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Hi I hope someone can help here.

 

We have a suspened possession order against us by SPML which the court have stated they wish to evict us on 15 April.

The last time we went to court over this the arrears were around 35K,

yes i know this is high but we agreed to pay these off at an extra £800 per month on top of the mortgage payments which fortunately we can afford.

This would have cleared the arrears in about 5 years with 20 years or so left to run on the mortgage.

 

However the recent statement from SPML shows arrears have risen to 47K,

I cannot understand how they apply the interest and charges to get this figure.

We have asked for a clear breakdoen but to date they have not supplied one.

At no time have they made any offers to us to suspend interest on the arrears or add the arrears to the mortgage or any other way of helping us.

 

I am a police officer with two years remaining till i retire and am looking to try and release some of my substantial lump sum pension to accomodate these arrears, in any case in 2 years time i would be in a position to clear any remaining arrears.

 

I am about to complete a N244 to apply to suspend the order again but having read the recent threads on who actually owns my mortgage and who legally is the claimant, i am at a loss to what to put in my evidence.

 

For further information I have two sons aged 12 and 18 living at the address who are both in receipt of disability allowances due to mental health problems I would appreciate some urgent elp as I want to compete the N244 this weekend and take it to the court on Monday.

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Hiya Mart,

I know exactly how you feel as I too am with SPML and on Wednesday managed to secure another suspension.

Ell-enn should be on here at some point today, she's the one who can help you with the court forms.

I'm sorry I can't offer you any practical advice but I fully support you and wish you all the luck in the world.

Chesterfieldmum xx

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Hi Martdj

 

I am sorry to hear you find yourself in this predicament, I am in the same situation as you, although my lender applies for eviction everytime I am so much as a day late in making payment as such, I have been to the court with an N244 in hand on several occassions.

 

As far as I know, the judge is interested in how you propose to maintain payment and wether he thinks your application is reasonable. as far as they are concerned the debt is still yours and you need to show you can pay it.

 

The argument of who owns the mortgage etc, in my view is valid but it hasnt really worked for anyone yet and you need to have expert legal help to argue this for you probably in a higher court.

 

At this stage I know you are panicking but I think u just need to remain calm and just show the judge you are willing to pay. On your N244 say exactly what you have told us , i.e u are in stable employment and willing to clear the arrears.

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Hi there, I can help you with the N244 application - in particular the statment for Q.10 of the form, which is the most important part.

 

You will also need to send in a budget sheet with the application and I have affixed one here for you. Remember that the amount you are offering to pay towards the arrears each month should be the amount left over after everything else has been paid.

 

Is the mortgage in joint names?

How many months have you missed under the suspended possession order?

 

Also you will need copies of any documentary evidence of the following:

 

Your intention to release part of your pension

Your sons' disabilities (DLA etc)

Any letters you have sent to SPML asking for information

 

I am at work at the moment, but will be back on line this evening and also over the weekend, so we can get the form completed then.

 

Kind Regards

 

Ell-enn

Budget Sheet.xls

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Thanks for your help and look forward to hearing more.

Can someone tell me how I go about finding out who actually owns my mortgage under securitisation.

 

Is it also right that SPML can add charges for late payments, admin etc onto the mortgage and then charge interest on them.

i thought that all charges were added to the mortgage at the end of the term.

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Hi there, I need answers to the questions in my previous post before I can draft a statement :)

 

Ell-enn

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In respect of the mortgage charges fees I dont think they should be included in the mortgage arrears figure for court purposes - although i do at as they are applied to the mortgage they can in effect cherge interest on them. Out of interest I have found this quote on a thread but am searching for the original source.

 

 

"HH asked me did i expect to pay reasonable charges for not paying my mortgage on time..yes i replied, that was exactly what i expected to pay, but these charges werre not reasonable i argued. Exactly HH said. HH then stated about the cost of this case, mentioning that if it was to continue it could run into thousands of pounds which did i realise i would have to pay if i lost. He then said that did the defence realise that if i won they would be footing their own costs. He went into great detail about this subject and Defence asked for it to be then placed into multi track where it belonged. HH then called a short adjournment for both sides to consider this. When he came back in both me and OH had decided to continue, al;ong the track of Defence breaching their own contract. There are a few reasons for this which has to remain confidential for a while (sorry). HH was relieved at this and we got the feeling he would have dismissed the claim on the basis of penalty charges. He said it was more the mortgage company had breached their own contract by charging unreasonable charges."

 

 

 

 

 

 

I think that in court you can possibily ask the judge about the way charges have been applied as you are "confused " about how the arrears figure is calculated - but firstly you need to concentrate on keeping your property and then tackle the rest at a later date IMO

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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As long as you can produce a statement to the Judge showing you have amde each and every paymet as per the agreement they should be on your side, I bet this case was brought before the new protocols came in and they are relying on that fact to continue bringing claims against you (which of course benefits them rather than yourself). Maybe you could ask the judge to get them to suspend any further charges on the account until the arrears are cleared - that might stop them charging for every blessed thing. I think you should also keep a record of costs incurred by yourself (time off work at your normal rate of pay etc) and submit this as a counterclaim... Ell-en will advise you further.

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This is the answer to ellens questions.

