help please? reposession order for the 18th Feb 2009

[dehowletts]

Hi - firstly apologies if this is in the wrong place!

 

I don't really know where 2 start how much detail etc to give? In a nutshell we went to court oct 2007 got a suspended reposession order things were still financially 'messy' and this week we received an eviction order for the 18th February (the day before my daughter's 18th birthday party) with no revisit to court so please HEEEELPPP!

 

I called the mortgage company who told me to call the solictors (theirs) i called the solicitors who told me to call the mortgage company.

 

We had a mortgage counsellor (supposedly independant?) out last week who told me on the phone he was there to help us as much as anything & then when i agreed to his visit it was a completely different kettle of fish. i've lots of q's around this as we were basically made to sign these forms even thought i told him at the outset that i was not prepared to sign anything.

 

Reading through the other posts i'm just hoping there's something we can do to buy us more time if nothing else.

 

So if someone could guide me in anyway I'd really appreciate it, thank-you in advance Claire

[brassed-off-2]

Hi

Try not to worry, we are going through something similar at the moment and understand how you are feeling, who is the mortgage company ? You need to submit a form n244 to the court, you will be able to find this on the hmscourts website, this will cost £35, but it should give you a chance to go before the judge and ask for a suspension or similar, I am sure the wonderful people on this site, like Ell-enn will be along shortly to help.

[dehowletts]

Hi B-O2!

 

Thanks i hope so there is NO way logistically or financially I could vacate this house even if i wanted to buy the 18th we've been here for 10 years and it's a 4 storey 'work in progress' - the mortgage company are Mortgage Express (Bradford & Bingley) who 'bought' our mortgage about 2 years ago

 

Cheers Claire

[Bona]

Firstly we need to know some information

!. when was the suspended possession order made

Is the Mortgage repayment or interst only, what are the repayments

how many have you missed to get to this stae

what can ou afford each month

have you done a Budget sheet

 

Please dont worry im sure we will be able to help but need the bigger picture

[dehowletts]

Hi & thanks.......;

 

q1. suspended possession order was made October 2007

 

2. Mortgage is £57000 interest only the rest (£114k) is repayment despite a request last March for it to be interest only (1 of the examples where the mortgage company has contributed to the horrible situation we're in)

 

3. We've missed 9 payments to date - the DSS were supposed to start paying some of our mortgage 9 months ago but the mortgage company took 4 months to return the forms and this was only after i posted the forms 3 times e-mailed them a PDF of it until finally involving the FSA to get them completed, i finally managed to get the DSS - after 20+ phone calls of not being able 2 speak to department promises of call backs etc to assess it and 2 weeks ago they told me that they had paid MC £4500 but MC are claiming only £460 has been paid. according to the 'MORTGAGE COUNSELLOR' (I'm really unsure about this role and VERY SUSPICIOUS of the forms we had to sign & i even asked him about the N244 forms after reading this forum and he told me i didn't need to complete 1!!?? V suspect does anyone know anything about them?)

 

4. The amount we can afford each month is just what the dss - £500 are paying until we both get work again (we were a £50k a year household until we both lost our jobs within a month of each other) but family have said they can help with most of the rest owing if i can get everyone to agree on the figure.

 

Thanks again Claire

[Ell-enn]

Hi there. OK - you need to download a N244 form from 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 can then go to the page where you download the form.

 

Print one off to "practise" on before we complete the final copy. I will guide you through completing the form and can write you a defence statement for Q.10 of the form which is the most important part.

 

You will also need to attach a budget sheet to the N244 showing your income and expenditure. I have affixed a budget sheet to this post.

 

Do you have copies of any letters you sent asking for help? i.e. change to interest only?

 

You say you can only afford the £550 the DSS are paying - how much is the normal monthly payment? There is some case law we can use asking for reduced payments over a short period of time to allow you to find work. Have you any interviews lined up at all?

 

Incidentally, what were the forms the "counsellor" asked you to sign? I hope you have copies of them??

 

Don't panic - there is always something we can try.

 

Kind Regards

 

Ell-enn

Budget Sheet.xls

[dehowletts]

Hi Ell-enn

 

Firstly thank-you for your prompt reply and the information, is it N244 or N244 (cc) I need to download please?

