Left out to dry by Shelter

[ascint57]

I'm in court again against Blemain this Thursday, for the 3 times adjourned repossession hearing. Shelter have been advising going for a time order, which is not easy, and I admit the adjournments have meant I've been able to improve my financial situation a little and am more able to meet the required payments. However,the Shelter guy dealing with my case, is a nice enough bloke, but he keeps crying off. The first adjournment was because he not being there the judge decided I needed help. The second was because Blemain had not received information provided by the court, the Shelter guy was there, for that one, now he's cried off again. Blemain being Blemain will I'm sure be very prepared and I have to face them on my own again. Unfortunately I can't get the Shelter guy to respond to phone calls or emails, and whilst I'm sure he's very, very busy, I do wonder. Is there any other assistance I can use on the day, short notice I know.

[Markiemark1]

Hi Ascint.

 

There MAY be a duty solicitor there to assist, but that's not a definite by a long way. Do want to pop up some more details on here, without identifying yourself, and I'm sure between us we can work it out.

 

I assume its a Regulated Agreement if you're going for a Time Order?

 

Mark

[ascint57]

nothing much to say I have a loan with Blemain which I have been unable to pay for 7 months due initially to illness then the collapse of my business. While other creditors have helped Blemain just keep charging even to pay them money back. Went to Shelter to sort out my problems, they suggested a time order to pay back £100 per month, instead of the £290 required. First court appearance the judge gave me 21 days as the Shelter guy could not attend, to ensure I got some attempt at justice. Second appearance, when the Shelter guy was there, Blemain went for possession outlining my cashflow as being £20 to £30 short of enough to pay the Time order. Plus as I'd not met the last judges order to supply information on why I had been ill, they suggested I'd not meet any other order he made, so they required immediate possession. Fortunately the Judge looked through his files, saw I had met the last order and although the Blemain solicitor asked for time to review it, was told to come back when the court was less busy. Hence another adjournement. I now have an improved financial statement, my wife was given a small rise and my mortgage payment dropped, andf we go back to court this thursday without the Shelter rep who has cried off again this time without a reason. He also seems to be out every time I ring and has not replied to my emails. I must have dome something wrong Oh and this month I have paid Blemain the £100 as per the hoped for order.

My wife ahs another property which we rent out which is under a similar threat, due to the tennant not paying and it taking us 7 months to evict them, but that is now under control. Both propertiesd ahve been up for sale at a very low price and both have plenty of equity in them.

I have started my own business but as yet have no regular income.

I did try the duty solicitor last time he Shelter guy could not make it and found he was the guy who acted as the duty solicitor at the court ?

[ascint57]

If the time order isn't given is there any redress to come up with another alternative, apart from clearing the arrears which I can't do ?

[magiciansgirl]

Hoping things do not go badly, sorry have no constructive advice to offer.

 

MG

[ascint57]

Thanks for the thought.

 

It didn't go well and it didn't go too badly, but I'm confused somewhat and even more upset no one from Shelter was there to advise. The judge who was the one who had initially adjourned the first time to allow me to get aid and to provide a statement about my affairs, couldn't find the statement and when provided with it, apologised to me for saying I had not filed it, then ignoring the Time order request asked for a summary of the outstanding arrears and what the Blemain solicitor wanted. She said that they wanted possession as I'd put the house up for sale so a Time order was not relevant.

The judge then asked several questions about the equity in the property, suggested to me that as I'd already been given 2 adjournments, the best he could offer was a 56 days possession order. He asked me if a buyer came on Saturday and said he'd pay the asking price what would I do. Gave the obvious answer so he said well I''l give the possession order for 56 days, and wait for it, 'but I expect you back before the 56 days are up with a negotiated offer to Blemain, which if they do not accept I will review and adjudicate' 'The way things work that should give you at least 3-4 months to sort out your business, find work or sell one of your houses' The Blemain solicitor who had said little else stood up and walked out, leaving me with my mouth open. I suggest you talk to Shelter quickly to discuss a plan of action, he said smilingly.

 

That was it.

 

So don't put your house on the market or pay your monthly payment if you go for a Time order. Judges don't like them, well in North Wales they don't, that's why I reckon I've been given what amounts to 5 months grace

[magiciansgirl]

Ummm. Sounds like you had a good judge. Female solicitor eh? How a woman could bear to work trying to repossess people's homes is beyond me.... Hopefully Shelter will now help out.

 

Kind regards, MG

[ascint57]

he'd have been a better one if he'd argued my Time order application I think, better still to have given it to me.

 

Still back to the drawing board

[ascint57]

Ummm. Sounds like you had a good judge. Female solicitor eh? How a woman could bear to work trying to repossess people's homes is beyond me.... Hopefully Shelter will now help out.

 

Kind regards, MG

 

 

Seems Shelter can no longer help, as they have refused to continue to help me as my property is up for sale and they fear being censored by the court for bringing a Time order when my house was as shown by Blemain, up for sale. I'm totally confused and asked for clarification from the Shelter guy what their funding restrictions are pertaining to my case. Now I have a few weeks to sort out something before we 3 are put on the streets with no where to go. Amazing, I knew the Shelter guy was not 100% behind my case, I'd love to know why, but have to concentrate on keeping hold of my property.

