Eviction order for 17th jan -** EVICTION STOPPED **

[jok1979]

Hi all. I have a mortgage with Platform and through me losing my job have had problems paying.

We had a suspended order back in May and agreed under that to pay an extra £180 per month. We had a few problems in sept and missed the payment so therefore had a eviction order for October. Platform said the only way to stop this would be to pay a lump sum of £2000, which we did with help from parents and then to carry on paying the extra £180 until the arrears is cleared.

When we paid this payment in October I asked if our mortgage payment date could be changed from 25th to 1st as this would suit my husbands pay date better. On 2nd Dec I received a letter from platform to say the solicitors were asking the court for an eviciton order as the direct debit was rejected by our bank on 25th November. I called Platform and explained I had asked for the date to be changed. They called me back to say they have listened to recordings and cannot find a call where I have asked for this and the eviction would go ahead.

They have again, in Dec, attempted to take payment on the 25th incurring us bank charges.

What we need to pay to stop eviction is £2300 by the 17th. I am due a tax refund which will cover this but the Inland Revenue have said it will be 2-4 weeks before it is in my bank account.

Please could anybody offer any advice, Platform have said they won't move the eviction date.

[Ell-enn]

Hi there, have you received an eviction notice yet? You will need to apply to the court on an N244 form to get a hearing to stop the eviction (I can help you with that), and I am confident, given what you have said, that the eviction will be cancelled.

 

Do you have anything from the tax office to prove you are due the rebate?

[Crapstone]

Send them an SAR and that should show up any calls you have made to them, as well as a history of the account. It's not uncommon that 'calls' and 'records' are lost when you try to remind them of verbal agreements or contact. Always put everything in writing and keep records of it for your own peace of mind. If they are adding fees to your account and not being reasonable then you should consider making a complaint to the FOS.

[jok1979]

Thanks for your help. The tax thing is now irrelevant as I might not get it for some time.

What I am trying to put to them is that I bring the payments up to date by paying the amount due in Dec and jan which totals £960, this would bring my agreement up to date.

I spoke to the solicitors today to offer this and they told my that as I had missed the payments the total amount would need to be paid of £2263.64 to stop the repossession. I advised them I did not think this was fair as I did ask for the date to be changed which they agreed to and never did, I also called as soon as I received the letter to say the direct debit had been returned to pay and they advised they would still go ahead with repossession.

I have advised I will be filling out a N244 form and going to court if they do not agree to this and I'm waiting for the solicitor to call me back.

The eviction is set for 17th jan.

[jok1979]

The solicitors have just called to say that Platform have no record of the call asking for the payment date to be changed so they would need payment in full.

If anybody could offer me further advice I would be grateful.

[Surfer01]

Are there any charges included in the arrears because if there are you may be able to put it into dispute to get a bit of breathing space and then to do a SAR.

[jok1979]

I'll check this when I get home but I'm sure they will be. How do I do that?

[Ell-enn]

If you have statements (they're supposed to send you them regularly) the charges will be shown on there.

[jok1979]

I've had a look on the statements and the charges are there but have only been added onto the mortgage balance and not the arrears.

[jok1979]

I've just been looking through my mail and I have a letter from Platform dated 06/05/10 which is when the payment plan was set up. It states that the mortgage subscription plus £180 commences on 25th may 2010 and is to be received by the 16th of each month.

Will this help me in any way.

[Surfer01]

If they have added charges to the balance, then you shoudl b able to dispute them.

[jok1979]

So I can dispute the charges and this will delay the eviction?

[Surfer01]

I am not 100% sure and I am hoping that someoen with a bit more knowlege than me can calrify. If it was normal debt, then yes. Your best bet is the SAR which should reveal the call made regarding the chnage of date. This can then be matched to your list of out going calls. Are the payments (not all arrears) up to date albeit that the last one was late?

[newstarter]

Hi there sorry to read about these problems your having,can you say,(a) what are your normal payments without the 180 on top (b) amount of arrears outstanding and © was the extra 180 your figure or were you pressured by Platforms reps into agreeing an extra 180 per month.

[newstarter]

P.S outstanding balance as well please,regards

 

N.S

[Ell-enn]

Hi jok, disputing the charges alone will not stop eviction especially as they have not been added into the arrears figure.You need to show the judge a proposal to make payments going forward which is what we will put in your N244.

 

As regards the charges, you need to write to the lender asking for the charges to be refunded (we have a letter for this), they will undoubtedly refuse, but you can then ask the FOS to take up your complaint.

[jok1979]

Hi all, the payments are £306, arrears are £2356, mortgage balance is £48956.91 and I put forward the £180, although I was told by them they would only accept an offer if it would be cleared within 24 months.

 

Thanks Ell, I'm filling out the form tonight and handing it in tomorrow, I would grateful for any help on what to write.

[Ell-enn]

Hi, I'll be back shortly - just finishing dinner

[jok1979]

Ok thanks. I don't know if its also worth mentioning when the agreement to pay an extra £180 was made we had agreed with Platform to change our mortgage to interest only for 12 months so the mortgage payment and extra combined was around £370 then part way through our mortgage changed back to repayment making the total monthly payment £480

[Ell-enn]

Hi there, need a bit more info before I can start to draft your statement for Q.10 of the N244.

 

Is the mortgage in joint names?

Do you have any children living at home?

Do you have the letter regarding the tax rebate?

 

You need to send in a budget sheet with the N244 and I have affixed the one we normally use - it calculates automatically as you fill it in so you can change figures to get the right result. Remember when filling it in that the amount you are offering towards the arrears is the amount left over after everything else has been accounted for.

 

Given that your arrears are not a great amount -£180 is a lot to offer each month in addition to the normal monthly payment - are you sure you can afford that? There is case law which we can use to support your case which gives the judge the power to order the arrears are paid over a longer period of time than the lender wants so you might want to consider lowering your offer.

Budget Sheet.xls

[jok1979]

Hi, yes it is joint with my husband, we have no children. I've been told by the tax office the rayment amount may be incorrect so don't think I'll be bringing this up.

To be realistic and extra £100 is what we can afford so £406 in total.

[jok1979]

When we agreed to pay an extra £180 under the suspended court order in May our mortgage amount was £168.80 so the total amount we were paying was £348.80, as they had agreed to switch to interest only prior to this. I did not know the interest only was for 12 months only so this meant from Sept it went back to repayment making our payment £306 (the mortgage amount) + £180 (the arrears) which was more then we could afford.

[Ell-enn]

OK, fill out the budget sheet to show you only have £100 left over each month to pay towards the arrears (in Step 3 it will be the difference between your income and your outgoings). Let me know when you have done that. In the meantime I will write the statement for Q.10 of the N244. Back shortly.......

[jok1979]

Thank you

[Ell-enn]

Hi there, what happened to the payment you were supposed to make on 1st December? if they tried to take it on 25th December was the money not there? (the judge will want to know why you didn't make the payment)