Warrant of Possesion app help please

[whyus]

We have a suspended possesion order issued in Sept 2009 hanging over our property, at the time of the hearing the Judge was great and agreed to let us pay the amount owed over a 2 year period. The payments go out 15th on the order and usual mortgage payment on the 25th. There have been no problems and all payments have been made.

 

This morning we received a 3 line letter from the mortgage companies solicitors saying that as we had failed to adhere to the order they are applying for a warrant of possesion. This has completely floored us and many tears where shed.

 

Once we had got ourselves together I checked the online bank account, we have a seperate account for this payment and dont get paper statements. The payment for 25th October is still in the account and therefore the standing order didin;t operate. The bank where their usual helpful selves and couldn't explain why the payment hadn't gone out other than a "software glitch".

 

I have therefore made the payment now which brings the agreement up to date.

 

We have had no notification from mortgage company nor bank to say this payment wasn't sent.

 

Can anyone please advise us what to do, will we be homeless for christmas?

 

Please please help.

[Dodgy Geezer]

Hi.

 

Speak to your mortgage co and explain there was a mistake made by the bank. Im sure they will see reason. In the meantime gather as much information as you can in writing.

If the worst comes to the worst, when you receive your eviction date, you can re apply to the courts to further suspend the eviction using form N244 HERE We can help you with this.

Maintain all payments in the meantime.

I would be very suprised and dissapointed in the system if you cant obtain a further suspension order.

[newstarter]

I cannot see this going that far,if this is just a mistake on the banks part and you have proof that the standing order did not go out,and you have informed your lenders solicitors of this fact you should be ok.For a start if the lenders solicitors know of this and of couse they do a judge would probobly look on any application for a eviction order as vexacious litigagtion which they dont take kindly to,just ring them again tommorrow and say the payments been made,it was the banks fault and i can prove it and it you want to take it further i will see you in court,my guess is you wont hear from them again.A quick question,who is your lender ?

Edited November 21, 2010 by newstarter

[whyus]

Thanks to both of you, I have been afraid to come back on unless the advice was bad news.

 

I have emailed them today with the explanation just hope they see sense.

 

Our lenders are JP Morgan who have been very hard to deal with in the past.

[newstarter]

mmmmmmm that figures jp morgan,washingtons their subsiduary have lost money hand over fist buying mortgages their mortgage book is running at a loss which explains the swift action by their reps,usual story,anything to offload mortgages of their books,as i said this wont go any further,if it does come back to this forum,you wouldnt loose your home in any case.

[whyus]

Came home yesterday lunchtime to find a notice from the court had been left saying that we had to be out by the 6th January 2011, if this has happened to anyone else then I truly understand how desperate you feel it is the most undignified and clinical thing anyone can do particularly at this time of year. After the panic about where will we go and what could we do etc I emailed the solicitors representing the mortgage company. This was despite us pointing out to the JP Morgan that the payments where up to date, and having no response from them whatsoever to acknowledge the facts.

 

The response just shows the utter contempt and total lack of reality these people have for us struggling to survive, they simply said that they would "contact the court and cancel the order", that was it no explanation no apology, nothing. They seem quite content to have us in floods of tears and walking around in a complete state of panic.

 

So we are safe for now, but I am wondering what their next nugget will be.

[sillygirl1]

Get onto the court and get an N244 in, claim BACK from JP Morgan the cost of the case and make sure the court are aware that JP are at fault and not yourselves. You need to do this today.

[sillygirl1]

DO NOT trust anyone on the phone, make sure the court know that the case should be cancelled otherwise you might come home and find your locks changed.

[newstarter]

Ring the court every day to make sure that eviction notice has been returned and cancelled by morgans reps,whatever you do dont just take their word for it.Communication between lenders and their solicitors can be almost non-existent at times so beware!Sadly of course your right,all you are is an account number and im afraid goodwill to all men (and women) just does not figure in their world,they would have you out christmas eve if they could and make no mistake, they would !!You should be ok but make sure that eviction notice has been cancelled.

[whyus]

Thanks for the advice, I will submit the N244 asap, can anyone tell me how much it will cost ?

[sillygirl1]

I think it is £35 but if you are on benefits you can get it done for free...

[whyus]

Can someone please advise me, as stated we have a suspended order which was finally paid up in July, I have written to JP Morgan asking for confirmation but am still waiting. To our horror on Monday I received notification that they intended to enforce the eviction as we had failed to maintain the agreement, it appears we underpaid the mortgage, not the arrears, back in May and now owe another £300.

 

Can they seek possesion on what they deem to be recent arrears, or does the order only apply to the original amount. I note also in their letters that so far they have charged us £2080 in legal fees, is there anything we can do to get some of this back.

[Ell-enn]

Hi there, the suspended order will still be in place even after you have cleared the arrears (unless you have appkied to the court to have is cancelled) and therefore the lender can ask for an eviction warrant you get into arrears again.

 

Are you able to make payment towards the £300 arrears ?

 

Try not to worry too much you won't lose your home over £300. We can help you defend this action.