 

I have my letter of complaint PDF (attached) and as I e-mailed and posted it I can proove that they received it.

 

I have the letter they sent confirming what the interest only payments would be (but when i called to request this i was told that I couldn't due to payment history)

 

The usual payments fluctuate at the moment but around £1100.

 

No I didn't get a copy of the forms - infact the more i think about it the more suspect the meeting was,

 

Best Regards

 

Claire

[Ell-enn]

Hi, this is the form http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

 

I'll have a think about what to put in the statement - in reality the lender should have converted the mortgage to interest only given that you are both unemployed - the DSS payments would almost cover that each month.

 

I'll give you the instructions for completing the form when it's clear what we can put in the statement.

 

In the meantime, it might be a good idea to write to them asking them once again to reconsider changing to interest only (it will give the court something else to consider) you would need to send it special delivery tomorrow though . If you need me to draft a letter, please let me know and I'll do it in the morning.

 

Kind Regards

 

Ell-enn

[dehowletts]

Hi Ell-enn,

 

Yes if you could draft me a letter that would be fantastic.

 

I've been having a think about my defence, I don't know what's useable but these are some of the factors:

 

• MC say that i haven't paid for 13months but up until April 08 I was up to date
  
• MC say they've only received £550 from DSS but DSS told me that they were paying £4,500 I've tried to speak to DSS mortgage department but yet again despite leaving several messages no-ones called me back and they won't put me through directly
  
• this mortgage 'counsellor' had to submit a report to the MC? forced us to sign forms they had yes / no tick boxes on them none of the boxes were ticked yet he insisted we sign, despite that before we even started going through details with him i said that i didn't want to sign anything
  
• i asked him twice about the N244 form and each time he said it wasn't necessary!!??
  

When do i need to get everything to the court by please in order for them to consider giving us an extension on the eviction date?

 

 

Thanks again for your help I'm truly grateful Claire

[Ell-enn]

Hi there, affixed is the letter. You need to send it today by special delivery! not recorded delivery - I know it's more expensive but you need to make sure it gets there tomorrow. Ring up this morning and get the correct address and name of person or department to send it to - you don't want it to be passed around for a couple of days till it reaches the right place. Also send a copy to their solicitors (recorded will do), with a covering letter as follows:

 

Dear Sirs,

 

REF: (Whatever is on the eviction order).

 

Please find affixed letter sent to (lender) by special delivery today.

 

Yours faithfully,

 

 

XXXXXX XXXXXXX

 

Any questions, just shout:)

 

Ell-enn

DeHowletts 3rd Feb 09 letter.doc

[jansus]

Out of interest ( after you have the possession date sorted)

 

Did you sign a new agreement when the B&B took over your mortgage

Do you have any idea if any arrears fees etc have been added to your debt?

Do you have any written confirmation of what the DSS say they paid ( as that would make a big difference) and have you ever received a breakdown of the arrears which you agree?

 

Dont worry about this now - but come back to us when you have the immediate problem I hope solved:)

[dehowletts]

Hi Ell-enn,

 

Only just got my broadband back up (hadn't paid my bill in full but in part as i agreed with them and they still restricted all my services just when i REALLY don't need them too) grrrrrrrr!

 

Thanks for doing the letter 2 things will posting it tomorrow make a huge difference? and part of the problem with MC is getting ANYONE's name and as far as departments go it seems to vary everytime i speak to someone..... Should I just duplicate it? i have 2 actual names who responded to my complaint

 

Best Regards Claire

[dehowletts]

Hi Jansus,

 

Thanks for your interest and the answer is no to all of your q's it's something that bothered me at the time and I've tried to get written confirmation from the DSS to no avail - I think i may send them a recorded delivery letter too what do you think?

 

Cheers Claire

[Ell-enn]

Hi there, ring them up in the morning and ask for their legal department and then get the correct address. Sending it tomorrow and giving them a week to answer will then allow you time to put forward a an application to the court to get a hearing well before the 18th.

[jansus]

Hi Jansus,

 

Thanks for your interest and the answer is no to all of your q's it's something that bothered me at the time and I've tried to get written confirmation from the DSS to no avail - I think i may send them a recorded delivery letter too what do you think?

