Jump to content


  • Tweets

  • Posts

    • More from the Second Sight guys in the Law Gazette. Post Office Inquiry: Second Sight accountant accuses lawyer of conspiring to pervert course of justice | Law Gazette WWW.LAWGAZETTE.CO.UK Second Sight accountant found compelling evidence in two cases that evidence was withheld, public inquiry is told.  
    • Why have there not been arrests yet? Waiting for the end of an inquiry which seems designed to drag on forever is a feeble excuse "the Post Office “was constantly sabotaging our efforts” to seek the truth and used claims of legal professional privilege – a type of confidentiality which covers legal documents – “to justify withholding documents from us”. "Aujard had said the state-owned body “would not hesitate to take legal action against me” under a “draconian” non-disclosure agreement (NDA)" "Henderson became concerned after reviewing the case file of Jo Hamilton, .. Henderson said the Post Office’s decision to charge Hamilton did not seem to be supported by its own internal security report, and there was evidence that “potentially exculpatory material” had not been disclosed to her at trial or subsequently. “I regarded this as either professional misconduct or, potentially, criminal conduct,” he said."   Horizon IT scandal investigator tells inquiry Post Office was ‘sabotaging our efforts’ | Post Office Horizon scandal | The Guardian WWW.THEGUARDIAN.COM Ian Henderson, looking into possible miscarriages of justice, said he came to believe he was dealing with ‘a cover-up’  
    • and the elephant in the room     Brexit: New report suggests UK £311bn worse off by 2035 due to leaving EU NEWS.SKY.COM The report came up with a scenario for growth if the UK had stayed inside the EU, and compared it to forecasts the Office for Budget Responsibility made...    
    • I believe there is a Limitations issue with railway penalty charges. They have only 6 months and if it gets to Court  the money goes to the Treasury.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

***Ell-en*** please help urgent advice needed


web2005
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4964 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

My home is martgaged with Birmingham Midshires. I took this mortgage in May 2008 at a very high interest of 7.5%. I was on good salary to pay monthly mortgage payments of £2200.

 

As soon as I took the mortgage I lost my job. I managed to find another job but even that was lost in December 2008. Because of this I went into arrears on my mortgage payments.

 

I managed to get another job soon after but not earning as much as I was earning before. My net income now is £2500.

 

Being on arrears, in July 2009 BM took me to the court for repossesion. Court issued the suspended reposession order. I was ordered to pay normal monthly payment plus £100 towards arrears. I accepted the judgement as I was saved from immediate eviction.

 

In August 2009, I made the first payment according to the court order. I contacted consmer credit counselling services. They advised me to apply for homeowner mortgage support scheme through my lender.

 

Having gone through income and expenditurre and several lengthy phone calls, BM agreed to put my application for this scheme. Seeing my income and expenditure, BM adviseed that £1065 is the amount I can afford to pay till HMS application is decided. I provided them all my previous payslips to prove that how much I was earning before and tat this is the temporary loss of income. I assured them I am looking for better job to earn a much as I was earning before.

 

In the last week of January 2010, I was told by BM that my HMS application has been declined on the basis that if approved on the scheme my arrears will continue to grow and after 2 years when I come out of the scheme, I will not be earning well enough to maintian the normal monthly payment plus clear the arrears.

 

I tried to assure them that currently I am on fixed rate mortgage which is on very high interest. Next year in May 2011 I will come out of the fixed rate deal. My mortgage will come down significantly and I wil be able to pay monthly payment plus arrears. BM agreed that my mortgage payments will come down once I come out of the fixed rate deal next year BUT as my application has been rejected they can't help me much.

 

I explained to them that I was waiting for the HMS application decision and was quite hopeful it will be approved. Now I need time to sort out my finances. I have been in touch with them since then. With agreement I paid them £1065 in February and March.

 

As my arrears continually grew while HMS application was in proces, total arrears on the mortgage accrding to BM is £24000. I know its very high!!! I am sure this includes charges as I have been paying atleast something every month so it can't be so high.

