guess what all the details on the account are yet again for someone else, don't no what charge i would have received for this paperwork,

i shouldn't laugh at the mo but if i wanted to get a credit card in someone elses name then i think i could do it as i have all there details hehe!

i have 28 days to apply to the court to stop this action being taken on my property, the thing is i really want to sort out this shoddy firm now, i am fed up with being on the phone for over half hour at a time only for the phone to go dead, i am fed up with receiving other peoples account details and proberly being charged for them god if only they knew! and most of all i am fed up of these damm charges!

What is your advice? oh and to name and shame the firm it is gmac!!!!!!

[Ell-enn]

Hi there, obviously you need to defend the action - if you need help with an N244 application then let me know.

 

Have you seen this request at the top of the forum? http://www.consumeractiongroup.co.uk/forum/announcement.php?f=197&a=133

 

Yours is just the type of case this guy is after......

 

The fact that they have sent you someone else's details is a great weapon against them and their shoddy practices.

 

Kind Regards

 

Ell-enn

[icecreamman]

phoned number, doing an interview!

still got same problem though, can anyone advise?

[OLIVE.FAMILY]

Hi icecreamman. You say eversheds are your solicitor, who is your mortgage company though.

 

olives xx

[Ell-enn]

phoned number, doing an interview!

still got same problem though, can anyone advise?

 

Good Man

 

When you say you have repo letter - what exactly have you got - is it an eviction notice?

 

Ellx

[Bona]

Are we talking about \gmac using eversheds have you a solictors name

GNAC are Bastereds

See the note above the forum re Channel 4 Jon o is out to get GMAC;)

I have fought them for years and WON

[OLIVE.FAMILY]

Ignore this

[OLIVE.FAMILY]

phoned number, doing an interview!

 

Me Too. Snap.

xxx

[icecreamman]

Hi yes sorry!

I have an eviction notice which was sent from eversheds? the solicitors name is mark smith acting on behalf of gmac, they are looking to repo my property though i am going to fill out application to the court in order try and keep things going, the thing is though, i really want to get my teeth into them and hopefully make a claim as they have had me in court before which was thrown out as the details were of someone else, not sure if i was charged, also they have sent letters which have other peoples details on, not sure if i was charged etc etc

At the end of the day i would like to keep my house and get these charges back, some are due to me, some are due to other peoples accounts and the sad thing is gmac have broken the data protection act and in addition to this, the letter i got recent was one for a guy who gmac would not except his offer of payment , the poor guy has proberly lost his house now as he would have been un aware gmac didn't except his offer as i have got his letter!!!

[Ell-enn]

Blimey, you need to report them to Trading Standards, the FSA and anyone else who will listen re the data protection violation.

 

If you are entering an N244 I can help you with Q.10 as this is the most important. You will also need to complete a budget sheet to go with it to prove you can make the payments towards the arrears. I have affixed a budget sheet for you - it's best to complete one in pencil as a practice to make sure you get your figures right before filing in the final version.

 

You can download an N244 here : Her Majesty's Courts Service - Home.

select Forms and Guidance from the menu on the left hand side and then enter N244 in the box. You will be taken to the page where you can download the form.

 

Kind Regards

 

Ell-enn

[icecreamman]

Hi Ell-enn!

Thanks! i don't have a printer, so i'll get the form over the phone from the court as i have had to before and i'll mail you if i can as this is not my first time in court so i think i may need to do a real good job and i know you are experienced in this sort of thing,

And yes this is real bad about what gmac have done, i have received charges which are not due to my account and other people have got in deeper trouble as i have had there letters and they are proberly un aware! yes i would like to report them,

how do you think i should try and get my charges back? at the court hearing? or in the traditional manner you use?

Edited September 9, 2008 by icecreamman
added extra sentence

[Ell-enn]

Hi there, where are you with the N244, are you ready to complete - do you need help with the statement for part 10?

 

Ell-enn

[icecreamman]

Hi Ellen!

I have just received my paperwork through the post and will start working on the form tomorrow, so i will stay in touch if possible? in addition to this i was wondering if i could put a small claim in at the hearing as i think the whole thing is a shambles and should not be happening, what i mean by this is as you know i received another persons paperwork(which i will take with me) now how do i know that this case is not based on his income expenditure etc which in his letter which i have was not excepted by gmac? if this is the case then i should not have to pay for solicitors fees etc etc or even be at court!

Just to let you know that i phoned gmac the other day again to try and resolve some of my problems with them but all they were interested in was the other persons details i had and also the court appearance i turned upto before which was thrown out of court as it was of someone elses details, there was no talk of reimbursting me for there mistakes which i have had to pay for, i took the persons name and they said that they would get a manager to call me, i said definately and she said yes, nobody called! i have not spoken to a manager yet though on several occasions i have been told they will call me, they will sometimes pass you over to a supervisor but if its a manager its always a call back which in my case never seems to happen how bad is that!

