Bank of Scotland - House Repossession

[AUKSHON]

Dear members,

 

I went in arrears with my home mortgage due to job redundency last year. I could not make payment for few months and arrears reached to £5000. BOS acquired repossession order (I am cutting the long story short) and I promissed to pay the regular monthly payments + £100 on top as I had just signed for 1 year job contract. My bad the job couldnt go well and project finances dried up and again lost income.

 

I could not pay for another 5 months and arrears stand at around £9000 now. I have today received a letter from BOS solicitors that they will be applying for eviction order on Monday. I tried to speak with BOS solicitors and they said that they would not agree on any payment less than the outstanding payment before they can speak with their client to withdraw the eviction order application. Of course I cannot afford this at all. I can only make monthly payments and nothing more than that.

 

The monthly payments have automatically gone down from £900/month to £495/month somehow (I guess due to interest rate cut and govenrment intervention). The famly income stands at £1725/month now and I can pay this £495/month and would like to make regular monthly payments.

 

Please advise since there is no eviction order as yet, how can I apply to court and on which form in order to request for the grant of order so that I can start monthly payments without having to pay the outstanding amount first.

 

Your reply would be highly appreciated.

 

 

Sincerely,

 

 

Aukshon

[jansus]

As far as i know even if you are under a suspended order as long as you can pay your mp and a small amount towards the arrears you should be able to put in a defence. It is then up to the court not the lender .

 

Have you missed whole payments recently or have you been making some payments?

 

 

At the moment if you dont have an eviction date you need to remind the lender of the new protocol and send them an income and expenditure sheet from here making them an offer that you can maintain. Send by recorded letter and keep a copy in case you do have to go to court.

 

Please do not offer more than you can afford in case the rates go up again.

 

I dont think you can fill in a court form unless they try for an evictiion date when you would then complete a defence form to send to court for a hearing.

 

 

I will try and find you a thread with an example letter or hopefully Ell-enn will be along to help.

[jansus]

http://www.consumeractiongroup.co.uk/forum/repossessions/183666-repossession-letter-recieved-help.html

 

Have a look at this thread and last letter

[laclassy]

http://www.consumeractiongroup.co.uk/forum/repossessions/183666-repossession-letter-recieved-help.html

 

Have a look at this thread and last letter

 

 

Hello all,

 

Thanks very much for the information.

 

I could not make any payments for the period that I have mentioned. I made one payment for the month of February and planning on paying for the month of March at the end of February.

 

As mentioned in my message, I have tried speaking with the bank and their solicitors but they are as adamant and stubborn as can be. They keep on demanding the outstanding amount before they can accept anything.

 

I thought if there is a way that I can go to court and make an early request.

 

I would appreciate your advice and guidence.

 

Regards,

 

 

AUKSHON

[laclassy]

Hello ,

 

Just an update...

 

Today I have received a two liner letter from the county courts mentioning that " Upon hearing the solicitors (hearing date mentioned as 10/02/2009) from claiment and defendent (me) not present, it is ordered that the case be dismissed".....

 

Now what the heck is this... I dont even know if there was any court date and what has been dismissed. Is it just that BOS requested for an eviction order and that has been rejected or what ?

 

Can anybody out there help me. Its started getting on my nerves now.

 

Regards,

[AUKSHON]

Hello All,

 

We had the hearing today to stop repossession. Unfortunatley, the judge dismissed the application and eviction date of April 20, will stay. He said that he had gone through the case and that its been a few times that we have been in the court to stop the eviction. He added that he is NOT convinced that we really intend to make the payment. Even though we had submitted all the following documents:

 

Application

Facts statement

Employers letter

Affidavit to reply

past two months payment receipts

all letters written to BOS+ postal receipts

 

Let me know my options please at your earliest.

 

Thanks

[jansus]

You really need help from Ell -enn so bumping you up to see if you get help.

 

Did you actually go along to the court hearing?

[SillyMoo]

not sure if it has anything to do with, London & Scottish,London & Scottish Finance Ltd,London & Scottish Bank Plc,

 

Not sure if they are linked in anyway, as these are in adminstration.

 

As we was in court 3 weeks ago and they just said carry on as you are,we can not make an order.

 

 

Think about making payments with a little on top, but only what you know you can manage with

[laclassy]

Hello, Thanks for the replys..

 

However, in our case the judge has flately refused to grant any relief and ordered that the eviction will stay as it is on the due date.

 

Court provided with three copies of appeal form which has 10 sections altogether. I have filled in the form however it aks for the sealed original order from the court. However we have not received anything as yet?

 

I dont know if we can ask the court to provide us with the order so that we can make an appeal (without that the appeal will not be entertained I suppose, though the form does have a section where it asks about the approximate date that the missing document can be provided, nevertheless I think the decision order is a must in orde for the judge to allow the appeal!).

 

Your advice is much needed at this time and will be highly appreciated.

 

Regards