Eviction date of MOn 15 12 2008 - with only 5 working days notice? ANy help much appreciated!

[sophouse26]

Hi there

well, to cut a long story short I have a SPO over my house and due to demotion at work and lowered income, as well as my boiler packing in, I have been unable to keep up repayments. I agreed an extra £300 per month towards the arrears as EDeus advised this was the bare minimum they would accept. I did not get any legal advice ( silly I know!!). Anyway I have been unable to keep up the payments/arrears repayments and now have an eviction date of 15/12/2008 ( I only recieved it this Monday!!) 7 days notice is this right? Though the warrant says 13th Nov - so why so long to come through? I am now panicking as I have a 7 year old child with me. My partner has offered to move in and take over the arrears as £250 per month ( this menas they will be clear in under 5 years and still 24 yrs left on mortgage). My mortgage has been taken over by DB MOrtgages ( I think Edeus went bust!!) and as my income has now gone up, I have offered both verbally and written the new proposal of £250 per month plus normal payments. DB have point blank refused as previous agreements have lapsed and they do not respond in writing to anything!! When they first took over I was sent a letter with no contact details on telling me not to make payments to Edeus anymore and to wait for them to get in contact. THere was no telephone number on this letter and no new bank details provided. THey did not get in contact until 11/11/2008 at which point 2 months was owed! They have said they want 50% of the arrears which is approx £5000 to stop possession. Obviously I cannot afford this, I think my proposal was fair and I sent a budget planner to show them my affordability. I even put my partner on the phone who offered to give them card details to store to guarantee future payemnt and they refused! I am now at my wits end as how can I find a home for myself and my daughter and move in in 5 business days? Is there any hope left for me?

[sophouse26]

Also has anyone else had such ahrsh dealings with DB mortgages? they have not offered any help or advice to me. I have had no info on what to do when your home is repossessed and when I try to speak to someone I got told by an advisor that they cannot do anything as an account manager makes the decisions. WHen I ask to speak with an account amanger I get told one will call me back adn then never does or the same advisor will phone back telling em the account manager is not willing to accept anything else. I thought things were supposed to be changing and as I can easily afford my repayments and arrears payments now, I thought they were supposed to be more wiling to work with borrowers to come to a solution. Edeus were much more understanding and easier to talk to , I cannot understand why DB are so harsh and they have only ahd the account 2 months!!!

[Ell-enn]

Hi there, sorry to hear yo are in this situation. You need to enter an N244 form at your local court asking for a hearing to have the eviction suspended. I can help you with this but it will need to be done and taken to the court today (tomorrow at the very latest) in the hope that you can get a hearing before Monday - are you able to be online to do this.

 

You can download the form here Her Majesty's Courts Service - Home Select Forms and Guidance from the menu on the left hand side and enter N244 in the box, you will then be taken to the page where you can download the form.

 

When you have done that, let me know and I'll write you a statement for Q.10 of the form which is the most important part.

 

Obviously we've not got much time so the quicker we get this done the better. Given what you have told us, I am confident that you will get a suspension.

 

Ell-enn

[LilyLou]

Sophouse 26

 

Please listen to Ell-enn and do as she asks, she helped my daughter last month to get the possession suspended, can't thank her enough.

 

Good luck and take care

 

LilyLou

xx

[sophouse26]

Thanks Ell-enn. Well after reading the forums I did put an N244 into the courts just now and have a hearing for 2.00pm today! I knew that time was not on my side and on the Q10 I did write quite a lengthy explanation and included a budget planner and a statement from my partner. Not sure if this will be info overload but was desperate and short of time.

 

Luckily I took it this morning as the judge is only in court today and I would not have had an appointment till next week which would have been too late!!

 

Do you think it is worth me contactnig the lenders again to see if they will listena dn take up the offer - surely this court business can't be doing them any good either??!

 

Well will keep you posted but feel very doubtful and not sure what I am going to do should the worst come to the worst ...can a family be house in 3 working days?

