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Suspended possession order and variation


bossy
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Hello,

Thank you for reading my thread. Hope you can help.

 

There was a suspended order on my property dated August 2007; the order was later varied in 2008. Attached are both orders and some other documents regarding my mortgage? Few weeks ago Barclay’s solicitor wrote me that it has requested for a possession warrant from the court on 9th March 2011. I would like to know if the order of 2008 is still a suspended Possession order.

My mortgage is repayment. The mortgage is about £95,000 and the interest is 1.45% and the property value is about £210, 000

In 2007 Barclays obtained a suspended possession order on my property. I maintained the payment and in 2008 Barclays paid the council for a service charge disputes on my property. Although there was no determination that I was liable for the service charge but the council obtained a default judgment because I did not reply the claim form. The council later used this default judgment to apply for forfeiture on my property. I appeal against the judgment but it was dismissed. Barclays hired a solicitor to apply as 2nd defendant and asked the court for a relief from forfeiture. Later I realized that the judgment was not valid in law. But that is a separate issue.

Barclays paid the money and later asked the court to vary the suspended order to secure the money paid to the council on my mortgage. It also wants me to pay about £4,000 solicitor fees. These fees already added into my mortgage account. I told them that I am not liable because the solicitor sent me a letter that she was only acting on behalf of Barclays. Moreover, I asked Barclays not to be involved. The court varied the judgment and asked us to apply for a review if there is any problem in future.

Since then Barclays messed up my account and it has been charging me Admin arrears fees of £40 every month and interest on arrears etc. In 2008 Barclays added the debt on my mortgage and my current mortgage is based on the total amount owing and Barclays still want me to be paying the arrears.

In 2009 Barclays issued a warrant for possession and asked me to pay certain amount before they can cancel the possession warrant. I paid the money and the possession warrant was cancelled.

Last year I received another letter threatening me for possession, at that time my payments was up-to-date. I told the solicitor that I’ve been making my payment and that the account quoted in her letter was different from the account I've been making payment into because Barclays wrote me that my account has been changed. Moreover, Barclays did not apply payments into my account accordingly.

Thank you again for your time.

Edited by bossy
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I received a warrant for possession from the court today. The eviction date is May 2 2011.

I do not know exactly how much I am in default with Barclays. The application not according to CCR 26(1)

 

Application for warrant of execution

Rule 1

 

(1) A judgment creditor desiring a warrant of execution to be issued shall file a request in that behalf certifying –

(a) the amount remaining due under the judgment or order; and

(b) where the order made is for payment of a sum of money by instalments –

(i) that the whole or part of any instalment due remains unpaid; and

(ii) the amount for which the warrant is to be issued.

 

I asked the court how much Barclays stated in the application that I owe and the court do not have the amount. Do you think I should write the court for failing to follow the procedures first or I should just fill form N244?

At the moment the property is rented. I wanted to change it to buy to let but I do not have good credit

I would like to sell the property because I am no more staying there.

Can you tell me what I should ask the judge to do with my application?

Thanks

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Hi - it sounds very complicated - cant find the attachments you mention? but - maybe the first thing you should do is ask for an adjournment to get your defence together properly and find out exactly what they say you owe and why, and what other steps they should have taken before moving to warrants. One thing I do know is that a suspended repo order is still a repo order - if you can show that you have paid what is due on that order existing order and complied with its determination get it squashed - look into claiming back overcharges etc -dont forget that the more you defend the more you are likely to incur in costs unless you get the DJ to make an order about the costs and can show why you shouldnt be made to pay them - especially if you have evidence of their mistakes etc. Good luck, - hope someone who is more knowledgable than me will assist soon.

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Hi campari2

Thank you very much for your reply. I deleted the attachment because it seems no one was willing to reply my post. But I really appreciate your effort without the attachment. I have attached the necessary document and I also sent Barclays a letter today asking for statement of Overdue Account since 1999 to March 2011. Copy of this letter is in the attachment call " 2011 eviction proceedings'" this also document all our conversation regarding the eviction and details of my payment since the judgment of 2008. The mortgage statement details all the fees and charges debited into my account. I did not remortgage since I took the mortgage in 1999 but I took some mortgage addition in 2000 and 2004 and I do not know the reason why Barclays kept changing my account.

This account changes started before the hearing of 2007. I was once told that my account was in their old mortgage terms not according to their current terms of mortgage. In May 2008 Barclays added the money it paid the council to my account and the monthly installment was based on the total balance. Please look at the interest rate changes in February 2008 and May 2008.

Regarding the adjournment you suggested, could you tell me how to adjourn the case? I already lodge a complain with Ombudsman since 2 weeks ago and have applied for the Subject Access request from Barclays. I called Ombudsman today to let them know that I have eviction date for May 3 2011 and they said they will put a note on my file to speed it up but I should seek legal advice.

Could you please have a look at the attachment again?

Thank you for your time.

Edited by bossy
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