Nemo - Repossession hearing please help***SUSPENDED***

[isoprox]

I have a re-posession hearing this thursday,

i took a secured loan on my property back in 2006 which I was paying ok

 

I took ill later in that year and got behind with payments in 2007,

however in feb 2008 the loan compay sent out a financial advisor to see what could be done with paying off the arreas,

we agreed to pay an extra £35.00 per month ontop of the payment of £252.00,

 

i didnt realise but in july and August this year we missed the payments,

we have been making the paymets every month apart from them two,

 

I tried to come to an agreement but they wont have it,

 

I have received the forms from the courts and have yet to fill them in,

 

im in despair plese help, I have three children under 11 and a wife with nowhere else to go.

[42man]

Isoprox....

.mention at the hearing that you have children in the house under 11,

it is highly unlikely that a judge will grant this,

as they have received direction from above within the last 7 days to avoid allowing repossessions.

 

You might have to explain why you missed those 2 payments..

...you could possibly explain that you are querying some excessive charges/PPI that was added

(without your consent) that have been added to the account and that you are looking into those at the moment.....

 

- Repossessions must be a 'last resort'

 

http://www.consumeractiongroup.co.uk/forum/repossessions/172173-how-lenders-go-about.html

 

Also please tell the judge that despite you trying to arrange repayments, they have refused...(make this clear to the judge - he/she will not be happy).....

 

And in light of the fact that they have refused to negotiate, ask the judge to pay your costs too.....take a sheet with you headed LITIGANT IN PERSON COSTS and write down £9.25 per hour for your costs, Petrol, Parking and mileage at 40p per mile......they are being unreasonable in not talking to you about repaying, whatever has happened before...don't forget to metnion excessive penalty charges too, although this issue will not be covered at this hearing (this will only be concerning the repo order)....

 

Might also be a good idea to take an income and expenditure breakdown too to show you are willing....

[pt2537]

I have a re-posession hearing this thursday, i took a secured loan on my property back in 2006 whic I was paying ok until I took ill later in that year and got behind with payments in 2007, however in feb 2008 the loan compay sent out a financial advisor to see what could be done with paying off the arreas, we agreed to pay an extra £35.00 per month ontop of the payment of £252.00, i didnt realise but in july and August this year we missed the payments, we have been making the paymets every month apart from them two, I tried to come to an agreement but they wont have it,I have recieved the forms from the courts and have yet to fill them in, im in despair plese help, I have three children under 11 and a wife with nowhere else to go.

Ok,

 

Firstly very very important, do you have a copy of the agreement for this loan?

 

If you do can you post a copy on here please so we can take a look at it to see if its defective

 

if its defective you can apply to have the current proceedings stayed and seek to make an application for a declaration pursuant to section 142(1) CCA 1974 and additionally an order pursuant to s106© Ordering the lender to remove its charge over the property

 

additionally if the contract is flawed you can, under s106(d) CCA seek to recover all monies, yes ALL monies paid towards the security

 

so its important that we know what the agreement is like

[42man]

Excellent Pt.....very useful...

[isoprox]

Ok,

 

Firstly very very important, do you have a copy of the agreement for this loan?

 

If you do can you post a copy on here please so we can take a look at it to see if its defective

 

if its defective you can apply to have the current proceedings stayed and seek to make an application for a declaration pursuant to section 142(1) CCA 1974 and additionally an order pursuant to s106© Ordering the lender to remove its charge over the property

 

additionally if the contract is flawed you can, under s106(d) CCA seek to recover all monies, yes ALL monies paid towards the security

 

so its important that we know what the agreement is like

 

Im not to sure where the document is, and Im running out of time

 

Im not to sure where the document is and Im running out of time, is it possible to postpone the hearing

[pt2537]

ok how much was the loan for?

 

it may help us establish if it is regulated by the CCA 1974

[isoprox]

£26,000.00

I have just been reading solicitors letter stating that no monies have been forthcoming

since a demand was issued back in 2007, which is rubbish as they sent me out a financial advisor in Feb 2008

which was added to the debt which I was not aware,

 

 

and we agreed to pay an extra £35.00 per month which I have now got all my bank statements to prove this,

 

 

and apart from July and August we are up to date with.

[pt2537]

£26,000.00

I have just been reading solicitors letter stating that no monies have been forthcoming since a demand was issued back in 2007, which is rubbish as they sent me out a financial advisor in Feb 2008 which was added to the debt which I was not aware, and we agreed to pay an extra £35.00 per month which I have now got all my bank statements to prove this, and apart from July and August we are up to date with.

ok so any PPI??

