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Bank of Ireland need to stop warrant of execution - HELP


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Hi

 

I have a 300k self cert mortgage at 7.99% which started in Nov 2008 (height of the credit crunch) I was in the middle of buying my ex out of the house and as i am self employed was left with no options as I was self employed.

 

My income has been variable but bank of Ireland were a nightmare from day one, not setting up DD's taking it without warning or not completing the mandate so I ended up with arrears from almost day 1. They also failed to allocate payments to my account. I have repeated complained about the way my account was handled and got the usual fob offs.

 

Anyway in 2009 I lost 5 big customers leaving me £80K out of pocket, then in 2010 another customer defaulted for £120K, the first 5 all went bust because banks called in their OD's and the latter is just a dirty bstard trying to dodge payment. How my business survived is a miracle however what it has done has meant I have taken my eye off my personal ball. I know you will find this incredible but I didn't notice for nearly 6 months that BOI were again not taking my DD various wrangling later in November 2010 we agreed I would pay £2k per month (£1750 + 250) by DD. They this time didn't set up the DD and then didn't collect any payments first I realised was in Jan I got a notice of hearing for suspended possession order, this was had in Feb. and suspended.

 

Prior to the hearing I paid 8K (4x 2K) in separate payments, the judge made this part of the order and ordered I pay the 2K per month amount. This I have done however 2 payments were a few days late because my bank didn't send them in time. I have letter of apology on both from my bank and sent them to BOI. BOI are now claiming they haven't had all the payments and have applied for a warrant to evict me on the 25th May. They are claiming the arrears have gone up.

 

This is a like a terrible joke and is killing my relationship not least my GF is threatening to take my daughter away. Any help you can suggest to resolve all of this would be appreciated.

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Are you living in Ireland?

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Hi. you can defend the eviction by entering an N244 at court to get a hearing in front of a judge to have the warrant cancelled ( I can help you with that). Can you get proof that the payments they say they haven't had have been made? we will need that for your defence.

In the meantime you need to write to them by special delivery explaining what happened and enclosing the proof from your bank if you need help with the letter please let me know.

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Hi. you can defend the eviction by entering an N244 at court to get a hearing in front of a judge to have the warrant cancelled ( I can help you with that). Can you get proof that the payments they say they haven't had have been made? we will need that for your defence.

In the meantime you need to write to them by special delivery explaining what happened and enclosing the proof from your bank if you need help with the letter please let me know.

 

thanks for that I have the print outs of each payment and the letters/e-mails from the bank saying the the payments were made and apologizing for being late. What are the chances of success?

 

I heard today that the boi person is moving dept so basically I think he is just trying to get me off his desk.

 

I know this is a curve ball but do I have any options regards the self cert bit. As they are now illegal and its interest rate is punitive etc? Maybe reclaim interest in some way?

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Hi, did you write to them with copies of the letters from the bank and proof of payment ?

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Sorry, I just realised I hadn't made myself clear. I have already sent them the stuff on 4 April (they confirmed receipt) and then paid them again in 11th April. I have spoken to the bloke at BOI who is truely unhelpful. I have copied him the latest payment from my bank when I heard they were applying for the warrant he has since ignored me. Are you saying I should do this again?

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Sorry, I didn't realise you had already given them the evidence. Do you have a copy of the letter you sent them ? we will need that to go with the N244. Have you received the eviction warrant yet?

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Sorry, I didn't realise you had already given them the evidence. Do you have a copy of the letter you sent them ? we will need that to go with the N244. Have you received the eviction warrant yet?

 

Yes and all the other emails etc. Yes got the warrant date is 25th may .

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OK, affixed is a N244 form. I will give you the instructions for completing it and draft a statement for Q.10 of the form, but first I need a little more information:

 

Is the mortgage in joint names?

Do you have any children living at home?

n244_0400.pdf

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OK I'll draft up a statement either this evening or tomorrow and we can finalise the N244. Will you be able to hand deliver the form to the court on Monday?

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When you hand the form in to court they will give you a date and time for the hearing which should be within a few days.

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Hi, I have your statement ready. You said you had made April payment but just need to know if you have made the May payment yet ?

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Hi, I have your statement ready. You said you had made April payment but just need to know if you have made the May payment yet ?
great thanks yes I made it on the 10th or 11th
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Hi, can you stay online and I'll attach in a few minutes ?

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Affixed is the statement to go with Q10 of the N244. You will need to enter the info at the top where there are XXX's, (remove the xxx's) the info will be on the eviction notice. When you print it out make sure your printer is set for A4 paper (not Letter size), so it fits on one page.

 

Take a photocopy of the letters from the Bank - then write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

These are the instructions for the rest of the N244:

1. Your name

2. Tick Defendant

3. Suspension of eviction

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 The Applicant Believes

Sign and cross out all options except Applicant

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

 

Now assemble as follows:

N244 - signed

Statement - signed

Letters from Bank - Appendix 1

 

This forms the pack to take to court. Make sure it is stapled securely together. You will need to take a photocopy of it all for yourselves so you have a set to refer to in the hearing. When you take it to the court you will need to pay a fee of £40.00 and it will need to be in cash. The court staff should be able to give you a date for the hearing while you are there.

Rhinop N244 statement.doc

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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