I am out of my wits! Please help EVICTION CANCELLED

[DoubleU]

In November 2008, I was unemployed and received a court action in order to establish a CCJ to force me paying a loan (£ 10,000) secured on my house. The court ruled that I should keep paying the £100/month offered and as soon as I found work, pay the contracted repayment amount fo £ 258 plus 50% (total of £387/month, which I had offered). Unfortunately, in spite of having a years contract, I was made redundant in February 2009. Of course I could not maintain the payments of £ 387/month or the original sum of £ 258/month. However, I have been paying £ 100/month since that time. (Arrears £ 885.=) On Friday I received a warrant for eviction to be activated on 13th October (1 day before my 62nd birthday) and I am at my wits end! What can I do, what should I do, what are my chances of successfully having this warrant suspended? The loan Company also makes regular (letter every 7 days at a cost of £35 and intimidating phonecalls that leave me reeling about 3 times a week and they are really getting to me. Last phonecall was yesterday, asking me whether I was in the process to vacate my house, because they had people ready to move in, which they did not want to wait longer than necessary) I am in receipt of JSA and have a letter from the jobcentre confirming this. I know it is Sunday, but the weeks are flying past and I am sooo s*- scared of loosing my house that I have not slept since receiving the warrant.

[jansus]

I have to pop out but what they are saying about having people ready to move in is rubbish.

 

We need you to get a harrasment letter done - and an income and expenditure form to see what you can afford.

 

Be back later

[DoubleU]

Hi Jansus, Thanks for replying, you said that you'd be back later, anything I can do in the meantime or should I wait for you?

DoubleU

[jansus]

Hi sorry

 

here is a link to the harrasment letter(post 7) -dont deal with this people on the phone . What they have been telling you is totally out of order

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/223300-lloyds-enforceable-agreement.html?highlight=harassment+letter

 

Just adapt the letter to your situation.

 

Try an quickly jot down notes of dates and what they said to you.

 

It may be useful later.

 

How did they get the warrant ?

 

Was there a court case that you did not attend?

 

Does the arrears figure that they quote include arrears charges?

 

who is the second charge with?

 

Was there any PPI sold with the loan.

 

what is the position with equity in the property? Do you owe mor than the house is worth?

 

what is your ultimate aim? do you want to sell up and start again?

 

Have you checked you have all the help you are entitled to ?

 

www.entitledto.com

[midge61]

Hi

 

This wouldn't be Blemain Finance by any chance?

[DoubleU]

Thanks for contacting me Jansus. I will give replies to your questions below.

I will do harrassment letter today.

I don't know how they got the warrant. No notification of further court case. I think this was the follow up of the first CCJ where I paid contracted amount of £ 258.= plus 50% (£387.=/month) whilst in work and working arrears away, and then not maintaining this and going back to £ 100.=/month when I was made redundant on the basis of last in first out.

No court cases that I know of, I would have attended.

Are charges included in arrears figures? I don't know, this was an amount mentioned by one of the staff that phoned me, with the offer of stopping the eviction warrant if I could pay them £ 880 before the eviction date.

Second Charge is indeed with Blemain Finance, part of the Jerrold Group (Yes you are right Midge61!!)

Unfortunately, because I am an IT contractor, no PPI was sold with the loan, because I am aware of the fact they do not pay out .

In today's market, property is worth approx £ 255000.= First Charge (mortgage with Halifax) is £ 145000.=

Second Charge is with these people (Blemain Finance Ltd) for £ 10,000.

I am getting close to retirement (62 next week) I have no pension. My ultimate aim is to sell this property and downsize so I have a low or preferably no mortgage.

The plans are to put the property on the market as soon as I am able to raise the funds (work) to paint and decorate, new bathroom. We already have a new kitchen (from Blemain of course). Blemain put pressure on to put house up for sale, but I would loose about £25000.= on the value, as a result of the state it is in. (Hence decorating plans) I also do not have £ 350.= for a HIPS that is legally required to put it up for sale. My oldest daughter is putting her house on the mmarket as a result of this. (is in good nick) and we are planning to use the equity in that one to get rid of Blemain. But Blemain beat me to it.

I am in the process of checking whether I get all the help, but do not know what type and where I can get this.

If you need more info, just ask. I don't want to put pressure on you, but I feel you are my potential lifeline. My house is basically my pension, and I was just praying I could get through this financial crisis, so I could sell up and live morgage free

thank you

DoubleU

[sillygirl1]

You need to get an N244 filled in ASAP and get an emergency hearing, they should be stopped as clearly Belmain CANNOT get people into your house without the Halifax being involved, as the FIRST CHARGE has to be cleared first... that will take MONTHS (I speak with experience here, second charge company repossessed me and first charge company took nearly 10 months before they really became 'owners').