 

also did any of the loan go to paying off any other debts? when i say this i mean did the lender insist on such action

[jansus]

Sorry have I missed which company this is ? Sounds like one of the HML group the way they are acting - could be important

[isoprox]

Nimmo, I paid off a secured loan with another company and I was left with about1,500

[isoprox]

no ppi sorry i forgot

[pt2537]

Nimmo, I paid off a secured loan with another company and I was left with about1,500

Ok so was the paying off the secured loan your choice or was it something that the loan company insisted upon as a condition of the loan? basically was it your choice

 

this is very important

[jansus]

Were Nimmo the brokers? Who is it that are actually taking you to court.

 

ahh Nemo ? Part of the principality group .

if it is Nemo they are an off shoot of a BS - so unusual behaviour.

Edited December 8, 2008 by jansus

[Bona]

Ok they are going for possession on Thursday

1. have you kept up thje payments except for the 2 you missed

2. is the house in your nale or joint names

3 Is the original mortgage in joint names or yours only

4. what are the total amount of arreas

5. have you copies of letters to say you have tried to come to an agreement and there refusal

6. fill in the Budget sheet see attatcherd

 

we can fill in a defence a do a statement for you to take to court

[pt2537]

just in case its not clear where im going with my line of questioning

 

if you had a loan and you were required to pay £ XXXXX to repay an outstanding loan so the lender could ensure they held a second charge on the property and you also recieved £xxxxxx to use as you wish, then you would have a regulated credit agreement

 

which would then open up the possibility to plead that it was improperly executed as part of the agreement would be fixed sum unrestricted use credit and part would be fixed sum restricted use credit therefore if the parts were not set out correctly then the agreement would be improperly executed and unenforceable as it would fall squarely within s18 CCA 1974

 

then you could turn to S106© & (d) CCA 1974 to have the charge removed and recover all monies paid under the agreement

 

this is an absolute defence to such an action and one which i would investigate if this case was laid before me at work

Edited December 8, 2008 by pt2537

[isoprox]

yes we have kept up all the payments apart from the two in july and august

the loan is in both our names, and also the first mortgage is in both names we alos have another secured laon with welcome in both names,our first mortgage we about 87000, nimmo is 30000 with all the interest added the welcom is about 26000 and the house is probably worth about 100000 in todays market value.The e areas are£5,281.00, I have one copy of a letter that I sent to Morgan Cole Soliciters, but it wasnt recorded.

The secured loan I paid off, I was made to they wouldnt lend without them paying that one out leaving me with the remainder.I havhee found a copy of agrrement but it doesnt say regulated it says secured by legal charge or standard security non regulated. Im worried that I havnt filled in the defence forms the court sent and I am in court 10.30 on Thursday 11/12/2008

Thanks for all your time and help with this

[Bona]

Have asked Ell-en to come and help when she comes on line

Have you done the Budget sheet

[isoprox]

i have done my own, as i couldnt find the one on her can you please post me one thanks again

[Bona]

OK Ells of ilne a probem with her connexction sit tight and I see what I can do I have to pop to school in a mo but will be on line this evening or later this afternoon

[isoprox]

Thanks I could do with help fast as I said the hearing is at 10.30 and I havnt even got the formes back to the court which Im worried about, I was wondering if the case could be adjourned

[Ell-enn]

Hi there, is very unlikely that the other side will agree to an adjournement. I can do you a statment to take to court with you tomorrow as you have not filled in the defence papers and returned to court in time.

 

I have affixed the budget sheet which you will need to complete to go with the statement.

 

I will be on line this evening and can work with you on this - as long as you have a printer and can print out what I send you.

 

As long as you have an income and can pay even a small amount towards the arrears you will get possession suspended.

 

Kind REgards

 

Ell-enn

Budget Sheet.xls

[isoprox]

Thank you ELL-ENN

I dont have a printer at home but I will stay at the office until after five so I can get this sorted, the case is not till thursday at 10.30.

The thing is we have kept up the repayments apart from july and aug along with the extra 35.00 ontop of the normal repayment.

 

I can also fill in the defence papers tonight and call at the local county court tomorow and hand it in before thursday morning.

what time will you be on here please

[Bona]

You shooud be abe to print out on Wednesday tomorrow then I suggest you fax it to the court if you can then its on fie before the hearing

[isoprox]

what time will Ell-een be back on does anyone know

[Bona]

shes on line know if you have aprobem PM her