The mortgage is in joint names

Since we agreed the arrangement 1 payment was missed which was over Christmas due to obvious reasons

I have copies of letters showing my both my sons entitlement to DLA

As regards releasing part of my pension commutation I am awaiting some forms from NO1Copperpot credit union to complete ( This is a Credit Union solely for police officers who can grant a loan under these conditions). Unfortunatley my wife wrote the last couple of letters to SPML and didnt keep copies and there have been numerous telephone conversations between her and SPML.

I have also read many of the threads regarding securitisation and woul like to know wether I should include Carmel Butlers memorandum. It will take me some time to obtain evidence that SPML are not the legal owners of my mortgage, so would the court take this in to account to allow me time to prove this?

 

I am very much obliged and indebted to all of you who have helped so far.

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Hi there, given the short time before you will have to go to court I think it's more important to secure the roof over your head rather than bring up the subject of securitisation. You would need much more time to prepare for that subject if you were to include it in your defence.

 

At the end of the day the judge will only really look at whether you are able to make the payments going forward and as long as you can do that the eviction will be suspended. You can then investigate all other issues once you know your home is safe.

 

Do you have a statement from SPML to show how they arrive at the arrears figure? How much do you think the arrears are? i.e. how much were they when the suspended possession was granted and how much have you paid since then?

 

I have to go out this afternoon, but I will post a statement on here for you later - have you done the budget sheet?

 

You will need photocopies of your son's DLA entitlement to go with the statement.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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If you get granted time then a Subject Access request letter should give you all the info you need to proceed with other lines of enquiry after the hearing.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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budget sheet done and since last hearing we have paid nearly £6000 off the arrears but with charges and interest etc this has hardly made a dent!

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If you are not clear exactly how much of the requested figure is arrears and how much charges and interest on the charges then I would try one more time either by email or recorded letter for a breakdown of the arrears - if they do not reply you can at least show that in court .

 

I suggest something simple like:

 

I refer to the above account number.I urgently require a statement which clearly shows an arrears breakdown. This must show the actual arrears in respect of underpaid or missing payments on this account.Also I require a separate itemisation of any charges or fees on the above account which have arisen as a result of the account being in arrears.

 

As I am trying to resolve our present situation your urgent attention to this matter would be appreciated.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi there, I have almost finished your statement - can you just tell me what payments you have made since the one you made at Christmas.

 

In the meantime - below are the instructions for completing the rest of the N244.

 

1. Your names

2. Tick Defendant

3. Suspension of eviction payment proposal offered.

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant believes

Sign and cross out all options except Applicants

11. Sign and cross out all options except Applicants. Enter your address and contact details.

 

 

 

 

Ell-enn

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Hi, affixed is the statement to go with the N244. You will need to enter the info at the top where there are XXX's (remove the XXX's)- the info will be on the eviction notice. Also in the body of the statement where I have put XX for your name.

 

When you print it off make sure your printer is set for A4 paper (not letter) as the statement needs to be all on one page.

 

On the top of the budget sheet write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

On the DLA papers write the claim number and Appendix 2.

 

You should now have:

 

N244 form completed and signed

Statement signed

Budget sheet - Appendix 1

DLA evidence - Appendix 2.

 

Take a photocopy of all of the above before stapling securely together as you will need a copy for yourselves to refer to at the hearing.

 

When you take it to court they should give you a hearing date there and then - there will be a fee of £35.00 to pay.

 

Any questions, just shout.

 

Ell-enn

Martdj N244 Statement.doc

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Hi, I'm sure it will be OK.- stay positive:) Let us know when you have a hearing date.

 

Ell-enn

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Took the papers to court today and have been given a hearing date tomorrow at 11.30 am. Unfortunately I cannot get time off work so my wife will be attending. Apart from the issues raised on the witness statement is there anything she should be aware of?

We still have not had any reply from SPML to a letter sent ten days ado in which we queried amounts charges on the account. I know they have received the letter as they told me they had on the phone.

Should my wife raise the issue of the unlawful charges on the account and if so how should she word this?

Will she have to explain Cheltenham & Gloucester v Norgan ?

Your help as always is very much appreciated

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Hi there, I have affixed a copy of the Norgan case law - it's just for you to read - don't hand it to the judge.

 

If your wife wants to raise the issue of the unanswered letter she should wait until the judge has finished talking to her and say "Sir(or Madam) may I bring to the court's attention that despite writing to the Claimant requesting a statement of charges and arrears, this has not been received although they have stated it was received 10 days ago".

 

As this is your application, the judge will speak to your wife first, she should take a copy of the N244 and supporting appendices so she can refer to them.

 

She should get to the court early and if there are any free legal reps (a lot of courts have them now on repo hearing days) she should ask them to accompany her into the room.

 

I'm out this evening but will check in when I get back to see if you have any further queries.

 

Stay positive.

 

Ell-enn

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Sorry, it didn't affix - should be here now :)

Cheltenham & Gloucester v Norgan.doc

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Best of luck for tomorrow and as Ell-enn said you dont have to challenge the charges just state you have asked for clarification of what is arrears and what is charges and have received no response. The Judge hopefully should do the rest.:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Have subbed in to this thread because, we have conterclaimed from GE after they went for repossession though, we did pay the arrears in full. Hope all goes well for martdj.

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