SPML Eviction Soon - Help!

[paul26may]

Been in arrears with SPML, had warrants suspended, paid off arrears then fell back again.

 

One month ago before Judge X the case was adjourned until 13th February pending the payment of £4156 before 31st January.

 

Due to matters beyond our control this did not happen. However, at court on Friday we were listed to sit before a nice lady judge, Judge Z. When SPML's solicitors realised this they weren't happy especially as Judge Z was quite obviously leaning in our favour. She even said 'in the current economic climate repossession helps neither party...'. But my oppo managed to persuade Judge Z that the case should be heard by Judge X and we subsequently reconvened before him.

 

Judge X, true to form decided in favour of SPML and we are to be evicted in the next 2 - 3 weeks unless we can now find all of the arrears - £8000. What right of appeal do I now have, if any? Also, can I appeal using the case of Norgan v C&G or does this have to be argued by a lawyer?

[jansus]

First of all a few questions

 

Can you afford the current Mp plus a small amount towards the arrears

Are you on an interest only mortgage

 

Do you have children living in the property with you.

 

What was the original reason for the arrears

Is this an interest only mortgage?

[jaxads]

Hi Paul

 

Ell-enn is usually around the repossession forums and I'm sure she'll be along soon to offer you some fantastic advice.

 

I was in court with a friend recently who had to fight an eviction date - she included the "Norgan v C&G" case in her statement and she didn't have anyone representing her (just me as her friend!!) The Judge was absolutely fine and didn't even refer to it. I understand Judges are under a directive wherever possible to keep people in their own homes!!

 

As Jansus asks, are you able to afford your mortage payment and a little towards the arrears each month? How long is left to repay your mortgage?

 

Please try to stay positive - I know this must be a really dreadful time for you x

[paul26may]

Yes we can afford an amount towards the arrears. The monthly payment now is £659. We could easily do £100 per month on top.

 

It is interest only.

 

Original reasons for arrears are numerous but essentially, ill health, company liquidation, unable to carry on my profession properly due to a legal matter that eventually went in my favour. I am owed £1000's in legal costs. Also owed at least £5000 in bank charges.

 

we have an 18 year old living with us.

 

Thanks for the support.

 

Getting past Judge X however is going to be a major problem. I really need a master stroke at this stage now. We have gone beyond negotiation Im afraid now.

[Goldlady]

How long is left on the mortgage term? The courts are supposed to allow you to spread the arrears over the whole remaining term of the mortgage so if your £100 a month does the trick it should not matter what the judge's personal feelings are.

[paul26may]

There are 15 years left on the term.

 

If the courts are supposed to spread the arrears over the remaining term why am I here now asking for help? There are no hard and fast rules unfortunately and I have to reluctantly concede that the whole thing is a lottery - a shambles!

[Goldlady]

As far as I understand the spreading of the arrears over the full term is the maximum the courts will allow. I am not sure if it being an interest only mortgage will have any bearing here (I have one of those myself and no way of repaying the balance as yet). But your situation is far from hopeless - you have an income and are able to pay towards the arrears.

 

You say that you were expected to pay a vast amount of money as a lump sum. Was that because you expected money from your other court case as it seems unusual for a court to make that sort of demand on you.

[paul26may]

Our arrears stand at circa £8000. Prior to this court appearance we had to pay £4156 before 31st January. That didn't happen and because of that we now have to pay the whole of the arrears!

 

To be honest all we need is 2 - 3 months and then we'll be okay.

 

It is interest only.

[jaxads]

I'd not realised that you could "request" a judge as SMPL seem to have done! How do they get away with that ??

[paul26may]

You tell me!:-|

[jansus]

you ned some help from Ell-enn as you will need to fill in another court form for a hearing

 

did you put in a defence for the last hearing and offer to pay the £100 above the MP?

 

Do you have a copy of the order from the court as this all sounds a bit odd.

[midge61]

Hi

 

Have you had a statement of arrears from SPML? They have a habit of adding charges to the arrears instead of the capital this would probably make a difference to the actual amount owed.

 

If you haven't had an arrears statement you need to get one to check.

[Bona]

You have 7 days to appeal which will not be heard judge X on the grounds you can pay the installments under the govermant guide lines

 

Which DJ X did not take into account

[jansus]

http://www.civiljusticecouncil.gov.uk/files/cjc-new-pre-action-protocol-mort-poss-cases.pdf

 

back later

[paul26may]

This is how it happened:

Capstone/SPML wanted £4156 plus £659 (normal contractual) plus £500 (towards the arrears) by the end of the 1st week in January.

We knew we could not do this so we applied for a suspension.