 

I dont want to loose home as hopefully when I am out of this fixed term deal my mortgage payment will go down and I will be able to resume monthly payments and pay extra for arrears.

 

I am not in the position to start paying £2200 from next month. I discussed this with their collections department and was told that BM can't let arrears to increase on this level and I must start payming full monthly payments or at least 80% of the normal monthly payment. That is around £1700.

 

Last week Friday I paid £1450 for the month of April. They took this payment and told me to call again Monday to update the income and expenditure and come to an agreement for futurer apyments else they will instruct bailiffs.

 

I called them this morning. The lady who took my call was not very helpful compared to other who I have spoken so far. They all have been very helpful. This lady on the phone told me that going forward I must pay full monthly payment of £2200 otherwise bailiffs will be instructed. I am not sure what this means?? What I understand is they going to instruct bailiffs to repossess my home.

 

I tried to explain to her that in the last 2 months I hav managed to increase my income by £400 and thats why I paid £1450 this month. I am hoping to get some more freelance work and propose to pay £1700 for next few months. During this time I will try to increase my income and come to paying normal monthly payments.

 

she didn't accept the proposal and told me to start paying normal payments or my house will be repossessed. When I mentioned I was told by her colleague that I must pay at least 80% of the monthly payment, she didn't agree on this saying I have spoken to my line manager and we dont accept this proposal unless I have some proof how my income is going to be increased. I dont have any proof as I will be doing freelance work for friends and family. She said a letter from them will not be acceptable. it must be a legal contract. I dontt hink this will be possible for extra income.

 

I am very much worried now. I need time to be able to get back to normal monthly payments. I dont want to loose this house as next year I will come out of this high interest rate fixed deal.

 

Please advise me how can I convince them to agree on my proposal? Can they repossess my home without another court order? Please help........

Link to post
Share on other sites

  • Replies 90
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Can anyone please advise? I contacted the lender agian regarding reduced payment of £1700 for next few months. They are asking me for documentry proof. I can send my payslips from main job but no proof for additional income. My borther and sister agreed to help me to pay extra so that I can afford £1700 for next few months.

 

Can anyone advice how to deal with this situation? I dont wnat to sale my home as this is only short term problem till I am in fixed rate deal. I will be out of fixed rate deal next year. Then I will be able to afford normal monthly payments even at current salary.

Link to post
Share on other sites

DONT CALL THEM, put everything in writing, they will lie and make you try to pay more thant the court order allows, in fact you can go back to court via an N244 and ask for a lower amount to be paid due to your lower circumstance, AND try to get the judge to stop them adding on additional charges (which they probably have been doing on the quiet).

 

DO NOT CALL THEM, write to them or email them... then you have a trail of their duplicity.

 

Ellenn should be along soon to offer more help.

 

DO NOT PAY anything more than the court has deemd you should pay... that wouldn't be in your interests at the moment as you would be prejudicing other creditors and giving them ammunition to hit you with should your circumstances change again.

Link to post
Share on other sites

By the way you SHOULD NOT continually change income and expenditure forms, only the court can ask for these, you are not obliged to contact them weekly by phone (that is classed as severe harrassment) and you should keep everything IN WRITING.

 

Please please don't call them again, I can't stress this enough.

 

Three things NOT to do until Ellenn comes along

 

1. CALL THEM

2. Pay any additional sum over the £100 deemed by the court

3. Fill out an I&E form every month

Link to post
Share on other sites

Thanks for your reply. Actually I am paying less than what court ordered to pay. Court ordered to pay £2200 each month. After court's order, I made one payment of £2200 but being on low salary, with lenders agreement, I started paying £1050 each month while lender was processing my HMS application. After court's order all reduced payments were in agreement with lender and I didn't miss any payment.

 

Now HMS application has been refused, lendere is asking to resume full payment according the court order.

 

I am trying to convince lender to accept reduced payments as I can't afford £2200 until I find a job paying as much as I was earning before. At the same time I dont want to loose my home.

