help please? reposession order for the 18th Feb 2009

[jansus]

Glad your party went well . Its always a worry when they are that age !

 

I have seen a thread that tells you how to complain about housing benefits but I guess that is your local council. Do you have to deal direct with DSS for the interest?

 

if so try a website www.direct.gov.uk as it may explain the complaints proceedure.

[dehowletts]

Hi J

 

Thanks for your suggestions I'll look into it further.

 

Right back at the beginning of this thread which feels like it was ages ago now!! you asked about did i ever sign a new agreement, well the answer is no I didn't, as I said I wasn't even consulted before the event.

 

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:)

 

Also you asked me the following

 

 

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 Subject Access Request 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?

 

what info would a CCA or SAR give me because with reference to my actual arrears you were dead right I'm about as clear as mud as to where the figures that they have been using have come from!! So if you could let me know which one I need to request etc that'd be fab!!

 

Cheers Cx

[marie6666red]

hi claire. not advice really but about the aftermath...we went through this in the last recession. had four young kids and i was frantic, no matter how hard i worked it just got worse...in the end we were repode...we spent a few months in squalor but the weight off my shoulders was immense....then we got council new build and have been here for 15 years now....if the roof leaks we make a call, if a window breaks, we make a call....all at no charge to us. its just bricks and mortar....our family have had so much more of a happy life since we left that behind. believe me, you will be in debt for years, but there is light at the end of the tunnel...we even went to new york in december for a week. please people reading this. dont give up.....and ell-en... shes a star trying to help so many!!!! a genuine good luck to all of you x

[dehowletts]

Hi

 

Update on the above..............

................ I'm gonna try and give as much detail as consisely as i can

 

 

• got eviction order lifted / postponed / or whatever the correct term is in Feb thanks to advice on here with no conditions (i can scan & upload letter if needed)
  
• on Friday received a letter from MC's solicitor of their intention to start proceedings again if I don't pay £10.5k now
  
• yesterday (Sunday) morning the man i complained in detail about knocked my door again with no id (again) saying that he was there for me not for MC (again) and telling me i had no choice but to leave property (again) refused to give me copies of letters he showed me (again)
  

What has happened in the interim? here's a rough timeline:

 

• Feb after court date I submitted a spreadsheet that showed what my arrears would be if MC had converted mortgage to interest only when I first requested it and asked if that could be taken into consideration with total amount of arrears owes I also asked for a named contact and an e-mail address due to historic paperwork going missing issues
  
• March 3rd only resoponse was a new conversion form & no acknowledgement of letter & figures in February 10th completed and returned forms
  
• June 5th letter arrived from MC's solicitors dated the 3rd of their intention to start proceedings again
  

between March and June I have called but I've been put on hold for excessive amounts on time each time they have not been "un-able to locate anyone in the department you need to speak to" !?

 

they have not acknowledge receipt of forms spreadsheet or anything else I've sent them or communicated with me what they were prepared to accept as a resonable additional payment!?

 

however to give both sides of the coin in fairness I have not made any additional payments since court for the following reasons:

 

1. I wanted clarity on what I actually owe (as there were 3 different figures prior to court) as I'm still as clear as mud
   
2. My husbands job fell through however he's since got another one better paid for a better company however he hasn't had his start date yet
   

What do you think I should do?

 

Thanks in advance

 

Claire

 

p.s. are there any "peoples awards" you guys can be nominated for?

 

p.p.s have ya thought about starting a CAG political party cos me finks you'd do a much better job with the public's backing & confidence too!:idea:

[Ell-enn]

Hi there, oh dear sounds like you're in a bit of a pickle. Do I understand that you are unable to make any payment at all? The problem we have here is that you have not complied with the court order, however, that said it doesn't mean you will lose your home.

 

You need to work on a payment plan to offer them if you are to defend an eviction order, but I have to say the judge will need a very good excuse for non payment of the court order.

