help please? reposession order for the 18th Feb 2009

[jansus]

Hi glad to see you are back and fighting.

 

 

let us know the details when you can

[dehowletts]

:p:p

Hi Peeps,

 

In conclusion to my saga after (many MANY) phone calls department shifting (pass the buck to someone who'd deal with me) and digging in of heels yesterday I had the written confirmation I'd been awaiting.

 

My mortgage company have agreed that as long as maintain my agreed overpayment of £65 they will cease with their adding of £35 to my account each and every month and WILL NOT ISSUE ANOTHER REPO order!!! (as my mortgage is now almost 1/3 of my original payments this is do-able Ell-enn & Jansus b4 u both ask.......!!)

 

so whoop whoop WHOOP & Merry Christmas!!

 

This total process has been 2 years 2 months and 10 days so for those of you feeling as bleak as i did a year ago HANG IN THERE OK!!? It may not feel like it but whilst a dog (MC's) have their day in court a bitch does have 2 (if you hang on with maternal/paternal instincts) if you just listen & heed the BRILLIANT peeps on here.

 

I know this goes without saying but I'm gonna say it anyway!! I know I wouldn't be sat here in MY home office in MY house if it wasn't for finding this forum & especially Ell-enn CAG's resident BRIGHT shining star of the North to whom I cannot find words to express my gratitude.... she's just lucky she's upnorth or i would've probs broken a rib or 2 from squeezing her too tight!!

 

So for the first time in a long time I feel like 'ME' again & I'm actually looking forward to tomorrow & 2010 & what it'll bring.....

 

If there's anyone out there I can help in anyway please holla & I'll try my best

 

biggest love & mostest respect Deh'S XXXX

 

ps 2 thoughts to share with you (George Carlin)

 

1.The tears happen. Endure, grieve, and move on. The only person, who is with us our entire life, is ourselves Be ALIVE while you are alive.

 

2. Don't take guilt trips. Take a trip to go shopping (window shopping in my case), even to the next county; to a foreign country, but NOT to where the guilt is.

 

 

[Ell-enn]

That's fantastic news! Well done for hanging in there and fighting to keep your home. I hope you can now relax and enjoy Christmas knowing you are safe. You are a shinning example to others who might be facing the same situation - there is light at the end of their tunnel.

 

You've battled long and hard for this - enjoy!:)

 

Ellx

[jansus]

Well done you - Have a`lovely christmas and enjoy your home. You deserve it!

[dehowletts]

Thanks both Cx

[dehowletts]

heeeeeeeeeeelp Ellen I NEED YA URGENTLY ARE YOU THERE???

[Ell-enn]

Yep I'm here and answered your PM

[dehowletts]

stupid internets on the go slow didn't see your reply until 4 have replied Cx

[dehowletts]

Hi

 

A new agreement was put in place October 7th 2011 which until May of this year I adhered to.

 

Due to personal circumstances I broke this agreement (stupidly I know but I had no choice)

 

To cut a long story short this is the state of affairs, they are going for possession on August 14th,

 

The agreement set out was that I should pay £255.01 in addition to my mortgage payment from October through to May I actually paid £280.00 in addition to my payment,

 

May June & July's payment I just paid the standard payment,

 

I have just rung them to offer to pay the outstanding £590.01 to get me back in line with the agreement, but was told in no uncertain terms that unless I pay the full £7455 by before the 14th they will proceed with eviction.

 

The review date of the current agreement (as was) is 28th October 2012

 

During the call the following occurred:

• they didn't even ask me what my proposal was nor would they enter into ANY conversation about it
  
• they tried to say I had already broken the agreement I told them I had infact NOT but because of the way their system's are set up it was infact a clerical error on their part because I paid the payment 4 days early and that though I had had a verbal apology and acknowledgement of their mistake I never received the written acknowledgement that I asked for at the time.
  
• I stated the point that by repossessing they were creating a lose lose situation because my home was valued at the height of the boom and so if sold now they wouldn't recover their money, I'd lose my home and have a bill owing to them I wouldn't be able to pay
  
• The advisor again stated the only way to stop the reposession would be to pay the full £7455 AND HUNG UP ON ME!
  