 

Cheers Claire

 

 

The DSS is a priority I would have thought as banking errors do occur sometimes so I think you need to contact someone urgently and tell them your home is at risk . You need to know what have they sent.

 

If it is the higher amount tell them you need a letter of email confirmation to take to court . If not then you need to know what has happened to the back payments.

 

 

Also I dont know what Ell-enns opinion is but there seem to be a lot of people having to go to court without a clear breakdown of arrears that they can agree. This to me seems very unfair.

 

Ell-enn would you recommend a CCA or SAR before the hearing do you think to check that loan has been transferred properly and to establish what charges there are on the account and to check the arrears?

 

Or wait until after the hearing?

[Ell-enn]

Jansus, as I'm sure you know, it is often very close to the hearing or eviction date before people find us to get help and we don't have time to wait for a reply to a SAR. The main objective in these cases is to get possession or eviction suspended and thus safeguard the roof over the op's head, which means that any other issues have to be addresses after that.

 

In cases where first stage possession proceedings are brought the op should have 4 - 6 weeks before the hearing - even if they sent for the SAR on receipt of the claim form, the timming is still tight if the lender takes the full amount of time they are allowed to submit the information.

 

I've no doubt if an SAR could be obtained in time it would throw up even more valuable information than just the arrears

[dehowletts]

Hi Ell-enn ok will do thanks C

 

Hi Janus

 

i've been trying to contact them constantly about the discrepencies but i keep getting bounced with promises that they'll call back, you can't have an appointment with them either i've tried that & now my phone's been cut off too so once i've posted everything in the morning i was just going to sit in my local office and refuse to move until i can speak to someone from the right department - desperate times desperate measures i thought!? C

[dehowletts]

OOPS I think our replies crossed!!

[Ell-enn]

Hi, if you are going to your local office, make sure you take your eviction notice with you so they can see how desperate the situation is.

[dehowletts]

Hi

 

Is it possible to pm you the N244 form i've filled in and pdf'd so far please?

 

Best Regards

 

Claire

[Ell-enn]

Hi there, you can send it to [email protected] However, it is too early to submit it, we need to give them a chance to reply to your letter and perhaps cancel the eviction order.

[Ell-enn]

Hi there, have you heard anything back from the letter you sent? also how did you get on with the DSS? We need to be getting your N244 application in.

 

Ell-enn

[dehowletts]

Hi Ell-enn

 

 

• response from the solicitor scanned and attached (bizarre response i thought)
  
• response from DSS I've scanned and pm'd you
  
• NO RESPONSE AT ALL FROM MC - AGAIN!! (despite the letter clearly stating response by the 10th)
   
  

SO I was going to wait for this mornings post and then call them and hopefully speak to someone who at least shaves...........

 

Some good news my husband has a job once his CRB comes back (he's a carer for the autistic) but the bad news here is I've always been the main earner and after tax we could be finacially worse off until i get something too but i'm working on this.

 

Some other news is that my grandfather passed away last May and my mum is due to get some money through and she's offered to help us out depending on the amount owed (this I am confused about and again i can't get any sense from MC). This raises 2 things;

1. It's not going to complete in time

2. When she lent us some money back last year to make some payments the DSS said that we should have declared it and that it would come off anything that they paid....

 

What do you think my next course of action should be please?

 

Best Regards

 

Claire

 

p.s.I've had no internet since Monday - I've had the same providor since we moved in here in 2000 and now it decides to play up grrrrrrr

[OLIVE.FAMILY]

Hi there. Subbing to this. Good luck I am sure you will be fine though. One thing as soon as you can try and delete all your personal info. Sometimes the mortgage companies are looking around.

 

olives xxx

 

Sorry meant to say delete personal info off the letter xxx

[Ell-enn]

Right, you need to get an application into court to get a hearing to suspend the eviction - before next Wednesday!!

 

I'm a bit tied up at work today - but will start to draft something for Q.10 of the N244, hopefully I might get it done by mid afternoon.

 

I have deleted the letter from your post as it had your personal details on it!

 

Ell-enn