Warrant applied for please help CANCELLED

[kilkenny]

We have been fighting a repossession claim and lost on Thursday

when the Judge gave them a 28 day possession order.

 

 

We disputed the charges ie interest rate and penalty charges.

We believed we had a strong case and that we had been miss sold the mortgage

but the Judge said that was a separate matter and reluctantly gave them the Order

 

 

- anyone know where we go from here the difference in what we say we owe is about £20,000 and rising.

 

 

Our debt is from a bridging loan have charged us extortionate extension fees, as well as compound interest which was not agreed.

 

 

We originally borrowed £137,000 and now owe £220,000 plus 2 years later.

There were no monthly payments due under the contract and it was agreed that the loan would be paid back after 12 months.

 

 

The lender refuses to talk to us and have even threatened to take seperate legal action against us for referring the matter to the FOS.

 

 

It seems that they can put whatever amount they want in their Particulars of Claim they are even charging interest on their solicitors fees which are going up each day.

 

 

Can we do anything to dispute the amount we owe them.

We have a sale going through but can't exchange as their redemption figure is wrong and keeps rising

Edited November 16, 2008 by kilkenny

[kilkenny]

Hi can anyone help? We received letter from lenders solicitiors on Xmas Eve saying if we do not redeem the mortgage in full they will apply for a Warrant of Possession. Our house is sold but we have not yet exchanged contracts and the people who are buying it are not sending their surveyor until the 6th January. Will the court delay the eviction to allow our sale to go through

[42man]

My gut feeling is yes, they should hold it off if it this far advanced.....have you spoken to the solicitors ? do they know exactly where you stand ? I think if they are being reasonable they will wait...

[Ell-enn]

Hi there, if you apply to the court to suspend the eviction and provide documentary evidence you should be able to get a suspension to allow the sale to proceed. You need to apply on a form N244 which you can download here Her Majesty's Courts Service - Home. Select Forms and Guidance from the menu on the left hand side and enter N244 in the box. You will then be taken to the page where you can download the file.

 

In the meantime you should write to the solicitors eclosing copies of any evidence of the sale (letter from your solicitor?), this may stop them applying for the warrant of eviction. You would need to send the letter by special delivery (next day). If you need help with the letter please let me know and I will draft one for you. Have they given you a date by which they want you to pay?

 

Ell-enn

[kilkenny]

Thanks for replying so quickly. They have given us to the 5th January to redeem in full. It was a bridging loan so it is all payable on demand. We have told them we are selling our house and every time we contact their solicitors we are charged. We have been fighting since September to stop the repossession and sell our house and so far the costs and charges that have been added to the balance amount to approx £7,000 the FOS are dealing with the way it has been handled but in the meantime they carry on so we will apply to the Court to stop the warrant - thanks again

[Ell-enn]

Hi, if you wait until they actually issue a warrant (could take a couple of weeks), it may give you time to get a bit further with the completion of the sale and put you in a better position when you enter your application at court.

 

We can help you with the completion of the N244 when the time comes, try not to worry too much. Just gather together as much documentation as you can including any correspondence from the FOS. You may need it all for your N244.

 

Ell-enn

[kilkenny]

Thanks again - do you know whether or not we have a case as the lender have admitted they made errors on the key facts that were supplied to us. They have charged compound interest when on the key facts it was simple - they would not admit they had made an error until we got the FOS involved and they refuse to alter any of the charges they have added to the balance owed for us disputing this. They are really playing hardball they will not communicate with us except through sols and then they charge us they have even charged us £700 for incorrect breakdown figures. We say we were missold and do not owe them anywhere near what they say

[kilkenny]

Hi panicking as tomorrow isthe day they say they will apply for eviction i don't think they will wait for our house sale. Do you know how long it will be before they get a date for evicting us?

[Ell-enn]

Hi there, if they apply for an eviction warrant tomorrow (and they may not!) it can take up to a week to get it and then you are usually given 2-3 weeks notice of the eviction date. When do you expect the sale to complete?

 

When (if) you receive an eviction warrant you can then apply to the court to have it suspended pending the completion of the sale. You will need as much documentary evidence as possible to support your case and a letter from your conveyancing solicitor to accompany the application.