 

 

DONT CALL THEM, put everything in writing, they will lie and make you try to pay more thant the court order allows, in fact you can go back to court via an N244 and ask for a lower amount to be paid due to your lower circumstance, AND try to get the judge to stop them adding on additional charges (which they probably have been doing on the quiet).

 

DO NOT CALL THEM, write to them or email them... then you have a trail of their duplicity.

 

Ellenn should be along soon to offer more help.

 

DO NOT PAY anything more than the court has deemd you should pay... that wouldn't be in your interests at the moment as you would be prejudicing other creditors and giving them ammunition to hit you with should your circumstances change again.

Link to post
Share on other sites

They are threatening me that they are going to instruct bailiffs for repossession if I dont start paying what was agreed in the court or send them proof for the proposal that I will be able to commit on lower payment. They said once they receive the proof they can consider it.

 

By the way you SHOULD NOT continually change income and expenditure forms, only the court can ask for these, you are not obliged to contact them weekly by phone (that is classed as severe harrassment) and you should keep everything IN WRITING.

 

Please please don't call them again, I can't stress this enough.

 

Three things NOT to do until Ellenn comes along

 

1. CALL THEM

2. Pay any additional sum over the £100 deemed by the court

3. Fill out an I&E form every month

Link to post
Share on other sites

Thats why you need to go back to court to do an N244 variation order, and to get them to disclose the reasoning behind the HMS refusal, I didn't think they had the authority to do that - I think you may be seriously misled by them over it.

 

You need to get the CAB or the Court Housing person to deal with the HMS application, not do it directly yourself.

Link to post
Share on other sites

I feel they can repossess my home because I am not paying what court ordered to pay. I am stressed out and very worried about the situation. I don't have anywhere to go if my home is repossessed.

Link to post
Share on other sites

Thanks again. For HMS application, I was told to get advise from consumer credit counselling service. Lender asked me to get letter from CCCS to confirm I have received advise from them. CCCS also did income and expenditure to establish what I can afford. Lender also asked me to send them my proof of earnings from previous job to show that I was actually earning much higher before situation changed.

 

They declined my application on the basis that although I am on temporory low income but if they approve me on the scheme, once I come out of the scheme after 2 years I will not be earning enough to pay normal monthly payments plus arrears.

 

This is false though, by the time I come out of the scehme, I will be out of the fixed rate deal and my monthly installments will be much lower than what it is currently.

 

I wish if they can approve me on this scheme. The interest rate I am paying at the moment is very high at 7.6% roughly.

 

Thats why you need to go back to court to do an N244 variation order, and to get them to disclose the reasoning behind the HMS refusal, I didn't think they had the authority to do that - I think you may be seriously misled by them over it.

 

You need to get the CAB or the Court Housing person to deal with the HMS application, not do it directly yourself.

Link to post
Share on other sites

I suggest you contact Shelter 0808 800 444 Shelter England - The housing and homelessness charity

 

They have the most experience in these mortgage rescue schemes and quite a lot of influence with lenders.

Help us to keep on helping

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

 

 

This site is run solely on donations

 

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.

Link to post
Share on other sites

Thanks Ell-enn. I suppose they will be closed for easter. Will contact them on Tuesday.

 

Do you suggest to contact lender regarding lower payments? I am thinking if I dont contact them they will instruct bailiffs. Although so far all the reduced apyments were made with agreement they are still intending to instruct bailiffs.

 

My next payment due date is 27 April but currently there is no agreement in place regarding how much I am going to pay. They said they will hold my account for 7 days to come with payment proposal including proofs. Thanks.

Link to post
Share on other sites

Web 'Im no help with repossessions, but I just wanted to say Ell-enn is very good with this info and as she is now subscribed to this thread I'm sure she will be back on next login.

 

Good Luck

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Thanks guys for all your help so far. Sorry for the delay in getting back to you. Been busy with my sister admitted to hospital. She had a surgery this morning.

 

Ell-en, as you suggested, I contacted the Shelter England today. I spoke to a consultant and explained my sistuation including my HMS application rejection by lender.

