Urgent Help Required - Repossesion of House EVICTION CANCELLED

[jansus]

Also make sure you keep a record of these calls in case you need to refer to them in court. There is no way they should refuse a payment which may cause a charge.

[devlin1976]

Hi, Sorry for the delay, I lost connection and couldn't get it back.

 

I don't know if I can borrow the money from the loan shark, I was just saying that it is the only option for borrowing the money. I really don't want to go down that route again, as the repayments were £800 a month, which is more than the mortgage. I also know that I won't be able to pay them both again, which will leave me in the same predicament again.

 

I really want to keep my home, pay off the arrears in instalments and get back on an even keel with my mortgage. Is it too much to ask?

 

I have just connected the printer, so I can print off the statement.

 

Thanks

[Ell-enn]

OK, please, please do not go to the loan shark - you will only end up in the same position again.

 

Affixed is the statement to go with Q.10. Where I have put XXX's you need to fill in the info from the warrant (delete the X's of course). Do not edit the words Claimant and Defendant in the extreme right hand boxes.

 

On the letter from your employer, write the claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on the budget sheet except put Appendix 2.

 

Once you have it all together take a copy of everything as you will need to take one with you on the day of the hearing.

 

I have to go out for an hour or so - will you be able to get online later so I can check you are OK with everything?

 

The fee to pay at court will be £35.00.

 

Kind Regards

 

Ell-enn

Devlin N244.doc

[devlin1976]

Hi,

 

Yes I should be on here for the rest of the day, connection depending! I am trying to get as much sorted out as I can.

 

I am terrified of having to go back to the loan shark. I didn't have the money on the day he called for it a few months ago and he smashed the window on my back door. I suppose it was effective in the sense that I made sure I had the money early, in case he called early to collect. Unfortunatly, his actions scared me in to paying him instead of the mortgage.

 

I really appreciate all the help you have given me.

[Markiemark1]

I would definitely mention the refusal to accept payment from you to the Judge at Court. I've known this to happen and the Judge has had a complete wobbly...generally gives the solicitor for the claimant a very hard time at that point. It will help sway it in your favour - not that it will be a problem at all. Please please please don't worry. Enjoy tonight - look to 2009 as the year you will be sorted.

 

Any questions please post away.

 

RM

[Ell-enn]

The refusal to accept payment is detailed in the statement.

[devlin1976]

Do I give the statement, budget sheet and letter from my employer with the N244 on the 2nd? Then take the copies with me to the hearing?

 

Sorry for the stupid questions, I just want to make sure I get it right.

[Ell-enn]

Hi there, you need to attach (securely) the letter from your employer (Appendix 1) and the budget sheet (Appendix 2) to the N244 and hand it in t the court on the 2nd.

 

Make sure you take copies of the form, the letter and the budget sheet for yourself to take with you to court on the day of the hearing. You will need to be able to refer to what you have said if necessary.

 

Once you have a date for the hearing we will go through the procedure in more detail.

 

Are you able to send a cheque for the payment they wouldn't take over the phone? If so, let me know and I'll draft a letter for you to send with it.

 

Ell

[devlin1976]

I have just tried phoning them again, and they still won't let me know how much the monthly payment is. It's changed twice because of the interest rate cut, but I don't know to how much. They have also said that they will not take any payments on the account and reiterated what the other girl said about the fact that they'll be taking the house. As I said before, not very helpful!

 

When I asked them what method of payment they did accept, they said I would have to clear the arrears by bank transfer or by debit card only. Until the arrears had been cleared they would not talk to me about any other 'issues' regarding my account.

[Markiemark1]

Did you get the person's name? Tell them that you are applying for the warrant to be suspended and you wish to draw their conduct to the Court's attention.

[devlin1976]

No, they don't tell you their name, even when you ask. I did ask and she said that all the calls were all logged under their systems and they don't give out their personal information. I didn't say anything about applying to the court for it to be suspended as I didn't want them to know what I was doing in advance, if this make sense? I just think that they would perhaps pressure me?

[Markiemark1]

Makes perfect sense to me hun - don't blame you. The hearing will be with notice though, so they will most likely send someone to oppose it. Just tell them it's out of their and your hands and the Judge will decide whether or not they can take possession. With the exception of the next couple of hours I'll be around all evening (sad huh lol) so any jitters or help you need - just ask. I'm determined as many people as possible have a lovely New Year.

 

RM

[devlin1976]

Thanks for your support! I don't think I'll have a happy new year until after the hearing though, not even then possibly! I still can't get over the fact that they put it through my letter box on the 23rd, when they knew there would be nothing I could do until the new year! Christmas & New Year have been cancelled this year. I don't drink, due to looking after my father, but I am considering starting!

 

I'm so glad I found this site. Everyone has been very supportive and helpful, I don't know what I would have done without it!

[Markiemark1]

You'll be fine. I've done loads of these hearings and I think they've gone the lenders way in perhaps 3 occasions - and two of those were when the applicant (i.e. the person in your position) didn't turn up. The other was when the applicant had forged letters - but even then made another last minute application and the warrant was suspended. Those were I'm there for the Defendant I've not lost on yet. So please please please don't worry.

 

I agree tho. It does seem incredible heartless to have posted the letter on the 23rd. Whereabouts are you in the country?

 

RM

[devlin1976]

I'm in Cornwall and everything down here shuts over the Christmas / New Year period. It can be very frustrating.