 

What should I do??

 

he also stated that there had already been 3 eviction dates overturned.... I make it 2 and I also stated that if they had converted my mortgage to interest only back when I initially asked them too I wouldn't have been there in the first place (this was obviously before he restated my arrears and hung up)

 

Obviously time is of the essence here, my first thought was to call them back up and ask for them to confirm in writing what he said?

 

please PLEASE advise.....Thanks

[Ell-enn]

Time to enter an N244 I think, you're going to get nowhere by talking to these cretins on the phone. Provided you can give the judge a good reason for not making the ordered payments, and you pay the £590 to bring the agreement up to date then I don't see you having a problem getting the eviction stopped. If you need help with the N244 let me know.

[dehowletts]

Did my reply just post?

[dehowletts]

no obviously not because it's not there on refresh!

 

What i said was am I glad 2 see you! & yes please I'd love help with the N244 because I don't know if you can remember me at all but I tend to waffle......

 

Hope your well?

[dehowletts]

You don't think it's worth me calling back to speak to someone else?

 

(I've never had the same credit control adviser twice) and ask them 2 confirm what the first adviser said in writing?

[Ell-enn]

Hi there, of course I remember you I will start to draft a statement for the N244 but need a little more info:

 

Are you still in a position to make the £590 payment to bring the agreement into line?

Can you print off proof of the payments you have made since the order last October?

What was the reason for not making the payments towards the arrears?

Are you able to take an N244 to court tomorrow?

[dehowletts]

Hi there, of course I remember you I will start to draft a statement for the N244 but need a little more info:

 

Are you still in a position to make the £590 payment to bring the agreement into line? YES

Can you print off proof of the payments you have made since the order last October?YES

What was the reason for not making the payments towards the arrears?Basically my daughter went on the trip of a lifetime funded by her biological father, birthday money and herself for her 21st birthday, and the result being that because of bad planning combined with bad luck we had to use the little spare money we had to get her home

Are you able to take an N244 to court tomorrow?YES

 

Answers in red next 2 q's, is that enough info?

 

There are 2 niggles I have could I pm them to you please?

 

Oh my days u really are a star I can't believe you're still here I am truly sincerely in admiration..... (ok gush over - promise)

[Ell-enn]

Yes it's OK to pm

[dehowletts]

am here whenever your free will keep refreshing

[dehowletts]

am here

[Ell-enn]

Hi, how much is your normal monthly payment ?

[dehowletts]

Hi £357.52

[dehowletts]

I attached the PDF and sent to an old email address I had for you.....dunno if u received it?

[Ell-enn]

Hi, got it.

 

Affixed is the table of payments (can you confirnm I have got the figures right) - you should put your name and mortgage account number on the top. Are the DWP still paying part of your mortgage?

 

Also affixed is a budget sheet which you will need to fill in to show the judge that you can afford to continue with payments.

 

I'm drafting the statement for the N244 (got another short meeting, then I'll be back).

De Howletts Payment calculations.xls

Budget Sheet.xls

[dehowletts]

Hi

 

Thanks so much, do you think it's worth me calling them once more to see if I can avoid court??

 

Because as I understand it (& PLEASE correct me if I'm wrong) but if they do allow a hearing won't we get the same judge again? She really REALLY doesn't like me (& i'd love 2 say I'm being paranoid & it's the situation circumstance etc but it's DEFO not)

[Ell-enn]

If you're going to ring them, make the £590.10 (not £590.01) payment before you speak to anyone. then when you do ring them, tell them you have filled out an N244 to take to court this afternoon to defend eviction and having taken advice you are confident the judge will not grant possession - you also intend to ask for no legal costs to be added to your account as they are bringing action for eviction unneccessarily and despite you talking to them about yout situation and offering payment to bring the arrangement up to date.

[dehowletts]

ok will do and I'll update the forum either way,thanks millions for your help