[whyus]

Thanks Ellen as wonderful as ever, yes we will be able to pay around £200 as I get paid on the 23rd however the eviction date is the 29th so it will be cutting things fine.

 

Cant believe they still want us out we have paid back in excess of £6000 over 3yrs and when we see the light it all comes crashing down again. We try and be positive but sometimes the little things just get you down.

 

If we apply to the court now then obviously I will need to prove we have paid, we have online banking which only goes back 30 days and the mortgage company are being a bit unhelpful with supplying the statements etc. Is there a better way as I am keen to get rid of this order as soon as possible.

[Ell-enn]

Have you actually received an eviction order from the court ?

[whyus]

Hi Ellen, yes we had a visit on Monday informing us that the date was to be the 29th Sept.

[Ell-enn]

Hi there, you have enough time to write a letter to them, adivising when and how you will make payment of the £300 arrears and giving them the opportunity to withdraw the eviction warrant, otherwise you will be defending at a hearing and bringing to the court's attention their unreasonable action.

 

If you need help with the letter I'm happy to draft one for you today so you can get it sent by special delivery.

[whyus]

Thanks, I fired off an email direct to their solictors yesterday pointing out everything you have said, just waiting a reply now fingers crossed.

We really need to rid ourselves of this order, this is the 3rd time they have reached for the trigger in the last 3 years and on each occasion they have withdrawn days before the bailiffs arrived. These have all been down to the Mortgage companies very slow proceedures in dealing with payments and there over keen attitude to repossesion. As we have now all but cleared the arrears I cant quite understand their attitude, unless of course they want all their money back now !

[sillygirl1]

The legal way of doing this is going to the court and getting a Certificate of Satisfaction proving that you have repaid every penny on the original order, they cannot then re-start it at eviction hearing point, they would have to put in a new claim, when they put in a new claim cross refer to this one and the game will be played on a different level.

 

Certificates of Satisfaction can be very useful in snookering unwary lenders.... I know somebody who has done this to Abbey recently AND got the last two lots of legal fees wiped off their account.

[sillygirl1]

Are you sure your online banking only goes back 30 days? Mine (Halifax Easycash) goes back to when I started the account. I can get full statements month by month or an annual summary statement, might be worth while asking your bank for a list of all the amounts paid to X company, go into a branch and see if they can do this for you.

[Ell-enn]

The legal way of doing this is going to the court and getting a Certificate of Satisfaction proving that you have repaid every penny on the original order, they cannot then re-start it at eviction hearing point, they would have to put in a new claim, when they put in a new claim cross refer to this one and the game will be played on a different level.

 

Certificates of Satisfaction can be very useful in snookering unwary lenders.... I know somebody who has done this to Abbey recently AND got the last two lots of legal fees wiped off their account.

 

 

Sillygirl, you cannot get a certificate of satisfaction relating to a suspended possession order. Certificates of satisfaction are issued upon settling a county court judgement.

 

To remove a suspended order you need to apply to the court - usually around 6 - 9 months after the arrears are cleared so you can show you are able to maintain payments after the arrears are cleared.

[Ell-enn]

Thanks, I fired off an email direct to their solictors yesterday pointing out everything you have said, just waiting a reply now fingers crossed.

We really need to rid ourselves of this order, this is the 3rd time they have reached for the trigger in the last 3 years and on each occasion they have withdrawn days before the bailiffs arrived. These have all been down to the Mortgage companies very slow proceedures in dealing with payments and there over keen attitude to repossesion. As we have now all but cleared the arrears I cant quite understand their attitude, unless of course they want all their money back now !

 

In that case it's probably worth getting a hearing in front of a judge to make the court aware of their unreasonable behaviour - you might even get the judge to agree to order the removal of the suspended possession once you have cleared the £300 - worth a try !

[sillygirl1]

Sorry Ell-enn, it was a CCJ in that case, the lender had decided to go for a forthwith CCJ on arrears of £1,500 rather than eviction and then go for a charging order, the CCJ had been repaid the following day and that was why they had the Certificate of Satisfaction, the lender refused to accept the arrears repayment before a hearing. I believe it was a one-off case relating to a buy to let property as well. Just spoke to person concerned.

 

I thought that it would work on a repossession hearing when the amount had been repaid. How do you get these cases closed then when full repayment has been made? Surely it can't be legally right to leave them 'open'. (sorry for questioning but I've had one of those weeks....)

[Ell-enn]

To remove a suspended order you need to apply to the court - usually around 6 - 9 months after the arrears are cleared so you can show you are able to maintain payments after the arrears are cleared.

[whyus]

Well they have cancelled the bailliff visit, but it took a few emails, the impression I now get is that the solicitors are happy to go ahead with most things based on totally wrong and misleading information from their clients. In the end I dealt directly with the solicitors quoting many things I had read on this wonderful site (thanks Ellen) and it really left them with a very weak argument.

On the other hand JPM at some stage I feel have a great number of questions to be answered about the way they bully and wrongly administer customer accounts.

 

They now want the full balance of the arrears, £85, paying within 10 days or it will all start again. Unbelievable !