Urgent Help Required - Repossesion of House EVICTION CANCELLED

[devlin1976]

Yes I got the guys name and wrote it on the letter they sent me today, which I'll be taking with me tomorrow.

 

Thanks for everything and I'll keep you updated!

 

Hearing is 10.30am tomorrow.

[Ell-enn]

Look forward to hearing your good news

[Markiemark1]

You'll be fine....absolutely fine....I did a case today where agreement had been reached, and in fact the Court order lower than agreed payments in order to ensure that the arrangmeent was affordable.

 

Good luck tomorrow

 

RM

[jansus]

Yes good luck from me as well. It sounds like you will be fine. Good to have the arrangement confirmed before you go into court.

 

Dont forget to let everyone how it goes as it is udeful for others to know what actually happens at the hearings

 

Jan

[Jane1960]

The very best of Luck Devlin,you will be in my thoughts,Go get em x

[Bona]

Good luck be thinking of you

[devlin1976]

Hi,

 

I got to the court today in good time for the hearing and was introduced to the mortgage companies solicitor by the clerk to the court. He was very nice and just talked over what was agreed on the phone yesterday and he wanted to clarify the figures outstanding on the mortgage with me, prior to going in. He said the judge would ask for these figures and he wanted to make sure that we were in agreement. The figures were fine and he knew exactly what was agreed yesterday on the phone with the mortgage company.

 

I went to wait in the waiting room, but we were asked if we would like to go in first as the next cases solicitor hadn't shown up. In we went.

 

It was all very straight forward and the judge confirmed the figures outstanding with their solicitor and asked if I agreed. He asked about my personal circumstances and whether I thought that I could keep to the agreement, to which I replied yes. The judge said it was obvious that I had received legal advice and quoted the Norgan law quote on the N244 and that he had taken that in to consideration. He said that it was a very difficult time for all homeowners at the moment and unless it was painfully clear that the mortgage couldn't be met, it is best to try and work through all other scenarios first.

 

He then cancelled the eviction and agreed the terms starting on the 1st February.

 

I could of kissed him!!

 

I really would like to thank Ell-enn for all of her help and advice, as well as the support of the other members, such as Repoman. I couldn't have got through this and Christmas / New Year without your support. xx

[Ell-enn]

That's wonderful news!! I'm so pleased for you - well done for being brave

 

I hope you can now relax and feel safe in your home.

 

Ellx

[Helford]

Congratulations!

 

A burden off your shoulders!

 

H

[Jane1960]

Congratulations Devlin,Well done you.

[pubman1]

I have been following this from a distance as I am no expert but well done to you, you must be thrilled. As others have said now sit down and relax!!

[Bona]

Well done have been thinking about you

[jansus]

Well done and thanks for the report.

 

Hope you can move forward now and relax a little.

 

Jan

[Markiemark1]

Superb news. I'm truly delighted for you. Well done. Now enjoy the New Year. xx

[StokiePotter]

I read this thread and thought.... I hope it has a happy ending

 

Its just a shame that their actions put you in a position where spending an enjoyable / stressfree christmas with your family was not possible.

 

Well done to all that offered their advice and I have to 2nd that this forum is GREAT!

[devlin1976]

Hi Ell-enn,

 

I'm afraid I need your help again, I have another eviction notice put through my door yesterday.

 

As you may gather from reading the previous threads that you so kindly helped my with, the new arrangement was set up to start from 1st February.

 

They didn't take the payment on the 1st Feb, as agreed, as they told me (in March) they they would have to set up a new direct debit agreement. I did this and paid for what I thought was February & March on my debit card. Every month since has been paid on the last day of the month by direct debit and has never been refused / failed. I was then told that the payment I made in March was for only the March payment, even though this was twice the actual months mortgage payment (or so I thought), because the Libor rate hadn't been reduced until March. So the savings on the Bank of England base rate didn't affect me until March's payment.

 

So basically they are chasing February's payment. I have offered to pay this and increase the arrears payment to £150, in light of the reduced mortgage payment, but they are saying that it won't change a thing!

 

I also recieved my quarterly mortgage account statement today and it shows all the payments I made, but they are also taking £115 per month as a Lit.Man. Fee, which they are adding to the arrears total. It makes a mockery of the fact that I'm paying £100 per month off the arrears (which was agreed with them) when they are adding £115 per month on. I didn't know this until I recieved my quarterly statement this morning.