 

Consulatant has advised me to:

 

read

 

PRE-ACTION PROTOCOL FOR POSSESSION CLAIMS

to make sure lender has followed the protocols while deciding the HMS application and demanding to resume normal monthly payments.

 

suggested me to contact Brent community law center to get advise.

 

He also suggested that once I have read the above mentioned document, I should fill the N244 and ask the court to change the original payment plan. He suggested that I seem to meet the requirements of HMS scheme. I should point this out in N244 and request the judge to ask lender to reconsider my HMS application.

 

Not sure how to fill this form. Can you please help?

Link to post
Share on other sites

Hi, Please help me with this. I really need help with filling in the N244 Form. I am running out of time. I would like to send the N244 before lender apply for bailiffs warrants. PLEASE HELP....

 

Before I submit N244, I would like to keep lender on hold so they don't apply for bailiffs warrants. As Sillygirl1 suggested, instead of calling them, I should write to them. Can you please help me with the letter I need to send to the lender for a proposal of lower payments and my intention of filling N244. I discussed with consultant at shelter and he suggested there is no harm in disclosing to lender about my intentions to apply to court for change in court's order. what you guys suggest?

 

I have never been in this situation so no idea how to approach lender with proposal.

 

Please help with the letter. Thanks.

Edited by web2005
Link to post
Share on other sites

Can anyone please help me with N244? I have no idea how to fill this form. Had phone call from lender again. They are pressing me to start paying normal monthly payments starting from next month. The lady I just spoke to from BM told me that I should look into putting my property up in the market for sale.

 

I don't want to loose my home. I have been advised by shelter to fill N244 to request court to reconsider original payment order as well as put in the form for court to ask lender to reconsider perviously declined HMS application.

 

I know Ell-en is very good in helping with N244. How can I contact her? Is here anyone else who has experience with N244?

 

Thanks.

Link to post
Share on other sites

Hi, I'm at work at the moment, but will get back to you this evening.

 

What were the payment conditions of the original suspended order? What are you now proposing to pay?

 

Please complete the affixed budget sheet as this will have to go with the N244. Remember that the amount you are offering to pay towards the arrears (in addition to the normal monthly payment), is the amount left over after everything else has been accounted for.

Budget Sheet.xls

Help us to keep on helping

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

 

 

This site is run solely on donations

 

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.

Link to post
Share on other sites

Hi, I'm at work at the moment, but will get back to you this evening.

 

What were the payment conditions of the original suspended order? What are you now proposing to pay?

 

Please complete the affixed budget sheet as this will have to go with the N244. Remember that the amount you are offering to pay towards the arrears (in addition to the normal monthly payment), is the amount left over after everything else has been accounted for.

 

Thanks Ell-enn. Original suspended order was for the normal monthly payment of £2200 plus £100 extra each month towards the arrears. I paid according the court order in the first month. Since then I have been paying lower amount but with lender's agreement.

 

I am proposing to pay £1700 per month for next few months until I find a job/work paying as much as I was earning before the problem started. Lender(BM) is not willing to accept this proposal. I did't receive anything in writing from them. All the communication has been over the phone. Their concern is that they can't allow the arrears to increase anymore. They are quoting the arrears are currently at £23000. I am surprised with this figure. Wehn asked them if this includes charges and any other fees they said no. its only the arrears. I don't believe this as this is like I didn't make any payment for at least 10 months. Except 2/3 months, I have been making regular payments of at least £1065. When I asked for the arrears statement this morning, the lady on the phone said this is time consuming and I have to pay £15 to get the statement. I am not convinced £23000 arrears are just the payment arrears.

 

In N244 I also wnat to request the court to ask lender to reconsider my HMS application previously rejected. Consulatant from Shelter UK advised me to make this request as based on the information i supplied he clearly sees I am eligible. Lender's reasoning for rejection is that if approved, once i am out of the scheme I will need to earn £99000 a year to pay normal monthly payments and clear arresrs. They didn't take into account that once I am out of scheme I will be out of fixed rate. My normal monthly payment will come down from £2200 to £1000/£1100 per month.

