repo order cancellation

[fool on the hill]

Hi

I am helping friends whom i find have been put through the wringer and court by GE Money for mortgage arrears.By 200 + phone calls [injunctional harrasment] and other flouting of the protocol GE pushed them into shock.

Without taking advice no defense was offered ,they just showed on form N11M that apparently the mortgage was unaffordable. The judge had little option but to grant a 42 day outright possession order for mid January .

 

Now a detailed rework of expenses shows they can afford the mortgage and pay the arrears off over 4 years. Rather than live under the stress of an instant action suspended order, with other help they can repay all the arrears now and go for a cancellation at court.

Do we do this via form N244 ? Would a direct approach to GE be of any use to save on court costs? I guess not .

I assume the order will not be placed on the Register of Judgements etc so speeding their credit repair .

Also GE seem to be adding charges to the arrears not the principle .

 

Thanks in anticipation of any help.

[Ell-enn]

Hi there, you can apply to the court to have the possession suspended on an N244 form which you can download 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. If you need any help with Q.10 (the most important part) please let me know.

 

They should also complete a budget form to go with the N244 and I have affixed one to this post.

 

Kind Regards

 

Ell-enn

Budget Sheet.xls

[Markiemark1]

OK, as I read the post you are saying that all the arrears can be cleared immediately. In that case I would apply to the court to change the Order from a 42 day outright order to a suspended order based on the arrears being paid within x days. Once the arrears have been paid, then you can apply to the Court for the Order to be set aside, the claim dismissed etc.

 

In any event in order to evict the borrowers GE would have to apply for a warrant, which would be suspended if the arrears were cleared.

 

You are right in that the Order is not recorded.

 

Hope that helps

 

RM

[fool on the hill]

Hi -slight delay due to festivities .

Repoman thanks for the reply . I understand your suggestion but want to avoid two court hearings . Could we not in N244 Q3 state 'cancellation of repossesion order',file the form plus attachments , obtain a hearing date,then immediatly pay arrears by bank transfer so at the hearing all arrears are cleared - the judge checks the mortgage is affordable and cancels the order there and then?

 

Ell-en, thanks to your [and other CAGers ] brilliant work i had already found the form, and done a budget sheet etc ready for the suspension route. Its only late on Tuesday night i thought of cancelling the order hence my somewhat unclear post - too much cider .

In pre CAG days I spent many stressfull 'sword of Damaclees' years under a suspended order not realising it should have been cancelled when the arrears were paid off. Lenders hide this fact. Hence i am anxious my friends don't do the same.

Incidentaly the download form is N244 Application Notice [05.08] but the local CAB are handing out version N244 Aplication Notice [6.00].This is very different with the whole of the reverse side available for evidence .Is it an earlier or later version ?

Also i have just heard mention of a money order with the order for possession. What is it ? I dont think they have one - what do we look for?

 

Happy New Year All

[Ell-enn]

Hi there, as far as I am aware the version on the HMCS site is the version which should be used and has Questions 1- 10 to complete. The previous version had Parts A,B & C (no numbered questions) and is no longer used.

 

What date is possession due to take effect?

 

If they can pay the arrears now then they should do that without question, then as you say - if you apply for a hearing you can show that the mortgage is affordable going forward and that the possession order should be cancelled.

 

If you need any help with the text for Q.10 of the N244 please let me know.

 

Ell-enn

[fool on the hill]

Thanks Ell-en.Just what we wanted to hear. I will use latest version. CAB must be using old stock. Possession date is 15/1/09. Funds will be in GE's account by 8/1/09 . Will brush up paperwork over weekend .Would like to get Q10 answer to you for scrutiny. How do i do that?

Want to deliver to court on Monday 5/10/9. Any advice re money order ?

[Ell-enn]

The claimant can ask the court for a money judgment to be registered against you. This allows the lender to recover all of the money owed under the mortgage, not just the arrears. You should ask for this to be changed in your application as the arrears have been cleared and you can prove the mortgage is affordable going forward.

 

Ell-enn

[fool on the hill]

Hi Ell-en. Have now seen their order for possession.The court made a mistake and never posted it! I think they are overun. It had to be picked up by hand this week and states the court orders that:

1] the defendant give the claimant possession of ------

2] the money claim is adjourned generally with liberty to restore

Is this a money judgement ? I read it as because possession has been granted the money claim for all the mortgage is ajourned .If the house sale does not cover the mortgage then the money claim can be restored to recover the shortfall .Is my interpretation correct?

No rush-signing off for tonight-bye.

[Bona]

yes I think you are right yor friend has not as yet got a monatry judgement against her

[Markiemark1]

You are absolutely right regarding the money judgment...it's adjourned generally. For information any money judgment given as part of possession proceedings aren't registered until the claimant looks to enforce it, so won't affect credit ratings etc.

[fool on the hill]

Hi Ell-enn Can you email your opinion re our N244 Q10 answer etc that i sent on Wednesday or has it become lost in the ether . My friends are still on edge despite the payment being actioned yesterday. We want to file with the court on Monday.

Your work is much appreciated. I see you all over this secured loans /repo site. It seems you rarely sleep or eat!

[Ell-enn]

I couldn't read your attachment, I've sent you a PM - go to your User CP and you will see it...

[fool on the hill]

thanks.have to stop now .will reconnect in the morning .

[fool on the hill]

hi ell-enn

i have resent the attachments you could not open. hopefull at least the word doc opens. would welcome your opinion .

thanks

[Ell-enn]

Hi there, I've read the doc now. Is this statement to accompany their N244 Q.10 statement? - while it is good supporting evidence, they will need to do one themselves- I can draft one for them if you need me to? we need to quote case law for the judge to consider.

 

Ell

[fool on the hill]

Hi All - Just a post to tidy up this thread.

A telephone call to GE confirmed the arrears payment had arrived 3 days before the repo date. Ge stated they would not request enforcement provided future monthly payments are received. No cancellation or suspension was offered. It was obvious they want to stay in control and go for eviction at short notice if needed.

As Ell-en thought there was a 30% chance of not cancelling the repo order in court we decided to delay the N244 for 1 or 2 months to allow more evidence to acrue showing the mortgage was now affordable. Also in late January there will be an unexpected further reduction in expenditure so creating an even stronger case against GE who will no doubt contest it .

My friends are so relieved at not loosing their home and now sleep at night. It would be all too easy to relax, live life and forget the lenders can threaten to jump to eviction if any problem occurs. I urge others who clear their arrears to go to court for cancellation of the order.

 

So in a few weeks chapter 2 starts.

 

Many thanks to the CAG particularly the amazing Ell-enn for the help so far .

[Ell-enn]

Hi, well that's a relief for the time being. I agree you're right in waiting until some payment history can be produced and evidence of affordability.

I hope your friends can now relax a bit - they are very fortunate to have you as a friend (but I'm sure they know that)