 

Any help would be appreciated.

[Ell-enn]

Hi there, are you now in a position to pay the normal monthly installments? If so, and you want to stay in the property you could enter a N244 at court asking for a hearing to suspend eviction based on your ability to pay the mortgage (and a little towards the arrears).

 

Instead of asking for a time order you could have used this case law:

 

Royal Bank of Scotland –v- Elmes April 1998 Legal Action 11, Clerkenwell County Court

Issue – suspended possession order on payments less than current instalments

A district judge suspended a warrant for possession for three months on terms that the defendant pay £250 one month and thereafter £500 per month for two months, thereafter the case would further considered. The defendant had good prospect of obtaining employment within the period. The lender appealed on the basis the court had no power to suspend on terms of payment less than current instalments.

Assistant Recorder Thomas Q.C dismissed the appeal, and held that s.36 of the Administration of Justice Act 1970 enables the court to impose any terms about payment so long as the borrower would, within a reasonable period, be able to clear the arrears and pay the current instalments.

[ascint57]

Thanks Ell-enn.

 

The Time order was I thought to allow me time to get my self employment back up and running, which has not happened yet. Its a second mortgage and the payments are £270 per month on the 2 accounts with joint arrears of £2500 now. I can manage £100 per month but proving after 4 visits to court already to show I can now afford £270 plus might prove hard as might finding the money, Blemain will remember

 

Still if there is no alternative, I will somehow have to, one of our houses should sell eventually. My wife works and we get Family credit and we have sold everything of value, cars, TV's etc.

 

What sort of extra will the judge accept do you think

[Ell-enn]

Hi, I'm a bit confused (blame it on the hot weather lol), is this eviction order for the property you live in? You say the payments are £270 on the two accounts? is that £270 total or £270 each?

[ascint57]

Its for a loan from Blemain finance with a charge on the house we live in, equity 200 k Payments are £176.61 and £91.50, total £268.11 for both, I have paid £50 on each for the last 2 months and £30 on each for the previous 4 months.

Our present financial statement shows us with £137 in a good month before paying Blemain but we cover our mortgage and all essential payments if nothing to my other creditors.

 

 

Thanks

[ascint57]

I have kust done a new statement which shows with my daughters help I can pay back £250 but I don't suppose that will convince a judge let alone Blemain.

 

All I need is the time to sell one or both of our properties or until I start earning again

Edited July 8, 2009 by ascint57

[magiciansgirl]

Have you tried the National Debtline? Don't know much about them but see they are being recommended. Am also going to PM you

[ascint57]

yes tried them ages ago

They are one of those standard form guys. They give you the leaflets, send you the bits but as to advice

 

CCC are similar but they do offer advice and sensible advice for debt counselling but are weaker when it comes to help with legal matters

[Ell-enn]

Hi, if the house doesn't sell in the next month, put in an N244 application using the case law quoted in my earlier post. If you can pay anything at all in the meantime it will strengthen your case.

 

Ell

[ascint57]

Thanks again Ell-enn you really are marvellous.

 

I have been paying £50 on each account for the last few months

 

Would I stand a better chance if I could find the full monthly payment and say £20 for the arrears, rather than the case lore mentioned previously Ell-enn

 

Having been in front of the court 3 times already I don't wish top push my luck too far.

 

We are looking at other methods of selling either property, auction, etc.but I don't expect to sell within a month.

 

so what would be the best time scale is there a limitation on the number of N244 forms you can enter

[Ell-enn]

If you were able to make the monthly payments and a little towards the arrears, it would certainly strengthen your case if you have to go back to court.

 

I don't think there's a limit to the amount of N244's you can submit, but of course you need to be able to tell/offer the judge something positive for him to suspend eviction, otherwise you will simply run out of time.

[ascint57]

I appreciate what you say and I also appreciate I have to show as Blemain argued about there being a 2 pound excess on my previous statement that what I put is provable and will stand scrutiny.

 

All I'm concerned to do is to make an offer that a will be accepted and b will give me time to sell a property, and c be viable so I can keep to it.

[ascint57]

Well no one has visited my house let alone shown interest and its at a give away price, so I presume I need to fill in the N244 form.

 

I have been paying £100 towards the payment of £271 for the last 4 months, have shown a willingness to sell both our properties but I assume an offer to pay the monthly payment on the loan plus something off the arrears is the best option.

 

Repossession date is the 20 th of August I have spoken to Blemain who keep sending me letters warning they are to take me to court, just to charge me the £35 fee I presume, but the least they will accept they say is full payment of the arrrears. My mortgage company, who I'm up to date with have advised they cannot see Blemain taking possession over them?? They have also offered no other form of assistance.

 

Best option?

[GeorgeNash1850]

I just can't see why it's in Blemain's interests to repossess a house which is up for sale. Its not like it will get sold any faster vacant with an eviction notice on it.

[ascint57]

My building society suggested the same, but they seem very keen to grab as much as they can at my expence of course.

[42man]

Did you get this mortgage via a broker Ascint57 ?

[ascint57]

Did you get this mortgage via a broker Ascint57 ?

 

 

Yes it was Ocean finance