GMAC/Wave lending- repossession **Tried twice we won both**

[lizzyjc]

thanks for your help.x

[lizzyjc]

Hi hope i have posted this in the right place.xx

[MARTIN3030]

Yes will flag this up for her-whats the story ?

[Ell-enn]

Hi Lizzie - this is your original thread http://www.consumeractiongroup.co.uk/forum/showthread.php?273466-28-day-possession-order&highlight=

We'll carry on from where we left off there.

[Ell-enn]

Hi Lizzie, thanks for your PM. I understand you have taken an N244 to court to get a hearing on Wednesday and we need to do a more comprehensive statement for you to hand to the judge.

 

Firstly, can you complete the affixed budget sheet which will need to go with the statement - remember that the amount you are offering towards the arrears is the amount left over after everything else has been accounted for.

 

You will also need photocopies of any proof you have of recent payments made and letters you have sent or received regarding the payment arrangement you offered them. Please let me have a list of what you have available to photocopy so I can refer to them in the statement.

Also, what was the reason for the arrears occuring after the suspended order ?

Budget Sheet.xls

[lizzyjc]

Hi

I am unable to open the budget sheet??

As for arrears well they were paid off completely last december to stop an eviction.We then intended to pay monthly etc etc.Then our tax credits were stopped due to a mistake and the tax office changed my husbands tax code.Also my income went down a bit as i was training as a teacher.All of these things saw us get behind within the first month of the year.In july they applied to the court.We didnt attend as we was too scared (stupid),the judge granted 28 day possession plus money order for all costs etc.When i contacted mortgage company and their solicitors they didnt mention costs etc just arrears needed to be paid.In september i was told if i could clear arreras they wouldnt apply for evicition and we could come to an arrangement for the costs etc.This was the first time i had been told anything about the costs.We was unable to pay it so they applied for the warrant which has taken 6 weeks to arrive.Two days before it arrived we received the 28 possession order from the court for the first time.

We have maanged to pay 3500 off of 5300 arrears.

I called today to try and come to an arrangement but he wanted statements,payslips etc,something never been requested before ,nor in september had we been able to clear them.

It is in joint names and we have two children aged 14 and 5 years.The youngest is due to have his tonsils out on 18th nov which although not a major op requires 2 weeks at home after as can be bad afterwards.

We was proposing a suspension.We could even at a push pay decembers payment up front???

let me know if you need anything else.

xx

[Ell-enn]

OK, I'll draft up a statement, but you really need a budget sheet - I have affixed another version to see if you can open that.

Budget Sheet.pdf

[lizzyjc]

yep i think thats better.Many thanks for helping.xx

Do the mortgage company really need statements etc.Also if they were willing to accept monthly payments for charges etc why wont they now ??

Also i am not sure if the charges are correct anyway.

I will be back online later so will check your responses.xx

[Ell-enn]

How much are the actual arrears ? by arrears I mean missed monthly payments - not charges.

 

How much have you paid towards the arrears since the last hearing.

[lizzyjc]

Hi.They were 5365.84.paid 3500 exactly.

could pay another 300 if necessary.

xx

[Ell-enn]

So the actual arrears are now 2865? how many months payments does this represent? Also,have you filled in the budget sheet, if so - how much are you offering to pay each month towards the arrears?

 

Are you now working as a teacher?

[lizzyjc]

No the arrears are around 1800 now,just over.

We are offering 150pm.

yes now qualified as a teacher.

xx

[Ell-enn]

No the arrears are around 1800 now,just over.

We are offering 150pm.

yes now qualified as a teacher.

xx

 

Sorry my mistake £1800 arrears (been a long day!) How many months payments does the 1800 represent ?

 

Before I can complete the statement I need you to confirm you have:

 

Proof of the £3500 you have paid

Proof of your income and teaching job

Also, do you have any statements showing the charges they have added?

 

How much are they claiming the arrears are?

[lizzyjc]

Yes i have proof of my job.

They are saying the arrears are what i have stated claimed for charges etc before.

Not sure about statements regarding charges.

Arrears add up to 3.5 months.

xx

[Ell-enn]

OK, the statement is affixed. You need to enter the information where there are XXX's at the top and also in other paragraphs (remove the xxx's). When you print it out, make sure the printer is set for A4 paper (not letter size).

 

On the proof of £3,500 payments made, write the claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on the proof of job - which will be Appendix 2 and also the Budget sheet which will be Appendix 3.

 

Assemble as follows:

 

Statement - signed

Proof of payments made - Appendix 1

Proof of job - Appendix 2

Budget Sheet - Appendix 3

 

This forms the pack to take to court. You will need 3 sets, one for the judge, one for the other side and one for yourselves to refer to in court. Staple each set securely.

 

Any questions, just shout.

 

Ell

Stephaniex N244 statement Nov 10.doc

[lizzyjc]

Ok thanks you so much.xx

[Ell-enn]

Hi, you should get to the court as early as possible. On arrival ask the court usher if they can give your pack to the judge before the hearing. If they can't then don't worry - when you get into the hearing the judge will speak to you first (don't interrupt him!), when he has finished speaking, hand over the pack and say "Sir, may I give you an up to date statement".

[lizzyjc]

ok.will update wednesday.xx

[lizzyjc]

Hi.Just to let you know it was SUSPENDED.!!!!

Judge lovely,even mortgage company solicitor was a nice guy.

Phew!!!!!

Never want to be in this position again.

I must stress that the court situation isn't scarey atall but as you are anxious you can't help feel worried.

Thanks Ell-enn and sorry for all my messages.

Donation to CAG on it's way.xx

[Ell-enn]

Brilliant News! Well done for being so brave (told you it would be ok)

Hope you can now relax