 

Jansus and Ellen are the people to help here, they can help with the form and the letter, okay it will cost you £75 but you can save your house from Belmain and take control of any sale of the house yourself as part of the process. No point leaving it up to the swines who will undersell and take a huge cut for nothing.

 

Get the N244 form downloaded from the HMS Court website and get back to us ASAP... we can hopefully help save your house. I'll alert Ell-en to your post.

[DoubleU]

Hi Sillygirl1,

I have the N244 ready downloaded. I do apologise, but pressures and sleepless nights (2 hours last night after a couple of stiff whisky's, which is a lot for a guy who does not drink) are making it difficult to think straight. Apart from the fact that I have never been in a situation like this and haven't got a clue what my rights are, what to do, where to go. So, you guys' action, based on the fact that I put my scream for help on this site on Sunday is really staggering. I think you should chage your 'name' to 'clevergirl1'

Pse advise

[sillygirl1]

Hi DoubleU, I was very silly at one time, learnt a lot from this site in the last couple of years though. Three years ago this week (10th) I was repossessed by the second charge company (London & Scottish, now in administration with no buyer) and GMAC were the first charge, both have tried to stitch me up even further since.

 

If you start filling in the form and email when you have a problem I'll pick it up, (still on the sick list for this week, however much better and getting ready the house tidy for once in between longish rests!)

 

What I suggest is read through the form, do some draft answers on a separate piece of paper and I'll see if Ell-enn is about to help further.

[Ell-enn]

Hi there, I have affixed an N244 form and also a budget sheet which you will need to send in with the form.

 

You also need to gather together all the letters showing the £35 arrears charges, and you need to mention the comment that they had someone waiting to move into your home.

 

What are you actually able to offer each month? that is what the judge will be looking for. However, the fact that the arrears are only approx £900 will be in your favour.

 

Is there any other income coming into the house? Have you made a claim to the DWP for mortgage interest relief on your main mortgage (is that interest only or repayment mortgage?)

 

I can help you with the statement for Q.10 of the N244 but will need to ask you for more information. I will be checking this thread throughout the day and I will also be online at home all of this evening.

 

Ell

n244_e.pdf

Budget Sheet.xls

[DoubleU]

Hi Ell-enn, and thank you Sillygirl1,

I will complete the N244 form and the budget sheet and get back to you asap.

My contractual payment is £258,28 monthly.

In november 2008, Blemain obtained a CCJ against me. The judgement was as follows:

Pay £100/month until you receive your first wage (I was in work as from 1 week after the court hearing) there after pay the contractually agreed amount of £ 258.28 PLUS 50% (i.e.: £ 129.14) making a total of £ 387.42.

I paid £ 387.42 over December, January, February,March and April. The Company that took me on, cancelled the project and I was out on the street again 28 Febr 2009.

From May 2009 to date, I have been paying £ 100/ month again. Last payment made was on 27 Sept 2009.

Apart from phonecalls (intimidating and aggressive), Blemain have not been prepared to negotiate. Last Saturday, they called again and asked me whether I was actively working on vacating the premises, since they wanted to take posession that day. Although on the one hand they said they had people ready to move in, during the same phonecall, the girl I spoke to (Vicky) said that if I could pay £ 880, they would stop the warrant. Today I have contacted Blemain and spoke to Jason of collections dept. He said that Blemain were not prepared to negotiate and they would press for immediate eviction.

I asked what the total arrears were and he said that they were £1244.= That was 10:30 this morning. An increase al be it verbal, of £ 364 between Saturday and Monday

 

By re-arranging all other finances in order to allow me to concentrate on this, I can offer to pay Blemain £ 200.= per month whilst I am out of work. (next payment due: 27 Oct '09) Once I am in work, repayments, including double the contracted rate is not an issue.

Apart from £ 64.30 standard JSA, my wife works full time as a receptionist and clears £ 1114/month net. No other income/no savings, banks overdrawn. All other costs and charges will be shown on budget sheet. I have not asked DWP (who or what are they?) for mortgage interest relief. Mortgage is interest only, currently £ 519/month.