 

I have to enter the N244 on the 2nd and they'll give me the next available date for the hearing, which they think will be the 8th / 9th Jan. The court is only open on those 2 days of the week. If things don't go my way at the hearing, is there anything I can do? The warrent for possesion is for the 15th and it doesn't leave me much time.

[Ell-enn]

You will be fine, try and relax a bit - there's no reason why the judge shouldn't suspend the eviction, you have an income and can show you are able to maintain payments towards the arrears. I have helped people in a much worse situation than yours and they have kept their homes.

 

Stay positive

 

Ellx

[devlin1976]

Thanks! I'm going to log-off now and try and spend some time with my father & son rather than panicing. I know I can't do anything until the 2nd and I need to relax a bit.

 

I'll go to the court on the 2nd with the information provided and I'll work from there. No doubt I'll be on here then, but tomorrow will just be a family day!

 

I hope you have a good new year and once again, thanks. x

[Markiemark1]

Yes, you can appeal the decision of the District Judge but make sure you ask for leave to appeal at the hearing if it doesn't go you way. Even if the Judge won't grant you permission, you then apply to the Circuit Judge for permission to appeal. In Law you have every reason to have the warrant suspended. I've seen far far worse situations where the borrowers have had the warrant suspended so I'm very confident.

 

RM

[Quaker1]

Help! We had a mortgage with Amber Home Loans, who sold it on to Redstone, since that time our payments have gone up over £500 per month. We are both self employed and got into a bit of financial trouble! We missed a couple of mortgage payments, tried to talk to Redstone but they wouldn't listen. They applied to the court for a repossession order - I rang them before the court date and told them that I could start making payments in January as I had now got a job - they told me that the hearing was not for repossession but for the judge to work out a payment plan, so stupidly I did not attend - I was scared stiff!!! We have now received a letter on the 23rd December stating that repossession will take place on the 14th Jan 2009. What can I do - this is making me feel like topping myself - I have two young boys - and am now in a position to make my mortgage payments but have heard so much about Redstone that I'm scared they won't listen. Help please.

[jansus]

Help! We had a mortgage with Amber Home Loans, who sold it on to Redstone, since that time our payments have gone up over £500 per month. We are both self employed and got into a bit of financial trouble! We missed a couple of mortgage payments, tried to talk to Redstone but they wouldn't listen. They applied to the court for a repossession order - I rang them before the court date and told them that I could start making payments in January as I had now got a job - they told me that the hearing was not for repossession but for the judge to work out a payment plan, so stupidly I did not attend - I was scared stiff!!! We have now received a letter on the 23rd December stating that repossession will take place on the 14th Jan 2009. What can I do - this is making me feel like topping myself - I have two young boys - and am now in a position to make my mortgage payments but have heard so much about Redstone that I'm scared they won't listen. Help please.

 

 

 

When you come into the possessions forum you will see a button at the bottom New Thread. If you start your own thread you will get some help -- You can call it something like "help needed with Restone Re-possession"

 

Then cut and copy your post and try and give us as much detail as possible.

 

jan

[Quaker1]

Thanks it's my first time on here and not sure what to do!

[devlin1976]

The hearing has been set for 10.30am on Friday 9th Jan.

 

Have you any advice or tips on what I do now?

 

Thanks

[Ell-enn]

Hi, make sure you have a copy of everything you handed in to court and also ensure you get to court in plenty of time.

 

There may be a free legal representative or CAB counsellor available in court on the day - if so, approach them and they will accompany you into the hearing. You could telephone the court beforehand to find out if they have any of them in attendance on the date of your hearing.

 

Ell

[devlin1976]

Hi Ell-enn,

 

Good news! I had a letter from the mortgage company this morning informing me that the possession could still be stopped if I phone them to discuss my proposals and the clearing of the arrears. I thought that I had nothing to lose by phoning them and that I didn't want it to seem that I was ignoring their correspondance.

 

I spoke to a really nice man this time and we talked through my payment proposals that I had entered on the budget sheet and my expenditure in general. I also said that I would be bringing someone from the CAB to the hearing tomorrow to re-iterate the details in my documents.

 

He asked if I could make any lump-sum payment towards the arrears figure, to which I replied 'No' and explained that I didn't want to get in to the same problems as before, when the arrears were cleared by the loan-shark. I also explained that I wouldn't be geting my full paypacked until the last working day of the month (January). I explained to him that I just wanted to get everything back on the straight and narrow and to clear the arrears in a 'proper' manner.

 

He had to discuss it with his colleague, but came back to me after 5 minutes and confirmed that they would accept the arrangement starting on 1st February. He also apologised for his colleagues rude and unhelpful manner, as in the rude woman who wouldn't tell me how much the mortgage was a month!

 

I will still be going to court in the morning, but he has told me that they will inform their solicitors of the agreement. I don't trust them, so I will definately be going!

 

I know it is still up to the judge, but at least it is a step forward.

 

Have you heard of cases being decided against a person, where an agreement has been put in place?

[Ell-enn]

Hi there, if the other side have agreed to a suspension and infomed their court representative then you will have no problem.

 

Did you get the name of the guy you spoke to? it would be worth mentioning in court that you came to an agreement over the phone today.

 

It will be fine - I'm confident you will get a good result.

 

Kind Regards

 

 

Ell-enn