Thanks again Ell-enn. SHould things go against us aare there any other avenues of appeal once we have been evicted? Many thank

[LilyLou]

Just to wish you well this afternoon, hope you were realistic with your budget planner and arrears repayment as that is the key to the suspension I believe.

 

Take care and once again good luck

 

Regards

LilyLou

[OLIVE.FAMILY]

GOOD LUCK. The one good thing is hopefully the other side would not have time to find a decent solicitor to represent them.

 

I am sure you will be fine. Good luck and keep calm. We will all be thinking of you

 

olives xx

[Ell-enn]

Hi there, you won't be evicted. Did you quote the Norgan case law in your N244 statement? If not I will draft a statement for you to take to court with you this afternoon.

 

Ell-enn

[sophouse26]

Hi ell-en, no i didnt quote the norgan case law if you could then this may prove to be helpful

 

many thanks

Sophouse26

[Ell-enn]

OK, affixed is a statement to take to court. You need to fill in the info where there are XXXX's at the top (and obviously remove the XXX's lol) Don't edit the colums on the far right (Claimant and Defendant) and make sure when you print it out it all stays on one page. Just check I have all the fact right though - I've done it in a bit of a hurry. You will need to take three copies with you, one for yourself, one for the judge and one for the other side.

 

When you get into the hearing, ask the judge for permission to hand over your statement.

 

Also affixed is the Norgan case law take a copy with you to court in case the judge asks you if you know what it's about. (don't hand it to him with the statement!!!, keep it with your copy).

 

Good Luck for this afternoon - I'm sure it will be fine, just stay positive:)

 

Kind Regards

 

 

Ell-enn

Sophouse26 Statement.doc

Cheltenham & Cloucester v Norgan.doc

[sophouse26]

Ell-en just to let you know i did however quote that i thought the claiment has acted contrary to the guidelines set out in the civil justice council consultation paper-mortgage arrears protocol and the recent government guidelines for lenders seeking possesion which i have based most of my case upon hope this works!!!!

 

sophouse26

[sophouse26]

aaarrgggghhhh my stupid printer has deceided to have a fit and wont print anything at all i'm on my way in the next few minutes have you any advice????????

[jansus]

Hope it goes well for you

 

 

Another subprime lender !

 

I think CAG should be starting a concerted campaign to get these to act within protocol - as they obviously think they are above the government guidelines .

 

 

"Deutsche Bank has refused to comment on the long-term future of DB Mortgages after it confirmed that managing director Bill Dudgeon has been made redundant.

 

A spokeswoman for the bank would not say whether fellow directors Mark Bergin, David Parry and Paul Graham, who joined DB Mortgages with Dudgeon from The Mortgage Business in 2005, are still at the lender.

Dudgeon's departure comes as Deutsche Bank makes sweeping redundancies across the group, cutting 300 jobs in its global markets division. Money Marketing revealed in August that DB Mortgages had withdrawn its entire sub-prime range as a result of the credit crunch."

 

 

The above is from a financial magazine

[jansus]

aaarrgggghhhh my stupid printer has deceided to have a fit and wont print anything at all i'm on my way in the next few minutes have you any advice????????

 

 

Does the court have an email address you could send it to ?? or a fax?

 

Then you could email it to someone to fax through for when you get there??

[sophouse26]

Thanks jansus will try!!!! i am taking the documents on memory stick to see if i can print these out in the courts

 

Many thanks

Sophouse26

[jansus]

to be safe if you get time email them to someone you trust and then maybe as a last resort they could send them to the court.

[sophouse26]

Well goodish news everyone!!

 

I went to court tody at 2.00pm and indeed there was no representative from the other side, though they did fax a response which had a few questionable comments ( such as I hadn't been in touch with them before 13th Nov 2008!!??). Anyway the judge went through everything and siad 'quite' lots of times when reading my Q10.

The outcome was that he decided to ajourn the case until the first available date after 9th Jan 2009. He then said that as long as I made the payment on 1st Jan and the £250 arrears payment there would be no reason for him to proceed with the warrant. phew!

