Help...Re:possession hearing on the 21st April,09 SUSPENDED

[sellyservice]

HI, I have a repossession hearing listed for 21/04/09, i think the building society have jumped the gun to quick, i had some arrears from early in the year when i lost my job, but i took over the business and it debts my self and have turned it round, but it made things tight money wise, but i have paid my full morgage payment for the last four months plus £200 of arrears, the mortage company (DB mortgages) kept calling my work(sometimes 5-10 times aday), i told them not to call all the time because they were blocking our one line and told them I wanted to pay normal payment plus £100 off arreas, they told me they wanted £200 on top, i said i would not promise something i could not keep to, then i got a letter of Eversheds Solictors, i told them the same they agreeded to the £100 on top but wanted it done under a suspended order, i said this was not needed and the fact i had paid the last four payments proved that i could manage the payments, now i have got a court date , does anyone think i should defend the order they want or just go with the suspended order..thanks for any help given in advance..regards ..ps arrears are £4600, they have only gone up due to court and solictors cost added to account around £750

[sellyservice]

HI

just to add i have noticed on the particulars of claim from the court, it says" last 3 payments made N/A N/A N/A" does this matter, should not have listed the payments i made..thanks

[IS IT ME?]

What you need to do is

List the letters you have

then confirm that you can and have been paying mortgage

Then also list the details of the agreement you have tried to do

Then list the following case ' Cheltham & Glous -v- Norgan which clear shows that you could clear the arrears and under this rule you should be able to clear the arrears over the time of the mortgage.

But read the judgement

[sellyservice]

Thanks for reply,

i have just read that judgement you quote, but should i defend the cliam or let them get a suspended order against me, i have just read a payment statement i got from the solictors and i only missed 2 payments from feb 08 to feb 09, but 4 of the payments had a extra £200 on top(total of £800), and do you think the fact that the particulars of cliam fails to list the last 3 payments in the box make the particulars of cliam untrue..thanks again, just one thing i asked them to hold off because on the 9th august the payments drop by £450 amonth because it comes of its fixed rate period and i could do more if the rates stay low, do you think they have breeched the pre-action protocal thing..

[IS IT ME?]

yes they have, I would put all of that into a statement for the judge to see.

If thats the case and their solicitors know it then the judge will not be happy.

all this for 2 missed payments?

I think the added £800. is costs and charges which they will not get any way.

Also write and complain to the CML

[sellyservice]

Hi

the £800 is money i added to my normal monthly payment to try and drop my arreas down, are you saying i should defend the possission claim in full and will that not just wind the mortgage company into going for outright possission instead of a suspended order , cost for the hearing and solictors is £750..thanks

[Ell-enn]

Hi there, my advice is always to send in a defence and attend the hearing - otherwise you won't know what is being said in your absence i.e. the length of time the suspended possession is for - you can ask the court for the SP to be cancelled when the arrears are cleared - if you don't attend the lender will ask, and get, a open ended sp.

 

I assume you have received N11M defence papers with the claim? Q.27 is the most important part and I can help you with a statement to go with that.

 

Let me know if you do need help.

 

Kind Regards

 

Ell-enn

[jansus]

You can also send them a letter to try and stop the harrasment.

 

You are entirely right not to agree to a payment you can not afford as that in the long run will worsen your position.

 

I think you have done everything correctly in trying to come to a sensible arreangement to clear the arrears and hopefully the court will appreciate that. We have seen some cases on here where when the judge has seen the income and expenditure details he has reduced the arrears contribution requested by the lender.

 

Make sure you are clear in your mind about the exact arrears position as if the lender comes up with a different figure the court may not appreciate that either .

 

Hope it all goes well for you and Ell-enns help with the form I am sure will assist your case.

[jansus]

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

 

Dear Sirs

Harassment by telephone

 

FORMAL COMPLAINT UNDER THE CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE

 

Account Number: XXXXXXX

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

 

[NAME HERE] (type don't sign)

[sellyservice]

Thanks for help both

and yes the help would be great, i am worried they will go for outright possession if i try and defend, but i dont want a suspended order aswell, i don't think i deserve to be in court, i find it funny they have not pushed hard untill the fixed rate is due to end (August)and they have to drop the rates..thanks again

[Ell-enn]

Hi there, please be assured that the decision regarding possession is not the lender's - it's the judge's decision and only his! It doesn't matter what they ask for, the judge will consider all the information in your defence and given what you have told us, there is no way the lender will get outright possession. However, it is more than likely that a suspended order will be granted unless you can get the arrears below 2 months - how many months in arrears are you (do not count any other charges they have added - they should not be included in the arrears).