At the hearing on 16th January, Judge X decided that he would adjourn the case until 13th February, pending payment of £4156 by 31st January.

This we agrred to but due to circumstances beyond our control it did not happen and at the hearing last Friday Judge X decided enough was enough.

Our mistake all along has been to make promises that we have been, as it turns out, unable to keep.

[jansus]

I think you will have to have help from Ell-enn on this one .To be honest the courts would rather see an affordable small payment above the MP than as you say promises ofa large sum that dont materialise. That is why we always advise peopel not to panic and offer large payments that they can not maintain as it looks bad if you break the agreement and also if the rate goes up you may have to go back again for another agreement - which equals more cost.

 

I suggest you complete an I&E form from here and I will pm Ell-enn for help as you do not have much time.

 

Have you tried for your bank charges on a hardship claim mentioning the possession ? As under new waiver guidelines you may get help?

 

But first we have to sort this possession out if possible.

[Bona]

OK the Judge has reserved the case to him this is to help at the next hearing so it dosnt all have to be gone through again you need to do a budget sheet and a statement for the next hearing which Ell wil help you with and the reason why the large amount wasnt paid it is not the end of the world you dont have an eviction date and they have to try to help you have you got the new hearing date

[Ell-enn]

HI, firstly you need a very good reason why the amount you promised was not paid. We can then write a statement around that. You need to fill in the affixed budget sheet showing what you can afford to pay each month towards the arrears in addition to the normal monthly payment.

 

What did you put in previous application statement as reason for suspension?

 

Do you have any proof of the monies owed to you?

 

Ell-enn

[paul26may]

My partner and I were repossessed by Capstone/SPML in April 2009. The arrears at the time stood at £7000 and the monthly repayment was on it's way down, If we stlll had the mortgage we would now be paying about £150 per month as opposed to the £900 when we fell behind. However the repo went ahead and house sold for £18,000 less than the mortgage outstanding. Guess what? They - Acenden Ltd - are now after us for the £18k! Any advice anyone?

[BankFodder]

I think that you need to start reading this and see if any of it applpies to you: - http://www.consumeractiongroup.co.uk/forum/content.php?700-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct

 

You should definitley start by calculating the amount of charge they owe you plus restitutionary damages but also you should try and see if it can be said that by loading up your debt with unfair charges, that they caused you to be in a position where you could not repay your installments

[paul26may]

My ex-partner and I have received a letter each from DLC acting on behalf of Southern Pacific Mortgages.

 

 

They are chasing a debt of £18,000+ which is the shortfall against the outstanding mortgage after the house was sold.

 

 

What is particularly galling about this matter is the fact that a few months after the repo the mortgage rate plummeted

and we would have been paying £200 a month as opposed to £800.

 

 

However, I need to know how to handle these characters.

 

 

Any help would be most appreciated.

[Bazooka Boo]

Ignore DLC and deal direct with SPM.

[CosmosBipinnatus]

SPML nowadays is just a director. It has no employees. It is not a mortgage lender.

 

My ex-partner and I have received a letter each from DLC acting on behalf of Southern Pacific Mortgages. They are chasing a debt of £18,000+ which is the shortfall against the outstanding mortgage after the house was sold. What is particularly galling about this matter is the fact that a few months after the repo the mortgage rate plummeted and we would have been paying £200 a month as opposed to £800. However, I need to know how to handle these characters. Any help would be most appreciated.

 

Is what they are saying factually correct? Maybe ask Shelter for advice?

[unclebulgaria67]

My ex-partner and I have received a letter each from DLC acting on behalf of Southern Pacific Mortgages. They are chasing a debt of £18,000+ which is the shortfall against the outstanding mortgage after the house was sold. What is particularly galling about this matter is the fact that a few months after the repo the mortgage rate plummeted and we would have been paying £200 a month as opposed to £800. However, I need to know how to handle these characters. Any help would be most appreciated.

 

Have a read of this thread. DLC are responsible for responding to requests for more information.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?452804-How-do-we-respond-to-shortfall

 

Within the thread you will see a link to a letter which can be used for asking for info.

 

What position are you in ? Any assets ? Regular income ? Secure accommodation e.g long term rent ?

 

If you don't have any assets and your income just allows you to be able to live, then it might be worth speaking to National Debtline or Stepchange. A relative of mine had a £30k shortfall, which they managed to obtain a settlement deal of about £2k and this meant they were not hassled for years, as the slate was cleared. Really depends on your situation. But requesting info about the shortfall might be a starter and to register any complains you might have. This should allow you time, as they deal with your complaints and requests.

[dx100uk]

several threads merged for history

 

 

dx