Any other information you require, please just ask. I have very little to hide so there are no skeletons in cupboards. Just a silly old twit who is learning the hard way, who to do business with and who not. Besides, when I applied, times were good. Now it's a different story. Nobody in the financial world saw this one coming, and certainly not the general public, of which I am just 1.

I'll get back to you shortly with more information

DoubleU

[sillygirl1]

Thanks for helping Ell-een.

 

Here is another link which might be useful - check to see if you are entitled to any benefits

 

Money, tax and benefits : Directgov

 

Check to see if the mortgage rescue scheme might be helpful too... this has the latest pre court protocols which ( I think) Belmain say don't apply to them...

 

 

Pre-Action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property - Ministry of Justice

[DoubleU]

Thanks Sillygirl1, will do. First budget form and N244 for Ell-En

 

Bye 4 now

Double U

[jansus]

Just popped in while at lunch and glad to see you are getting some help.

Above is a link to the guidleines from the Ministry of Justice that lenders should adhere to.

 

You are moving in the right direction now.

 

Sorry see I have been beaten to it ( in a good way!)

[DoubleU]

Hi Jansus,

Thanks for your msg this morning. Yes, things are changing so fast, I can hardly keep up with it. From escalating in the negative way to the positive way as it is now, is a totally different world. You, Ell-En and Sillygirl1 are certaibnly the sort of people that help to restore my belief in humanity.

Although I have not won anything yet, this is now starting to make me feel better, because I feel I can have an input in or potentially change what was heading for me at 100 miles per hour on Friday.

Thanks guys (and galls)

[DoubleU]

Hi Ell-en, Have completed the budget thingy. How do I get this to you?

[middenmess]

Click on Ell-en's name in left hand column then click on contact then send PM [private message]

[jansus]

Here is another site that helps you to check you are receiving all the help you should be getting.

 

www.entitledto.com

 

Also if you are intending to sell the property there is case law that indicates you should be allowed to reside in the property whilst the property is for sale.

 

One reason that the second charge companies always become more jumpy is that in theory they have less security - especially in times of unstable house prices.However that is no excuse for intimidation and harassment and you need to stand your ground on that.

 

Have you actually seen the eviction warrant in writing?

If you have presumably it would mention the court and date it was issued?

 

Did you manage o send your budget sheet to Ell-enn?

[DoubleU]

Hi Jansus,

Yes I have had a look at 'entitledto.com

I had the original warrant for eviction served both on myself and the missus pushed through the letterbox on 2/10/2009. According to the protocal they should follow, I require 15 business days notice. They gave me 11 days including 2 weekends (weekend just gone and weekend coming) Hence my initial panic. Although still very insecure, I am slowly beginning to feel just a tad better

 

Budget sent to Ell-en and have had reply with suggestions which I am working on. I am aiming to lodge the application for an emergency hearing tomorrow

Thanks Jansus!!

[Ell-enn]

Hi, let me know when you have completed the budget sheet and I'll finalise the statement for Q10.

[midge61]

Hi

 

Blemain will be adding £35 per letter and each phone call (whether you answer or not). They also add £250 for passing it to Monarch Recoveries, their in house debt collectors. They will probably of added their solisitors fees from obtaining the CCJ.

 

You need to write to them and ask for a statement of charges to see exactly how much has been added over the life of the loan.

 

I too have the mis-fortune of having a secured loan with them and KNOW exactly what they are putting you through. Try not to talk to them on the phone where possible theywill only try to bully you and will then deny anything that has been said.

 

Don't let the buggers get you down. You have rights and Ell-enn will help you exercise them.

[DoubleU]

Thanks for your support Midge61, I will write to them today and demand a statement of charges, see what happens. Forwarded my amended budget sheet to Ell-En and now hoping I get the go ahead from those that are 'in the know'

 

I am now completing the N244 together with Ell-En and with a bit of luck I can lodge this at the court this afternoon and get an emergency hearing date. I will have to have some stiff drinks before that (figuratively speaking) because I am scared out of my whits. I just have problems getting the picture of loosing my house for a lousy 1244 quids worth of arrears as a 62nd birthday present, out of my mind. I am also starting to realise how much effect these guys have had on me mentally. But, trying to cope and with your guys' help (all credit to Jansus and Ell-En) and support I hope to get through this.

By the way: I found this, copied in together with my comments in blue:

Pre-Action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property

 

Scope

 

3.1

 

This Protocol applies to arrears on –

(1) first charge residential mortgages and home purchase plans regulated by the Financial Services Authority under the Financial Services and Markets Act 2000;

(2) second charge mortgages over residential property and other secured loans regulated under the Consumer Credit Act 1974 on residential property; and

(3) unregulated residential mortgages.

