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Susspended repo now eviction??***WON***


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Hi To All

 

I got a Suss repo last year secured loan ( Future ) and have been paying, although not on time and not to the full amount agreed, I received an eviction notice last year and paid a summ the lender was happy with.

 

I now have not paid this months and they say its now £2700.00 and they have applied for an eviction date, however they did say that if I made an offer of payment ( lump sum ) to Future then they may lift eviction???

 

I am currently unemployed and not claiming as I pick up bits of work here and there and didnt want to get caught fiddeling, any way I have had an interveiw yesterday and it is looking very good, but even that would not provide any earnings for a few weeks.

 

What is the best way forward on this, I have not told my oh yet as I deal with all the s**t.

 

Mr W

Regards..Mr Worried :)

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Hi Mr W.

 

Any news on the job yet?

 

I can only suggest that you contact Future and explain the situation and see if you can reach a compromise. Are you able to offer them anything this month?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Caro

 

Thanks for the reply.

 

Today I received an Eviction Order for the 22nd April, delivered by hand by the bailiff...ouch...

 

Have hid it from OH for the moment, the solicitors acting for 'future' have advised me that they will evict if a substantial sum is not paid asap, although they do not state how much? and I dont have a substantial sum to pay them?

 

Any thoughts please....

 

Mr W

Regards..Mr Worried :)

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Have you spoke to them about your future employment prospects?

 

Also have you tried the CAB

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Have you spoke to them about your future employment prospects?

 

Also have you tried the CAB

 

Hi PG

 

Funnily enough CAB said I seemed pretty clued up to deal with myself? and they could not assist further as I asked them the questions they were gonna ask me!!!

 

I spoke to the acting solicitor and they said I had to communicate with them only, and they will forward my comments to future, to which they have already replied, substantial amount for our consideration or your OUT...

 

Mr W

Regards..Mr Worried :)

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Think we need El-len on this one sorry, cant think of anything else at the moment

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Think we need El-len on this one sorry, cant think of anything else at the moment

 

Hi PG

 

Will you copy her into this thread for me please.

 

Mr W

Regards..Mr Worried :)

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hit the red triangle and ask a mod to contact her

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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You can make an N244 application to suspend the Warrant (eviction) on terms. What would really help with this would be to have an offer of employment to prove to the court that you can afford regular payments going forward. You have until the morning of the eviction date to get an application heard although it's a good idea to apply earlier rather than later so you are not left with the prospect of packing up all your possessions at the last minute or having to pay for supervised entry to the property after an eviction. But if the potential employer has said they'll get back to you before 22nd hopefully you'll have something you can use.

 

I would recommend discussing this with your other half painful though it may be. I once had a case where a husband had kept his wife in the dark about the state of their mortgage and she came home from work to find the locks had been changed - a million times worse than if her husband had told her! Even worse, she had enough savings to clear the arrears so all the stress and expense (plus a night kipping on the next door neighbour's floor and feeding the rabbits over the fence) was completely pointless.

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You can make an N244 application to suspend the Warrant (eviction) on terms. What would really help with this would be to have an offer of employment to prove to the court that you can afford regular payments going forward. You have until the morning of the eviction date to get an application heard although it's a good idea to apply earlier rather than later so you are not left with the prospect of packing up all your possessions at the last minute or having to pay for supervised entry to the property after an eviction. But if the potential employer has said they'll get back to you before 22nd hopefully you'll have something you can use.

 

I would recommend discussing this with your other half painful though it may be. I once had a case where a husband had kept his wife in the dark about the state of their mortgage and she came home from work to find the locks had been changed - a million times worse than if her husband had told her! Even worse, she had enough savings to clear the arrears so all the stress and expense (plus a night kipping on the next door neighbour's floor and feeding the rabbits over the fence) was completely pointless.

 

Hi Killer

 

Thanks for the freindly words, I shall tell her over the weekend but I will try to decide the best way forward first as I would like to soften the blow with.......but we can do...etc etc....I will try to get a letter of acceptance from employer without embarrising myself, dont want him to feel he has hired a ???????.

 

Mr W

Regards..Mr Worried :)

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Good Luck,

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Please speak to your OH asap Mr W. She has a right to know what is going on, and the sooner the better.

 

There is absolutely nothing wrong in asking any prospective employer for written confirmation of any job offer. In fact it's quite usual.

 

Do you have children, and if so how old are they?

Is the loan in joint names or just yours?

Also is the house in joint names?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Please speak to your OH asap Mr W. She has a right to know what is going on, and the sooner the better.

 

There is absolutely nothing wrong in asking any prospective employer for written confirmation of any job offer. In fact it's quite usual.