 

Lady from BM this monrning asked me to consider the option selling my house. I dont want to do that as I am sure as soon as I get a better job I will be out of this problem. Its just the timing with current job market.

 

I will complete the income and expenditure sheet and send to you. Many thanks for looking in to this. Without you I dont think I have any hope.

Link to post
Share on other sites

I've alerted the site team to your problem, and they should be able to flag it to Ell-enn. I cant help at the moment as I haven't filled in an N244 for ages and I have a lot on.

 

What in particular is causing the problem?

 

Thanks sillygirl. Your prompt help is much appreciated.

Link to post
Share on other sites

Hi, I'm at work at the moment, but will get back to you this evening.

 

What were the payment conditions of the original suspended order? What are you now proposing to pay?

 

Please complete the affixed budget sheet as this will have to go with the N244. Remember that the amount you are offering to pay towards the arrears (in addition to the normal monthly payment), is the amount left over after everything else has been accounted for.

 

Hi Ell-en,

 

Sorry for the delay in getting back with the budget sheet. Attached is the budget sheet. Can you please have a look. As I mentioned court's order is to pay £100 towards the arrears plus normal monthly payment of £2200. I am struggling to maintain normal monthly payment due to temporary loss of income. I want the court to ask lender to either accept me on HMS scheme considering temporary loss of income as well as very high interest rate, monthly payment will come down once I come out of HMS scheme dur to coing out of fixed rate deal next year. If they don't accept me on HMS then consider allowing me lower monthly payment.

 

I am worried about what are the chances that seeing my budget sheet and considering N244 court will decide that I can't afford this mortgage. Instead of asking lender to consider my case they grant the eviction order?

Budget%20Sheet(1).xls

Link to post
Share on other sites

  • 2 weeks later...
  • 2 weeks later...

Ell-en can you please halp me with N244? I paid this month £1700 instead of full monthly payment £2200.

 

I had a call from lender again this morning to advise me if I am not able to make the remaining £500 they will apply for bailiffs order. After long conversation they said they will hold the account till 27th May when new month's payment is due. On 27th may if I don't pay full monthly payment of £2200 they will apply for bailiffs order.

 

I requested them to allow me to pay reduced payment of £1700 but they didn't agree. Demanding resuming full monthy payment. I am still not able to resume full monthy payemnt.

 

I would like to submit N244 before 27th for them to review my HMS application as well court to reconsider affordable monthly payment.

 

Thanks.

Link to post
Share on other sites

Anyone knows how can I contact/Alert Ell-en? I am not able to pay £2200 due on 27th May. Lender has already told me they will apply for bailiffs if full payment is not paid on this date.

 

I need help to fill N244 and also request court to ask lender they review my HMS aplication. Lender rejected me on the basis that when I will come out of the scheeme after 2 years I will not be earning enough to pay back arrears. They didn't take into account that:

 

**Currently I am on very high interest rate of around 7.9%

**after 2 years I will be out of the fixed rate and my normal monthly payment will be around £1000 rather than £2200.

**if I can afford to pay £1400/1700 now, after 2 years once out of fixed rate I will be able to pay extra £500 per month towards the arrears.

 

I should also mention that I have this mortgage in joint names with my sister. She is married with 3 kids. Not living in this property but in a rented house with her husband. She is helping me with £400 per month towards the mortgage. Can I get any government support being her with dependent children if house gets repossesed will be difficult situation?

 

Please help me with all this. Many thanks.

Edited by web2005
Link to post
Share on other sites

Please help. 27th is approaching fast when lender is expcting me to make full monthly payment of £2200 otherwsie they will apply for eviction warrant. I am not in the position of paying £2200 on 27th. Maximum I can afford to pay is £1700.

 

Please help me for set aside previous court's order through N244. I am worried and don't want to wait till eviction order is issued.

 

Ell-en can you please help or at least suggest whether you think such application will be successful? Thanks.

Link to post
Share on other sites

Is your mortgage interest only or repayment (capital + interest)?

Help us to keep on helping

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

 

 

This site is run solely on donations

 

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.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...