3.2

 

Where a potential claim includes a money claim and a claim for possession this protocol applies to both.

 

ACTIONS PRIOR TO THE START OF A POSSESSION CLAIM

 

5 Initial contact and provision of information

 

5.1

 

Where the borrower falls into arrears the lender should provide the borrower with –

(1) where appropriate, the required regulatory information sheet or the National Homelessness Advice Service booklet on mortgage arrears; (Not Received) and

(2) information concerning the amount of arrears which should include –

(a) the total amount of the arrears; (Not Received)

(b) the total outstanding of the mortgage or the home purchase plan; and (Not Received)

© whether interest or charges will be added, and if so and where appropriate, details or an estimate of the interest or charges that may be payable. (Not Received)

5.2

 

The parties should take all reasonable steps to discuss with each other, or their representatives, the cause of the arrears, the borrower's financial circumstances and proposals for repayment of the arrears (see 7.1). For example, parties should consider whether the causes of the arrears are temporary or long term and whether the borrower may be able to pay the arrears in a reasonable time. Offered payment to the Lender whilst unemployed. Lender refused to accept – Paid anyway. Contracted amount: £ 258.28/month – Temporary offer (£ 100/month) and Payments of £ 100/month

5.3

 

The lender should advise the borrower to make early contact with the housing department of the borrower's Local Authority and, should, where necessary, refer the borrower to appropriate sources of independent debt advice. (Not Received)

5.4

 

The lender should consider a reasonable request from the borrower to change the date of regular payment (within the same payment period) or the method by which payment is made. The lender should either agree to such a request or, where it refuses such a request, it should, within a reasonable period of time, give the borrower a written explanation of its reasons for the refusal. (Not Received)

5.5

 

The lender should respond promptly to any proposal for payment made by the borrower. If the lender does not agree to such a proposal it should give reasons in writing to the borrower within 10 business days of the proposal. (Not Received)

5.6

 

If the lender submits a proposal for payment, the borrower should be given a reasonable period of time in which to consider such proposals. The lender should set out the proposal in sufficient detail to enable the borrower to understand the implications of the proposal. Lender never submitted any proposals whatsoever, only bluntly refused any proposals made by the borrower

5.7

 

If the borrower fails to comply with an agreement, the lender should warn the borrower, by giving the borrower 15 business days notice in writing, (Not Received) Only received warrant for eviction, delivered by hand on 01/10/2009 at approx 11:30 am. Warrant was issued on 30 Sept, 10 business days before stated eviction date of 13 October no written notice received of its intention to start a possession claim unless the borrower remedies the breach in the agreement. (Not Received)

[Ell-enn]

Hi there, these protocols are PRE-action protocols, in other words these are the recommendations lenders should adhere to before any possession claim is brought. You have already had a court hearing and a suspended possession order so you are now in a post action situation. I'm not trying to say what Blemain have done is right - I'm just pointing out the actual meaning of the protocols - and that it wouldn't be appropriate to use the pre-action protocols in mitigation.

 

I can send you over the template statement I have done for Q.10 of the N244 - you only need to fill in the gaps where I have put XXX's.

 

Ell-enn

[DoubleU]

Hi Ell-Enn, Yes you are right. These are indeed action protocols before any action has been taken, referring to my earlier CCJ. I am of course looking forward to the Q10 template statement. Thanks again. From your experience, is there anything else that I should, could or must do in order to get this to a more positive situation?

 

best regards and thanks once again (can't do this enough!!)

DoubleU

[Ell-enn]

Hi there, affixed is the statement. You need to enter the info where there are XXX's - you will get the details for the ones at the top of the statement from the eviction notice.

 

You will need - proof of the payments you have been making - bank statements? for Appendix 1

Appendix 2 is the budget sheet

Appendix 3 is the letters showing the charges they are adding.

 

On each of the appendices write the Claim number on the top left hand corner and the relevant Appendix number on the top right hand corner.

 

So you should assemble as follows:

 

Completed N244 form

Statement for Q.10

Appendix 1 - Proof of payments made

Appendix 2 - budget sheet

Appendix 3 - letters showig charges.

 

Once you have all that assembled into a "pack" take a photocopy of it all before securely stapling each pack. Take one pack to court with you - there will be a fee of £35.00 to pay.

 

Let me know asap what date the hearing is and I will guide you through the process.

 

Any questions, just shout.

 

Ellx

Double U N244 Statement.doc