[dehowletts]

Hi Ell-enn

 

I hear what your saying my issues have been that:

 

 

• when we weren't evicted there weren't any actual conditions monitary or otherwise so there was no agreed amount as such (remember initially my mum was gonna clear all areas and i agreed with her that she'd help with the aditional payments until we were straighter instead)
  
• i hear what your saying about the judge especially if we get the same judge again because to say that she was annoyed it wasn't subject to conditions was putting it mildly and gave us the disdinct impression that if she could've evicted us she would have
  

I've delayed the horrible man until Wednesday at 1.30 because I don't know but I'm hoping this will give me time?

 

My ultimate aim is not to have to go to court again, so the advice I guess I'm looking for is whom do you think I should submit copies of paper work and q's I've not had responses to? and what can i do about the lack of communication with MC (we now don't have a landline & so being put on hold for 20-30 mins to not even speak to someone is expensive on mobile or call box)

 

Cheers C

[Ell-enn]

I have to be honest with you - the fact that you haven't had answers to your questions etc isn't going to stop you being evicted. It's the fact that you haven't paid what you said you would at the hearing.

 

I know that's probably not what you want to hear but I'm afraid the judge can only take into account whether you can pay or not:(

 

Were you unable to borrow the money from your mother?

[dehowletts]

Arghhhhhhhhhh ok this is where I think I've been dull-niiave-completely numskulled-lackofexistenceofgreymatter completely and utterly to the point of OMG penny's dropped

I stupidly thought that no conditions meant literally that 'no conditions' i.e. we didn't have to pay I actually thought I was being pro-active trying to agree with them an additional amount

 

ok to answer my own q's now what's your opinion if I:

1. scan and re-send (by registered or recorded???) all queries documents to date to MC
   
2. send a copy to MC's solicitor
   
   
3. In a covering letter offer to pay 4 x the additional payment I offered in court in Feb (i.e.to bring me up to date as per N244 form?) with an explanation (i.e. I'm dull) of why I haven't paid this amount already with an apology
   

What do I do about this visit on Wednesday? Can anyone shed any light on the function or purpose of this individual who called himself a "mortgage counsellor" acting "for you not the lender"?? but on both letters he sent requesting a meeting with us (1 in Feb 1 handed to me on Sunday) he doesn't state his job title?

 

Cheers Claire

 

[Ell-enn]

OK, now you've got your head round the seriousness of the situation

 

Can I suggest that you don't send a letter offering to pay - but that you make the payment and then send the letter telling them that it's been done.

 

Then tell the mortgage counsellor to take a hike!! No doubt the lender will be adding the costs for him to your account, so once you've brought the account up to date you can write to them telling them you're not paying for a service you didn't ask for!

 

Any questions you want answered should be put to them once you are not under threat of being evicted - the priority is to keep the roof over your head while you argue the issues you've got.

[dehowletts]

Thanks again for simplifying my over-complication will do as you suggest ASAP and update as to whether this is successful Cx

[Ell-enn]

Don't hang about Claire, if you've got the money - make the payment. We can deal with the other stuff when your house is safe.

 

Apologies if I was a bit blunt - but I just needed you to know the reality of the situation:)

[dehowletts]

I'm in the process of raising the money as we speak, please don't EVER apologise for being blunt I know how busy you are on here and "tell it how it is" I much prefer! (if I hadn't been being dull in the first place I wouldn't even be in this position)

[Ell-enn]

You weren't being dull! you just misunderstood the terms of the court order - easily done when you're not used to the terminology, coupled with the stress of the hearing and possible eviction. Don't be too hard on yourself, at least you're in a position to rectify the situation.

[juliex]

i think there is another bright shining star in the sky tonight and it is called ellen,, watched u girl with other peoples problems over time you are brilliant, brilliant and brilliant so your star will shine on and on and on you are a credit to this forum

[Ell-enn]

Thank you for your kind words, it's much appreciated:)

 

Ellx

[dehowletts]

i think there is another bright shining star in the sky tonight and it is called ellen,, watched u girl with other peoples problems over time you are brilliant, brilliant and brilliant so your star will shine on and on and on you are a credit to this forum

 

I TOTALLY AGREE in fact I think there should be shooting star smilie added just for Ellen!

