SPML letter to attend court 15.5

[2hapennys]

Hi all

I hope you can help and advise me. Yesterday I recieved a letter from Optima Legal stating SPML are trying to obtain a possesion order due to arrears on my secured loan. The total arrears are £1348, this is 4 missed payments including £350 of their changes. The letter does not say what I need to do, only that I will be hearing from the court in due course. I have not slept at all last night, I am worrying myself to death, I am also terrified that we will all become homeless.

Can I stop this court hearing if I pay the arrears in full? I am hoping to borrow the money from my parents.

What can I expect at court?

Will I loose my home?

Please give me any advise.

I have tried calling the National Debt line, but could not get through.

 

Thanking you all in advance

[angel_1]

hiya 2hapennys

 

you have come to the right place, im trying to help my friend facing eviction and she has been to court 4 times already there are some very helpful people and far more knowledgeabel than me i can only offer some support at the moment but pls give it today for others far more experienced to come along and give you correct info

 

pls do not despair though,,,, are you able to scan up the letter but take out all personal info from it and then others to see exactly what you have received

 

do you have -

 

- have you tried scanning and uploading the image to Image hosting, free photo sharing & video sharing at Photobucket?

 

If not, once it's scanned on your PC put it somewhere you can find it (desktop/folder marked SPML etc). Next go to Photobucket and register.

 

Once you've done that, you need to click on "upload photos and video" (box on top left of home page). Click "choose files" which will bring up your files in a separate box. Find the image and click "open", and it will start uploading automatically.

 

Once that's done it will open up and you can click "edit this image" just underneath the picture. Remember to remove all personal info (I use decorate/draw to do this), then click "save and continue". It will take you back to the smaller version of the image, and there should be 4 link options showing underneath - you want to right click and copy the top one "email and IM". Or as I prefer the Second option – your choice though.

 

Now come back on here and click the icon above the text box with the world and little chain type piccie, right click and paste the url and you're done.

 

*******

 

have subbed to this thread and will check in later okay pls dont worry for the time being

 

laters angel x

[angel_1]

hey thanks for the rep click much appreciated

 

but again i urge you to give the weekend for full help okay

 

may Ell-enn will view your thread - always very helpful and gives good advice

 

only other thing i can suggest if go to the repossesions threads and learn as much as you can from others, it will really open up your eyes i promise

 

take care laters angel x:cool:

[staffyloo]

hi 2happenys youve come to the right place, ive been through a similar thing but my arrears were a lot higher about 15 grand that was 7 months arrears. I got alot of help from this forum and when i went to court the mortgage company adjourned. Im sure someone will be along sometime today to help.

[enoughisenough]

Hi 2 pennies

 

 

Hope you are getting on with the stuff PMd you with. Obviously if you can get it below £500 that will give you some breathing space. Bu their tactic is to come to an arrangement and then apply unlawful charges in excess of the overage you pay towards the arrears so that your situation gets worse not better they then apply to the court saying you have broke the arrangement and can they please now take your house. Barstewards. The charges and the suspended order - you will need to fight them both tooth and nail inch by inch.

 

You have got to fight this tooth and nail. I'll be popping up now and then to see how you're getting on. In the meantime deal with the stuff I sent you privately and PM me with any specific advice.

 

Cheers EIE. Keep the faith.

[wonder ?]

Hi

 

There is now a pre action protocol in place where the lender has to prove to the court it has done everything it can to stop repossession. If you make arrangements with your lender to repay your arrears it should stop the case going to court, if it does go to court and you can show you are able to pay off the arrears then the court will more than likely grant a suspended possession order, this is where the possession is suspended as long as you keep to any arrangments made. Please let me know if you would like any further help. I worked in mortgage arrears/mortgage shortfall for 15 years.

[enoughisenough]

But resist a suspended order at all costs.

 

It is a possession order albeit suspended.

 

They will then continue to apply fees to show your alleged breaking of the deal, then asset strip your equity through an outrageous early repayment charge.

 

They are no longer in the mortgage business. They are in the repossession business.

 

Wonder.? I'm guessing you worked for a reputable mainstream lender right? What you've described is the way it should work. What I've described is the way the sub prime market works.

 

Resist suspended possession orders. They are too easy to convert into full possession orders. In any case sub prime lenders couldn't give 2 hoots for the Civil Justice Council's pr-action protocols and will even lie to the court to say they have followed them. Trust me on this. I am 100% right.

[2hapennys]

The court papers arrived today, got rather upset about it. Not sure how to fill them in, and some of the questions are terrible, with I have somewhere to live etc. Because it is a joint loan, do we both have to fill the papers in or will one set be ok.

 

Thanks All

[enoughisenough]

You can actually respond on line. The court should have given you some log in details. One set will do providing you've both signed. Also on line you can add your detailed defence.

 

Once that's done I'll help you structure your witness statement.

 

Cheers.

[Ell-enn]

Hi there, I would not advise replying to the possession claim on line. It's better to fill in the forms and take them (or post by recorded delivery) to the local court. Defence forms have a habit of going missing on line.

 

If you need help with a statement for Q.27 of the form (or any other part of the form) let us know.

 

Ell-enn

[enoughisenough]

Conceded. I didn't have any probs but you don't know for sure.

 

thanks for the contribution Ell-en. We all are here to help.