GMAC/Wave lending- repossession **Tried twice we won both**

[lizzyjc]

i did question him at the time but didn't want to seem pushy.he said that they collect all the folders and he has clearly stated it is to be suspended.i guess they know what they are doing.he told me if they turn up then they have wasted there time lol

[OLIVE.FAMILY]

Exactly. IF they turn up just tell them to call the court. The bailfiff will only knock on the door if there is somebody from the mortgage co to meet them. So really do not worry about that. Like Ell said just give the court a quick call if you do feel uneasy. Relax you won. There is nothing anybody can do. You get to keep your home What a feeling eh...

 

olives xx

[lizzyjc]

yeh might give them a call in the morning.think i am getting worried over nothing.when you have been worried for ages it is strange to be relaxed.

xxxx

[Bona]

FANTATSIC NEWS WELL DONE

it may not be the most extravagant Christmas you have had but it will good just relax and enjoy take care

Bona

[lizzyjc]

Thank You So Much

Happy Christmas

Xx

[mazza1970]

Well done!! Hope you have a happy christmas

xx

[lizzyjc]

Thank You.

Hope You Have A Good One Also

Xx

[Mr Worried]

Wonderfull news, well done to you, and well done to all that have given her advice.. specially Ell-enn.

 

Mr

[lizzyjc]

Thank you.

All i can say is if you are worried and are in the same or similar situation talk to someone on this forum.Ell-en is fabulous and provided me vital advice.It is hard to tell family members and friends what is happenening but people here can help and do support.

MERRY XMAS EVERYONE

XX

[LilyLou]

So pleased for you, Ell is an angel from above, she also helped my daughter in the same position as you. Try and relax now, I know its not as easy as it seems but providing you stick to the agreement you will be fine. Totally agree that it's not something you openly discuss with family and friends, I only found out the extent of my daughters problems when it was evident she was practically having a breakdown due to the stress and pressure.

 

Have a lovely time with your family, Christmas and always

Love

LilyLou

xxxxx

[lizzyjc]

It really is a terrible time.I cannot stress enough to anyone going through it ,if you cannot talk to a friend or relative ,talk on here.!!!

Merry Christmas to you

xx

[vickson]

Wave Lending are really horible Lizzyjc, if you miss payment by two days they will be applying for another warrant, they done that to me twice for paying slightly late. GMAC are very understanding when compared to Wave, they have a specialist debt collection dept that does not think twice about sending u off to court for eviction when u are late.

[lizzyjc]

they weren't quite that bad with us,however despite letters when they took over from GMAC regarding us being contacted to help resolve arrears all they wanted was payment in full.No offer of help atall!!!!!

[lowwill]

lizzyjc, I have just finished reading your story, at the age of nearly 64 I'm sitting here with tears in my eyes. Well done, not least for the result but for having the strength not to give in and a very large Well Done to the CAG team especially Ell Enn. Since joining this forum it is amazing how much strength these great people give us. A Merry Christmas to you and your family and to All the Team on here.

[lizzyjc]

WOW.Thank you so much.

I hope anyone who reads my story will come forward and ask for help.

Merry Christmas to you.

xxxxxx

[lizzyjc]

Hi you helped me before back in december.Anyway to cut a long story short we fell behind,we had an eviction date for next tues,7th april.I went to court today and although the judge was annoyed we had defaulted as we can afford it he ruled in our favour and suspended on the agreement of 125 towards the arrears.He was in favour of the ruling that arrears can be paid over the rest of the term of the mortgage and not the 4 years these solictors etc seem to allow us to believe.Anyway this is where i need advise.The representative was asked to appeal if it was ruled in our favour and the judge said he wouldn't allow it as it wasn't in anyone's favour to do so.Then he said they will have to appeal to a circuit judge but said it was a waste of time and that it would never be granted.I asked what that meant and he said that they have 14 days to ask for permission to appeal and told me not to worry and just get on and pay the mortgage.Is this a common thing to happen and what can i expect as i should imagine the mortgage company are going to be angry about the ruling.The judge said the eviction will be cancelled and that we should just get on with our lives.Any advise greatly received

thank you

lizzy

xxx

[Ell-enn]

Hi there, solicitors for the other side can sometimes ask for leave to appeal of they are not pleased with the judge's decision (shame eh?). However, as your judge did not grant it, he will have entered that into the case notes - I think it's very unlikely the lender will appeal as it will cost them more in legal fees and there is not much chance of them winning.

 

As the judge said, just get on with paying the mortgage - if they do appeal we'll deal with that if and when it happens.

 

Try to relax now and enjoy your home

 

Ellx

[lizzyjc]

I am so on edge at the moment as i swore after last time i wouldn't let it happen again.They couldn't wait for us to miss lol

If they was to appeal then do we get a date of a hearing etc.They can't just get another warrant can they??

xxxx

[Ell-enn]

Hi, no they can't get another warrant just like that - they would need to get leave to appeal the order - even if it was granted you could defend again. Try not to worry - it's very unlikely to happen.

[lizzyjc]

Thank you for puttin g my mind at rest.Have you heard of this sort of thing before,wanting to appeal etc?

many thanks

[tonycee]

I think the judge would be angry with THEM if they ignored his decision.

 

Concentrate your energy on meeting the payments due, and not on a solicitor who is just trying to maximise their fees.

 

You really should not worry.

 

Good Luck.

[lizzyjc]

Thank you so much for your advise.I am just getting paranoid.

Also i keep reading good stories and bad ones so i should just relax a bit

have a good weekend

xx

[Ell-enn]

Hi - Tony's right, just concentrate on the fact that you have your home safe.

 

Look at it this way - some cocky just-qualified solicitor doesn't fancy going back to his boss and saying he lost the case soooo - he decided to get something out of it by asking for leave to appeal - probably just to see if you were scared by that - he was just pi**ed off with losing that's all !

 

Ellx

[OLIVE.FAMILY]

Hi - Tony's right, just concentrate on the fact that you have your home safe.

 

Look at it this way - some cocky just-qualified solicitor doesn't fancy going back to his boss and saying he lost the case soooo - he decided to get something out of it by asking for leave to appeal - probably just to see if you were scared by that - he was just pi**ed off with losing that's all !

 

Ellx

Hi Lizzy.

 

Like Ell said this some silly solicitor trying to prove how efficient he/.she is. The times are hard for everybody so judges are not going to evict people on some solicitors say so. These days they have to have very good reasons. Carry on paying. IF this does go to court then you would have had time to prove that you are going to make a go of it.

 

As far as swearing you will never go through it again, well I said that and I eneded up in court 3 times in a year and I still have my house.

 

Take a deep breath and live for a bit. If they take it back to court then just go with the flow. the hardest part is done.

 

Well done for winning today

 

take care

 

olives xxx

[vickson]

Hey Lizzy

 

dont worry yourself at all, ths is just a threat that lenders and their solicitors will use, my lender did that last time I went to court because the judge told them right off and told them not to put the charges onto my account,

they said they were appealing it and I just said well see you in court and now after 3 weeks I havent heard anything, I think they are just trying to intimidate you.

by the way I had a barrister from the city appear at my hearing and boy did he look silly. before the hearing he gave me all sorts of documents with case law that he was going to put forward to the judge.

Judge told them right off and said he was going to send a letter to the lender, after the hearing the barrister said well done for fighting for yourself and said that he didnt expect me to win at all, the hearing took over an hour.

 

and that hes never seen anyone so determined and well informed representing themself.