 

Ell

[sellyservice]

The arrears stand at about £4600, but they have added a lot of £50 charges to this amount plus solictors costs £250 have been added, i guess i,m abount 3-4 months in total but have been adding money on the normal payment when i could ,left the most recent statement at work today, but its gone up due to charges...

[sellyservice]

By the way normal monthly payment is £1206.00 at moment, droping to around £800 a month on the 09/08/09..thanks

[Ell-enn]

The true arrears cannot include charges, you need to be clear about exactly how much the arrears are - if the lender is making the arrears situation look worse than it is by including the monthly £50 charges, then the judge is going to be less than happy with them.

 

I will start to draft a statement for Q.27 of the form, but will need more info:

 

Is the mortage in joint names?

Do you have any children living at home?

How much can you comfortably afford each month?

Did you put your offer of payment towards the arrears in writing to the lender? and if so do you have a copy? and a copy of their refusal or acceptance?

 

We will need to complete this tomorrow once you have worked out the true arrears from the statement you have at work.

 

The form will need to be taken to the court by hand on Thursday at the latest if your hearing is on 21st April.

 

Are you OK with completing the rest of the N11M?

 

Ell-enn

[sellyservice]

Hi

yes is in joint names, also at the moment my daughter and her 2 chilldren are living with us due to a relationship breakdown, i could offer £100 a month on top of the normal statement, like i said the fixed rate ends in august reducing the payment by aprox £450, i offered £100 a month on top by phone but when they wrote to me they put they would except £200, i told them again on the phone that the offer was £100, they said that was ok but only under a suspended order, should be fine with the rest of the form, thanks again for help..(the statement i have came with the solictors letter, is that ok )

[sellyservice]

Just thought, i said this early in the tread, but on the P.O.C sheet they have faied to list the last three payments simply putting n/a n/a n/a..

[Ell-enn]

OK, can you list the dates of last four payments you have made (how much the normal payment is and how much you paid on to towards the arrears) and we will quote them in the statement and also point out the error in their POC.

 

Does the statement you got with the solicitor's letter show the arrears charges?

 

On the court claim form how much does it say the arrears are? - does this tally with the statement from the solicitors?

 

Ell

[sellyservice]

Hi

i will post all that info in the morning, like a D*** i left the file i keep it all in at work and i want to make sure all the facts are correct, but i do know for sure that the statement from the solictor does for 100% list all the added charges as arrears..thanks

[Ell-enn]

No problem, I can get on line from my office tomorrow so will check in with you then. Also, can you provide proof of the last 4 payments you have made?

 

Ell

[sellyservice]

Yes they are listed on the same statement, and also because they are by cheque ,can print off bank statements to match

[Ell-enn]

OK, I'll check in with you tomorrow

[sellyservice]

cheers

[sellyservice]

Hi again

her are the details..

on the POC i just downloaded from the courts the details are £5903.03 for arrears, but on the letter from solictor on the 24/3/09 to say action has now gone to court, the arrears are £4,666.79????, the last monthly payments are..5/2/08=1206.02...5/3/08=1206.02...8/4/08=1287.48...16/5/08=1245.08

...02/7/08=1408.61...30/7/08=1408.61...02/9/08=1408.61...29/10/08=1408.61

...30/1/09=1206.61...27/02/09=1206.02...31/3/09=1306.02....

 

i Can see £555 that seems to have been added to account in £50 charges(4) also litigation admin charges feb09 £250 and also 3 lots of £35 ...

 

hope this helps, will check my mail during the day..thanks

[Ell-enn]

Hi there, affixed is your statement to go with the N11M. At Q.27 of the form write "please see affixed statement".

 

You will need to enter the info where I have put XXX's at the top (the info will be on the court claim pack and also where I have put XX's for your name.

 

On the statement from the solicitors which shows payments and arrears charges, write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

You shold then assemble as follows:

 

N11M form

Statement

Appendix 1 (statement from solicitors).

 

Take a photocopy of it all before stapling securely together and handing in to court (you will need to do this tomorrow!).

 

Any questions, just shout. I will be out this evening from around 7.30 but will check in before then and on my return to see if you are OK with this.

 

Ell-enn

Sellyservice Q.27 Statement.doc

[jansus]

Hi just to say good luck with the hearing - I am sure you will be ok .

 

And I hope others are reading this as I think there are plenty confused with the fact that so many lenders are including these fees in the arrears figures - so If you get into problems it is worth keeping a spread sheet and record of all payments fees and charges.

 

Hopefully it wont be needed - but as you have found in some cases it can be very important.