[dehowletts]

Hi

 

I did as you suggested and paid the additional up to the end of this month but they've sent me a new eviction order for hte 20th july is there anything i can do please?

[Ell-enn]

Hi there, how much did you actually pay? and when?

 

was it all the monthly payments due since you submitted your N244?

[dehowletts]

Hi

 

Yes we agreed an extra £200 per month in February and we paid £1000.

 

However we returned forms in March to change to interest only and the last letter we had from them yesterday doesn't reflect this so we are still unclear as to what our actual mortgage payment is and contacting them on the phone is still virtually impossible

 

Thanks Claire

[Ell-enn]

But did you make the normal monthly payments as well ??

[dehowletts]

Hi

 

If the conversion to interest only has actually happened then the amount the DSS are paying is actually slightly over the monthly amount

 

But we have had no confirmation that this has actually happened dispit returning the forms on March 10th and several phone calls to try to find out

 

Cx

[Ell-enn]

OK, you're going to have to enter another N244 at court to defend this eviction notice. They have obviously taken the action due to the monthly payment not being met. I think the best thing you can do on Monday morning is to phone Shelter and see if they can get anywhere with the DSS (as they seem to be giving you the runaround)and the payments to the mortgage

Shelter England - The housing and homelessness charity

Their advisors are marvellous at that sort of thing.

 

Obviously I can help you with the N244 but we're going to need a good story to put in it. It seems the mortgage company don't want to change the account to interest only, and we'll need to stress this point to the court.

 

One you have been in touch with Shelter post back on here and we'll see what plan of action we can come up with.

 

Who is your lender?

 

Has your husband started his new job yet? or are you both still unemployed?

 

Ell

[dehowletts]

Hi

 

Sorry for the delay in reply my youngest got up cos she was having a bad dream.

 

My lender is Mortgage Express (Bradford & Bingley) one of the privatised lenders.

 

My husbands job turned out to be a bogus company (luckily we found out in time - they were actually charging perspective employees an initial charge to work for them) but hw's since got work & just waiting for his start date as we speak.

 

I've been applying for jobs hand over fist but so far nothing (various people have looked at my cv and think its fine so I'm stumped).

 

I am however a qualified teacher and whilst I left the profession some years ago I can get supply but as this is intermittent I didn't want to jeopardise our benefits by taking the odd day here & there (the agencies have said that schools are using classroom assitants more & more for supply cover as it's more cost efficient) until my husbands working (I've also been told that September is when i'll stand a better chance of getting a longer term placement)

 

Shelter have a drop in session Monday so I'll go to that

 

Thanks for your help as always Cx

[sillygirl1]

dehowletts if you want you can PM me your CV and I'll look through it, I used to work in HR (part of my job is still in HR doing payroll...) and used to be abvle to predict who would get shortlisted from a pile of CVs. I've had various friends shortlisted for jobs its not necessarily your CV that does it - it is how you word the application form. I always believe you should take at least an hour per application, and have 'sample' answers to hand for ambiguous questions such as 'Why do you want to work for us...'

 

With the mortgage company I think Ell-enn should also point out to the court that athe company are abusing theprocess and 'automatically' putting in applications every other month - they need a preventative order (think that is what its called) stating they cannot take you to court for the next four to six months and a review hearing will be held then. Going to court every other month is extreme harrassment in my view, they want the 'stones' ie your house more than they want the blood.

 

Check to see that they aren't adding all the court charges to the arrears fees either....

[dehowletts]

Hi

 

Thanks for this silly girl all relevant points & I'll defo pm you my CV and I'm really truly open to any criticism!!

 

The last application I filled in took me several hours (it was a particularly long probing one) the agency I had to send it back to actually rang me to complement me on my content & completetion of it (which was a 1st for me!) and I still didn't get an interview.......?

 

Without being arrogant or cocky I have about an 80% success rate (approx) at interview stage the problem I have is I'm not getting any interviews??

 

Cheers Cx