Eviction Notice Issued today - **SUSPENDED**

[Ell-enn]

Who is stated as the claimant on the eviction order?

Who was the claimant on the original court possession claim?

Have you received anything in writing that the mortgage is now with Acenden?

Do you have any correspondence from Acenden in relation to this situation ?

[newstarter]

Preffered mortgages are part of the mother company capstones who have since changed their name to Acenden

[jackovski]

The claimant on the eviction notice is Preferred Mortgages represented by TLT LLP solicitors.

I don't have a copy of the original court possession claim as that was all in the paperwork that is with the OR but I'm certain it was again preferred with TLT representing them

I had a leeter on 22nd November stating that Capstone becomes Acenden who services my mortgage and giving me all their contact numbers.

After the eviction notice was issued I received a letter from Acenden on 10th December stating "as you may be aware we have been granted a court order for possession of your property"

[Ell-enn]

Hm, I think Acenden should apply to the court to change the name of the Claimant - I'll check it out.

[jackovski]

TY:-)

[indistress]

Hm, I think Acenden should apply to the court to change the name of the Claimant - I'll check it out.

 

 

Hi Ellen

 

I know you have been helping me with mine. But this is actually the same on my Eviction Notice, there is no mention of Acenden being the claimant and the solicitors being Glenisters. I did have dealings with TLT LLP Solicitors previously.

[stefaniex]

exactly the same as mine ..x

[jackovski]

Hi Ell, hope you had a nice New Year. Any help for court hearing? Thnx

[Ell-enn]

Hi, I'll get back to you later today - I need to go out for a while.

[jackovski]

No problem. Thnx

[Ell-enn]

Hi there, while the claimant should let the court know of the change of name, the only thing that would be gained by informing the judge would be a possible adjournment which would mean the hearing would be delayed. You'd then have to attend on another day and the outcome would be the same. However, you could bring it to the judge's attention and to keep him on your side, you could say that in order to prevent wasting the court's time you agree to an amendment at the hearing - this would put you in a good light.

[jackovski]

Yes, thats what I thought. It's like the spelling of my address on the same form...it's wrong, but again the only purpose would be to postpone for a short time.

 

All I can do now is wait and see what happens...

[Ell-enn]

Stay positive, it'll be OK

[jackovski]

Hi Ell, your a star...from another grateful cagger... The judge went in my favour, was impressed with defence statement and has suspended the eviction on my terms. The **** were not going to accept 30 towards the arrears but after the judge looked at my budget sheet again he said nope, 30 is fine....

 

Now the next battle...lets get those charges back....may need your help on that one also..

 

Do I need to SAR them now?

 

Thnx so much...

[jackovski]

BTW, he did mention the case and said although he is aware of it, it has'nt been fully implemented on normal mortgages but he accepted it's bearing...and as such was happy to allow the arrears to be paid over the remaining term...

[indistress]

Well done jackovski, I hope judge goes in my favour next week. Im really worried about mine

[Ell-enn]

Excellent result! well done for standing up to them. Hope you can relax a bit more now.

 

Affixed is the mortgage SAR letter, you need to send it with a £10 postal order. On the back of the PO you need to write "fee for Subject Access Request ONLY-" and also write your name, and mortgage account number. Take a photocopy of both the front and back of the PO and staple to copy of the letter to keep for your records. Make sure you send the letter by recorded delivery and print off the signature receipt from the royalmail website a few days after posting so you can prove they got it.

 

Once you have the info on charges, there is a template letter you can use to ask for them to be refunded. Let us know when you get the SAR back from them.

Mortgage SAR.doc

[jackovski]

Thnx Ell, yes I can relax now..phew...will get that sent off tomorrow..