 

I fought hard to keep my job and my house and now it looks like they are going to get it again, due to a stupid mix-up!

 

Please can you help, I don't know if I've got the fight in me anymore.

[Ell-enn]

Hi there - firstly - there's no way you're going to lose your home over this!!! so rustle up some fight and we'll get this sorted:)

 

What date is the eviction for?

 

Incidentally, if they have added the arrears management fee to the arrears figure then they are in the wrong and they will have to produce a true arrears figure in court.

 

Gather together proof of all the payments you have made since the order in January - bank statements? - copy them and highlight all payments to mortgage company, then blank out all other payee details on the statements.

 

You'll also need a copy of the mortgage statement showing that the fees have been added to the arears total.

 

Don't worry this can be sorted and we'll see if we can get them a kick in the ass from the judge!!

 

Ellx

[devlin1976]

HI again,

 

Thanks for the speedy reply, it's difficult to keep fighting sometimes, but I have to.

 

The eviction date is set for 8th July, which is only 2 weeks away.

 

I really don't know what to do know, do I have to do the N244 form and statement again?

[Ell-enn]

Hi there, yes you will have to enter an N244 again to get a hearing to stop eviction. However - the sooner you do that the better as the court will send a copy to the lender. When they see your statement I bet they come to an "arrangement" with you to stop the eviction!!

 

I've affixed an N244 to this post for you to complete and also instructions for completing qeustions 1 - 9. I will draft a statement for Q.10 this afternoon, then you should take it to the court tomorrow.

 

1. Your name

2. Tick Defendant

3. Suspension of eviction order payment proposal offered.

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except I Believe

Sign and cross out all options except Applicants

11. Sign and cross out all options except Applicants. Enter your address and contact details.

 

Let me know when you have the proof of payments etc ready and I will complete the statment.

 

Ell

n244_e.pdf

[devlin1976]

HI,

 

The proof of payment are ready to go at home. Is there any specific details on there you require?

[sillygirl1]

Surely something can be done to stop them taking the mickey like this - you need to have a clear statement from your bank showing the payments made, and the fact that they are not honouring the agreement themselves.

 

List every payment you have made and the date

List every fee payment they have added and ask to have these removed from the arrears total... the Judge may go ballistic when he hears they are making a mockery of the arrangement and the court processes.

 

Also ask that under no circumstances should they be allowed to return to the court in under 1 year as they will try to go every 3 months (they did this to me and it is very tiring, as well as expensive.

 

If they have also charged a 'arrangement fee' this is also questionable.

[Ell-enn]

OK, I'll work on the statement and post on here later

 

Can you list the dates you made payments please (you don't need to put the amounts on the thread you can put them in yourself before printing off).

 

How much do you think the arrears are without the arrears charges, just missed payments?

[devlin1976]

I mad a card payment on 13th March (when they told me that the DD hadn't been set up), i also made payments on 31st March, 30th April & 30th May. The next payment isn't due until 30th June.

 

They have charged me £115 on 1st April,1st May & 1st June. They are just adding the figures together, off-set by the payments recieved. It is now showing an 'Arrears Balance' of £4991.54

 

Since 13th March I have made the 4 payments of £100 off the arrears, as agreed at court.

 

The balance of the 'Arrears' was £4946.54 on 13th March, as of 1st June the balance is £4991.54, despite me 'paying' £400 off???

 

I tried everything I could to stick to the agreement, with a view to clearing the arrears, but it's going the opposite direction.

[devlin1976]

Sorry Ell-enn, I got a bit irate and forgot the other question. I don't have a breakdown of what the arrears are made up of. I was in such a panic at Christmas, with the eviction notice, that I didn't ask how they came to the figure.

 

Obviously, looking at this statement, I should have asked earlier!

 

Should I ask them for one now?

 

I can't thank you enough for your help Ell-enn, I don't know what I'd have done at Christmas and I knew to come here first this time. Thanks

[Ell-enn]

OK, got all that - we'll let the court know that the arrears figure is disputed - be back shortly (although it may be this evening as I have quite a few meetings this afternoon).