 

Ell-enn

[Ell-enn]

Can you just clarify - has this already been to court and your lender has obtained an order for possession?

[kilkenny]

Hi Ellen the lender has an order for possession even though we disputed the amount owed and the FOS have been investigating. Since the possession proceedings and the obtaining of an order the lender then and only when they got the Order admitted they had made an error.

[Markiemark1]

Exactly what error did they make? Is it possible to apply to set the original order aside?

 

RM

[Ell-enn]

Hi, how is the sale progressing - are you any further forward with it?

[Bona]

When you apply for the warrent to be suspended you can apply for an order under the Law and property act that you sell the court will give you time for you sale to go through whos the lender

[Markiemark1]

Just follow Ell-enn's advice. The appropriate legislation is the Administration of Justice Acts 1970 & 73. This allows the Court to suspend the possession if satisfied the arrears will be clear within a reasonable period of time.

[kilkenny]

They compounded interest and then admitted they meant to calculate is as simple interest. It was a bridging loan. We are looking to contest their whole contract. Don't know if we can get order set aside even though they now admit their figures were wrong but will try and also take your advice to apply under the Administration of Justice Act for time to sell

[Ell-enn]

If you need help with the application, please let me know

[kilkenny]

Heard today that the FOS have made a decision in our favour on the interest and charges applied to the Bridging Loan. Our sale is still going through. The lender we have been told are to apply for a Warrant this Friday I think I will need six weeks to complete the house sale - can I ask for that long on the application to suspend the warrant?

[Ell-enn]

Hi there, yes you can ask for the time it will take to sell the property. You will need as much documentary evidence as you can gather - get your solicitor to give you details of what stage you are at with the sale.

 

Can you get your conveyancing solicitor to get in touch with the lender to update them on the sale situation? Realistically if they have that information then they should not be applying for a warrant.

 

If and when the eviction notices arrives (it may be a week or so before you get it) it will have an eviction date of anywhere between 2 and 4 weeks on it. If it happens you can then put your N244 application into court - you should be further down the sale process by then and have more information to give to the court.

 

Ell-enn

[kilkenny]

Ellen

 

Our lender has offered us "without prejudice" to stay the eviction to give us time to sell all of this was following a damming report on them from the FOS.

 

 

The condition is that we sign a disclaimer saying that we would not report this lender to the FSA and pay them what they say we owe there is still a difference of approx £10,000.

 

 

All through this we have been threatened by them not to take the matter any further since September, threatened with a claim by them on us for damages for telling them they had incorrectly calculted their key facts and for disputing charges, we have been accused of lying and pursued with repossession.

 

 

Our gut feeling is to accept and get on with our lives but nagging away at us is that just because they are bigger than us and can afford to take this all the way we are again being bullied into submission.

What do you think?

[Ell-enn]

My first thought is why should you agree not to report them to the FSA? obviously they have done something wrong or they wouldn't be trying to what is effectively blackmail you.

 

If you do need to apply to the court to stay the eviction you could present this document to the court - I'm not sure a judge would look favourably on their offer of "don't report us and we won't evict you"

 

This is only my unqualified opinion - I really think you should talk to your solicitor about this.

 

How long before the sale completes?

[Bona]

I agree with ellen ypu will have a very good chance to get a suspended order or an order u der the law and property act to allow the sale to be carried out by you not the mmortgage company we did that and we sold our house

[kilkenny]

Not sure how much longer we will need the buyers are trying to renegotiate the price because of the falling house prices and we cannot afford to take much less although if the lender settles for what we say we owe then it can all happen. We will keep fighting. thanks for all your help so far.

[Ell-enn]

OK, keep us updated in case we need to act fast.

 

Ell

[kilkenny]

Ellen despite receiving the FOS adjudication on the 14th January and telling us they were accepting it and recalculating their figures they now say they do not accept the FOS recommendations and are going to challenge it. In their letter to us of the 28th they say we have till tomorrow at 4pm to accept and in the meantime they have served a warrant of eviction on us for the 16th February. I have put together a statement asking the Court to suspend the eviction pending sale and pending settlement of the amount owed and referred the Court to Admin of Justice Act would you have a look at it for me?