 

Do you have children, and if so how old are they? Yes 8 and 6

Is the loan in joint names or just yours? Joint

Also is the house in joint names?

Joint

 

Thanks Caro

 

Mr W

Regards..Mr Worried :)

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  • 2 weeks later...

I suggest you contact National Debtline for advice.

 

National Debtline England & Wales | Debt Advice

 

Also shelter.

 

Shelter England - Repossession

 

I think you need to get an application to the court to oppose the eviction.

 

Can you put together an list of what money you have coming in each month, what you have going out.

 

Can you afford to keep up the payments?

 

I know you said you aren't claiming benefits, but are you claiming tax credits?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Any update Mr Worried??

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Hi To All

 

Yesterday FM agreed my payment proposal and as long as they have cleared funds by Wed 21st the eviction will be cancelled.

 

However this morning my OH said she wants out the house, dont give them money and lets go????

 

I want to honour agreement, but also want to sar them too, will this effect the relationship with them re susspended repo?

 

I also dont want to make us homeless when an arangement has been made?

 

I have spoken to the rep who got us the secured loan in the first place and he said all is ok with contract? ( well he would ).

 

Still my head is spinning, any advice please???

 

Mr W

Regards..Mr Worried :)

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Mr Worried

 

Can you afford to stay there and pay the arrears and the mortgage?

Some useful links.

FAQ's

Making Posts

Letter Template Library

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AQ Guide to Completion

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Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

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Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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Mr Worried

 

Can you afford to stay there and pay the arrears and the mortgage?

 

Hi UK

 

When I am working then yes we can afford it, however as soon as work dries up we struggle and then the pressure mounts.

 

We will see how tommorow goes then have a chat over the weekend ( me and the misses of course )

 

Mr W

Regards..Mr Worried :)

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Ok. . keep us posted...

Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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Hi UK

 

When I am working then yes we can afford it, however as soon as work dries up we struggle and then the pressure mounts.

 

Mr W

 

I know how that one feels.:sad:

 

In a way I can understand why your OH thinks like that. For some people it can be a relief when the worry is over and they can make a fresh start, but if the mortgage company sell at a loss, you could still be responsible for the shortfall.

 

If it seems likely that you won't be able to stay in your home, so that you are in control of leaving on your terms, and get the best price you can, try and get permission from the judge to sell the property yourself.

 

Let's hope it doesn't come to that, .;)

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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BTW, a SAR should make no difference one way or the other, but if you feel you need more info, you might be better to tell the judge that you would like more info from the claimants about how the claimants have worked out what you are supposed to owe as you're not sure if there may be charges, missold PPI (if that is the case), or any other info you might need.;)

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 4 weeks later...

Hi To All

 

Well we never got to court as I borrowed £1000.00 from a friend ( his funeral money ) so eviction was cancelled, but yet again they are on my back again re missed payment for this month..you have 14 days etc, same sh different day,

 

Can I request their help with my scenario but not upsetting them so much as they go for my throat?. Northen Rock have been gr8 and are still helping, I told NR about Future and they said they NR have first call on property and depending on equity they may get nowt??

 

I need help as what to do next for the best.

 

I have never sar'd Future re contract and dont even know anything about what I am paying for, can I sar them without a knee jerk reaction of repossesion from them?

 

Cheers

 

Mr W

Regards..Mr Worried :)

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A SAR will make no difference to any proceedings. Are future aware that there is no equity in your property? If you make them aware of this perhaps they may be more willing to negotiate a settlement that you can afford.

 

That said, I have seen cases where people have had their homes repossessed and been glad that the stress is behind them and that they can begin to put their lives back together. You should be aware that repossession is not necessarily the end of the matter, and even after that if there is a shortfall you can still be chased for the outstanding balance after your home is sold.

 

I can't help wondering if you would be better hanging on to what money you have so that you can move on and start again.

 

I'm not saying that you should do this, but I think you should seriously think about your options and discuss them with your OH.

 

Your thread has similarities to this one, which has a huge amount of help and advice which I believe would help you.

 

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/142793-tilly-mortgage-express-repo.html#post1499490

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 1 month later...

Hi To All

 

Well I have been away from computer for a few weeks re work and no connection.

 

I have now got the solicitors acting for Future advising me that yesterday 28th June they have requested an eviction order from the courts, I offered them an amount and they refused any payment and told me they want the full arrears approx 3k, or the eviction is going ahead.

 

I can afford this mortgage albeit with a struggle within the preasant climate ( self employed etc ) I dont receive money weekly nor on a regular basis so that is why they always come ' knocking ' .

 

I wish to defend this eviction and do what ever I have to as not to loose my home.

 

I await your help and advise.

 

Mr W

Regards..Mr Worried :)

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