Anyway Ellen are these cases soley for stopping repossesions or could i try and get a few fees back here?

[Ell-enn]

Hi there, I'll be on line most of the day and this evening, and over the weekend so I'll be able to help you with the N244. You need to get the eviction suspended first before you think about claiming back charges. We can certainly put the matter of the other customer's details being sent to you in your statement.

 

I would advise you not to speak to GMAC on the phone at all, if you want to make them an offer of payment towards the arrears it would be best to write to them, that will show the court you have tried to come to an arrangement with them. I can draft a letter for you if you want.

 

Kind Regards

 

Ell-enn

[icecreamman]

Hi Ell-enn!

If its not to much trouble would you be able to help with a letter of offer to gmac ell-enn? whatever i seem to say or do does not work.

[Ell-enn]

Hi, no problem - I'll draft something this morning. You'll need to complete an income and expenditure statement to go with it though, (and also for the N244 when you submit it). I know you've said you don't have a printer, but is there anyone who could print one out for you? or does your library have an inernet and printing service? you could log on there and print it out?

 

Ell-enn

[icecreamman]

Hi Ell-enn!

Yes i could get this paperwork printed off no problem, i have currently filled out the basic parts of the form and only part of section three which i have just stated i'd like to stop a repo the rest of section thrree and section ten i have left for your good advice.

Many thanks

icecreamman

[Ell-enn]

Hi there, sorry for the delay, I've had family for dinner today. I'll get the letter to you shortly, then we can work on the N244.

 

In the meantime budget sheet affixed (need it to go with the letter and the N244)

 

Ell

Budget Sheet.xls

[Ell-enn]

Hi, suggested letter:

 

........................................................................Your Address

 

Date

 

Their Address

 

 

 

Dear Sirs,

 

MORTGAGE ACCOUNT NO:

 

I am in receipt of the Warrant for Eviction NO XXXXXX in respect of the above account and I am writing to you to ask if you will suspend the court action and accept my offer of payment as follows:

 

I am able to make payments of £XXX each month towards the arrears in addition to the normal monthly payment of £XXX. The first payment to be made on XXXdateXXX. I have affixed an income and expenditure statement which supports my offer of payment.

 

I look forward to your prompt response.

 

Yours faithfully,

 

 

XXXX

 

Make sure you put your name and mortgage account number on the budget sheet.

 

We will keep the matter of your receiving other people's details for the N244 and I will post the text for Part 10 shortly.

 

Kind Regards

 

Ell-enn

[Bona]

Mark Smith is a partner at Eversheds when you get there statement which will arrive a couple of days before you need to check it very carfully they will have put on there costs and the arreas and will say it is part of the arreas. I had far more arreas than you and we kept our house untill we decided to sell

[Ell-enn]

This is how to complete the N244:

 

 

1. Your name (both names if the mortgage is joint)

 

2. Tick Defendant

3. Suspension of warrant for eviction - 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 Attached Witness Statement

 

Cross out all options except We Believe

Sign and cross out all options except Applicants

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

 

 

I just need a few details for the statement:

 

 

What was the reason for the missed payments since the last court hearing?

How much can you afford to pay towards the arrears each month on top of the normal monthly payment.

 

 

Also you will need to get photocopies of the letter you wrote and the reply you got with the other person's details. We need to attach them to the statement, and also the letter you are sending tomorrow (it will have to be by special delivery so they get it Tuesday).

 

 

Ell-enn

[icecreamman]

Hi ell-enn

Just to let you know i received your mail and will be writing it up straight away:-)

Could you advise though, is this letter to be taken to court with me or sent to gmac?

p.s thank you Bona for your input also, all your help is greatly received:-)

[Ell-enn]

Sorry, I probably didn't make that too clear -

 

Send the letter with the budget sheet tomorrow by special delivery, so they get it on Tuesday.

 

We can then complete the N244 ready to take to court this week so you should get a hearing next week. We will attach copies of all the letters you have written and that you have recieved from them to the N244.

 

Hope that's clearer:)

 

Ell

[icecreamman]

Hi Ell-enn!

My reason for getting behind in payments were due to a lul in work, and the amount i can afford to pay on top of my payments is £100 this will be going on my new increased payments which start on the 1-10-08 (end of 2 year fixed)

With regard to the original request from me, i do not have it as i sent it to gmac, i do have the other persons letter received in return though

[Ell-enn]

Hi. Ok - I will make a start on the text for Part 10 of the N244.

 

 

Ell-enn