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    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Eviction Notice for 13th November, Suspended repo Order EVICTION CANCELLED


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Hi All

 

I went to court nearly 4 years ago for a suspended repo order after my hubby died. I was granted this.

 

Last year I was made redundant, and fell behind again, went to court again in jan/feb time. Again was suspended.

 

Have now missed 3 payments, I can pay half of what i have lapsed scared to cause this is all the money I have.

 

My boiler broke, had to pay a fortune to get it fixed, and due to childcare problems had 3 weeks of work with no income, at the end of the summer holidays.

 

On my way to court now to fill in n244 form, Should i list these problems or not.

 

Spoke to council as well, and have been told I meet the criteria, for a mortgage rescue scheme. Should i mention this. This is a last resort. I do however want to sell the house.

 

There is about 25,000 equity in the property.

 

I can afford to resume payments.

 

Any Advice

 

Thanks

 

Also Abbey do want me out of the property, there rep told me that she was advised to oppose, me staying in the property at the last hearing

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Oh god thats awful of Abbey. I would say that all those points should be made but would advise you wait for someone like Ell or Jansus to take a look at your thread before entering your N244 form. They can advise properly on what you should put.

 

I would say that you should resume your payments as this can only look favourable on your part. I was in the same situation and managed to avoid court by paying a huge part of my arrears after a friend lent me the money!!

 

Hold tight until the experts come along :)

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Been to court, for my n244 form, with the intention of filling it in there. Bottled it though, in case I messed it up.

 

So need help with my statement, if anyone can.

 

Also been to housing offices, they are typing me a letter today, to file with my form, to say that I am considered eligble for the mortgage repossesion scheme. And to show that an appointment has been made.

 

The thinking is that it will give me a few months to try and find a buyer for the house. If not then the council will have it i suppose, if im accepted.

 

The worse case is next week me and my son will be homeless, im beginning to think this is going to be the outcome, 3 times in court doesnt look good does it

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Hold on in there. They will only be granted repo if there is " NO HOPE "

I wont offer any advice, i will leave that to Ells.

I just wanted to add my support, i have £15k arrears, been to court about 20 times, and im still here.

 

I will be watching.

 

Good Luck.

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morganalfie

 

Again, dont despair. I am sure something can be sorted.

I also have an eviction date, mine is the 16th.

With the help of Ell-enn (who will be along later) I have completed my N244 and now have a hearing date and everything looks a lot better now.

Regards

 

on*the*case

 

Never Give Up! Never Surrender!

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Hi there, have you got a hearing date, or have you brought the N244 home to fill it in.

 

If you are eligible for the mortgage rescue scheme this needs to be shown to the court as it is highly unlikely the judge will award possession to Abbey while you are in the process of the MRS. Have you got any paperwork from the council about your application for the scheme?

 

Please update and we can advise further.

 

Ell-enn

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no, I have to go back to council in the morning to pick up a letter, to them I have an appointment and that i am being considered for the scheme.

 

Im going to take the letter in and attach it to the n244 form. When i hand it in tomorrow

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Have you done a statement for Q.10 of the N244? or do you need help with that?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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If you are able to recommence payments while the application for the MRS scheme is going through I think that's your best bet. If you say you want to sell the house the judge may think you've given up and if possession is ordered Abbey will sell the house at whatever price they can get - you may even end up owing a shortfall.

 

If you can let me know how you want to proceed I can draft a statement for Q.10 of the form if you need me to.

 

Ell

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You won't lose the house if you have young children and are accepted onto the MRS scheme. I think you should make a payment tomorrow - as this will show the court your commitment, and we'll put together a defence for the hearing.

 

Are you able to get online in the morning? I will be able to put the statement on this thread then.

 

Ell

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I'll do it first thing in the morning when I get to my office. I'm having problems with Word documents on my laptop at home at the moment so I can't do it tonight.

 

Will that be OK?

 

Ell

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Yes thats brilliant thanks again,, do u think thats the only way i will get to keep the house through the mrs, wat happens if that doesnt work out what will the court say then.

 

And what are the chances of them accepting the mrs scheme

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What was the payment arrangement under the previous suspended order? are you able to continue with those payments while you sort out the MRS? How much are the arrears?

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Have you got a budget sheet? I have affixed the one we usually use. Remember when filling in a budget sheet that the £30 you are offering on top of the normal monthly payment, is the amount left over after everything else has been paid.

 

Do you know what the total arrears are?

Have you got a recent statement from Abbey showing payments? if so, are there any arrears charges on it that may have been added into your arrears total?

 

Ell

Budget Sheet.xls

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Have Abbey not been sending you statements?

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OK, see if you can find it - it will give us an idea of the arrears situation.

 

I'm logging off now as I have to be up early tomorrow, but I will be back on line first thing.

 

Ell

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