 

The otherside did say that they would appeal any outcome other than eviction so I am not sure what they will do next but at least we have some breathing space now and can begin to get back on track!

 

I hate these sub-prime lenders! Edeus were in fairness excellent and very pro-borrower but DB seem to be going for the jugular wherever possible and completely ignoring any new gov guidelines. they truly believe themseleves to be above everything!!

 

THanks so much Ell-enn and everyone else for your support and fantastic advise. It goes a long way when people are this low.

The up-side is that as long as we stay on track for a few months our fixed period is removed and goes to a variable rate which is 2.25% above bank of engalnd base rate....if things stay low we will be £500 better off a month!!! I guess this is why they are trying to get rid of us quick??

[sophouse26]

Does this mean they are on their way out too?? Gosh our mortgage will be like pass the parcel!!

[jansus]

The otherside did say that they would appeal any outcome other than eviction so I am not sure what they will do next but at least we have some breathing space now and can begin to get back on track!"

 

 

How very considerate of them! They really do seem to think they are above the courts dont they! Why do they have to make it so difficult for people when a little consideration would go a long way.

 

 

Really glad you got a good result - and you can pass on the fact that it is very important to try and keep everything in writing and by recorded delivery as these companies will try and mislead and wriggle out of everything. Therefore the judge will need to look at your records in detail.

 

Well done again! it should give confidence to others who have hearings in the next few days.

[jansus]

Actually it might be useful for you as well to describe what it was like in the court in a bit more detail as it will be useful for others to know what to expect when they go .

 

If you dont mind:)

[Bona]

As the case has been adjourned they will wait for the outcome then appeal as long as you pay you will be safe

 

Well done

[Ell-enn]

Hi there, well done for being so brave. I'm sure when the next hearing comes around you will be ok. We can certainly put together a good statement for you, just make sure you make the payment as the judge said.

 

Ell-enn

[isoprox]

Great News ! I Feel A Little Better Well Done, Good Luck For Your Next Hearing:d

[LilyLou]

Have been watching your thread with interest, hearty congratulations:smile:. I am so pleased for you, I look forward to January when you and the judge give your lenders a kick in the ermmmmm nether regions !

 

All the very best for the future, new year new you !

 

LilyLou

x x x

[sophouse26]

Well the saga now continues!! Please if anyone is considering using a pime/sub prime lender do not do it!!

 

We have paid £1650 every month and have evidence to show the money going in every month as agreed.This morning we recieved ANOTHER DATE FOR EVICTION!!!

 

WE spoke to the mortgage company and as the banking system was slow this month ( due to bank holidays etc) the payment was 4 days late and they requested an eviction date!! We knew NOTHING about htis. we had no letters or phone calls to discuss the payment being late!!

This whole saga is very traumatic and this company make things as difficult to make payment as well! I needed to send proof of ID before they would accept my bank payment!!

We have had no written warnings or anything! What is wrong with these people???? I think now they are just after court fees or commission on their solicitors fees or something.

When I spoke with them they confirmed that they had recieved the payment but they are STILL going for the possession unless we cough up the £10,000 worth of arrears still outstanding before the 21st May! I cannot believe they go to these measures - It is unrealistic for us to pay this. We asked them why they would not cancel and the guy was not perpared to go into any kindof discussion he just kept repeating over and over again you need to pay £10,000 to stop this evicition!

This whole saga is hugely stressful and emotionally draining and each month we are having to live with the fear that there may be a glitch somewhere and we will end up back in court! Our rate drops in december and our payment goes down by 5% do you think they are trying to get our house before this date as they will not get as much money out of us??

Surely there must be regulations in place to support people in our situation who are paying and sticking to the order?

I don't want to have to go back to court again but this company are leaving me with no choice. As I am earning I can't afford a solicitor to support me with this, any advice or comments would be greatly appreciated!

has anyone else had a bad experience with DB?