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Notice of possession proceedings help!!!!


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I have received a possession claim form issued to me by PARAGON PERSONAL FINANCE

 

These were issued 8th July and our neighbour has just popped them thru the door as she has been away.........this leaves me til friday 22nd to reply to them.

 

Paragon are claiming the arrears of £5700, we have worked out that we can afford £350 toward the arrears but need help wording our defence please.

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Hi, when you say you have received a claim for possession - do you mean the hearing is on 22nd July (i.e. tomorrow?)

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Hi Ell-enn,

no the hearing is on the 8th August, but our N11M form was posted thru my neighbours door and has to be submitted by tomorrow, we have been in arrears since september 2008 and have managed to come to agreements but over the last year has been impossible, as one thing or another has happened. i have 5 children under 16 and we have both kept steady jobs but after the birth of my 4th child in august 2008 the company my partner was long term temping for lost his job and due to this led to total stress in the family......he managed to get another job after some months off but during this time we got in arrears with the gas/elec/water/ mortgage everything. After getting back on an even keal and managing to pay most things and survive the company that i was on maternity leave from went into administration leaving things back to where we started. during this time i found out that i was pregnant 6 months into the pregnancy with my 5th child!!! DEVASTATED......this really hit us hard as we had one wage coming in and 5 children i manged to find bits and bobs of temping work but nothing ever much...my partner again lost his job in september 2010 as the company he was temping for had a restruscture and he was no longer needed he has since been taken on by the company rather than thru an agency, thus a steady income and i have also landed a part time job thru an agency but we are both in steady jobs and have everything on an even keal. we have worked out our income and expenditure and have tallied figures like housekeeping just in case of an emergency and can comfortably afford £350 a month....we just need help with what to write in the defence q27 and whether or not we can do one form with both of our names as both or our names are printed on the top right of our forms and whether we both should sign....so sorry for all of the questions but we soo need help with this.

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Hi there, I can help you with your statement, but don't panic about having it at the court tomorrow. The court will accept it a week or even a few days before the hearing. How did your neighbour have the papers - is the wrong address on them ?

 

I'm afraid I will need to ask you quite a few questions before I can help with drafting your defence statement :

 

Who is the lender?

How much are the arrears? (approx)

Are there any charges included in the amount they say you are in arrears?

 

In order to ensure you offer an amount you can realistically afford towards the arrears, can you complete the affixed budget sheet please. It calculates automatically as you enter the figures - you need to make sure that what you offer towards the arrears can be maintained. You have children and expenses for them can be unpredictable so you need to allow for emergencies.

 

Once you have done that and answered the questions above we can get to work. Try not to worry too much, judges don't take people's homes away if the have an income and can make paments towards the arrears, and also you have small children.

Budget Sheet.xls

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Hi Ell-enn, No the address on teh papers were correct, just that we have a stupid postie who posted them thr our neighbours door and they just happened to be away!!! urghhh

 

The lender is Paragon Personal Finance Ltd and the arrears in total to date are £5750.79 the other charges within the arrears total :

 

Arrears Telephone Call Total: £140

Reverse phone call fee -£20

Arrears Letter:£300

OWN INSURANCE ARRANGEMENTS FEE?????? £20 WHAT THIS IS FOR I DO NOT KNOW????? as we supposedly took out ppi insurance with the loan???????

 

Default notice Fee?£200

Home Visit Fee£ £138

Reverse interest on fees -£5.10

Solicitor Instruct £200

Review and instruct litigation £20

Interest on fee £78.83

 

although the fees stated on form total £1018.00

 

the above are dated from 18/03/2004 until 04/07/2011

 

i have filled out the income form and it says the my disposable income is £297.00 this is after inflating things such as food, elec and gas???

 

i am just so worried that the judge will say this is not enough and will serve us with a possession order????

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If you deduct the fees from the total, then your arrears are not unmanageable - even if you offered £200 extra each month they would be paid off in just under 24 months, a judge would be quite happy with that - but you need to be sure you could sustain that amount of extra payment. In the budget sheet have you accounted for household repairs etc ?

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Hi Ell-enn,

 

if we deduct the fees from the total, how do we get them removed from the account , these fees are incleded in the total and surely they will want these paid.....if i add househould repairs etc then it comes down to £225.00??

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You need to take statement to court before the hearing (I can help you with that) detailing you offer of payment and advising the court that charges have been included in the arrears (which is not allowed). Therefore you will only be required to pay towards the arrears each month, not the charges. Once you have got the hearing over with and the payments confirmed, you can then write to Paragon requesting that they refund the charges as they are unfair. If you read Bankfodder's article here http://www.consumeractiongroup.co.uk/forum/showthread.php?296126-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct you will understand how to go about getting those charges removed from your account.

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Hi Ell-enn,

that would be fantastic if you would help with the statement, i am so worried i feel sick!! the loan with paragon is an unregulated consumer credit agreement, would this make any difference? also am i able to claim back the ppi as we never asked for it and this has been charged??

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Hi Ell-enn,

that would be fantastic if you would help with the statement, i am so worried i feel sick!! the loan with paragon is an unregulated consumer credit agreement, would this make any difference? also am i able to claim back the ppi as we never asked for it and this has been charged??

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Hi Ell-enn,

that would be fantastic if you would help with the statement, i am so worried i feel sick!! the loan with paragon is an unregulated consumer credit agreement, would this make any difference? also am i able to claim back the ppi as we never asked for it and this has been charged??

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OK, I'll work on your statement today. Are you able to hand deliver the statement to the court either tomorrow or Friday?

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In regard to the PPI take a look on the boards, you will be able to claim it back. Just a thought in connection with the PPI, when did you take it out (ie what year) and who sold you the loan. If you took it out after Jan 2005 and the broker (if any) is no longer trading you will be able to file a complaint with the FSCS and they can get this sorted for you. If the broker/lender who sold the PPI is still trading its a different process, but after the recent judicial review you should have no problems claiming it back. Hope that helps :)

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Hi there, could you email the budget sheet to me at ell-enn@consumeractiongroup.co.uk please, so I can see if you have accounted for everything, bearing in mind you have 5 children and will need to plan for any unexpected expenses. I've nearly finished your statement, just need to check the budget sheet to make sure you are not offering too much towards the arrears each month.

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OK, I've seen the budget sheet and it's fine :) Affixed is the statement for you to take to court -you need to fill in the information where there are XXX's (remove the xxx's) read it through carefully to make sure all the info is correct. When you print it out the printer needs to be set for A4 paper (not Letter size) so it all fits on one page.

 

On the copy of the letter you sent to them and the print out of the signed for receipt - 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 it will be Appendix 2.

 

Now assemble as follows:

 

Statement - signed

Copy letter - Appendix 1

Budget sheet - appendix 2

 

This forms the pack to take to court - make sure it is stapled securely but take a photocopy of it all for yourselves to refer to in the hearing.

 

When you hand it in to the court ask if there will be any free legal advisers available on the day of your hearing. Lots of courts have them nowadays - they can be invaluable and can accompany you into the hearing to support your case.

Needhelpsoon Statement.doc

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No need to fill in the N11M, just take statement & appendices to the court.

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Hi Ell-enn,

 

yes just printed out the statements as per and also the budget sheet and stpled them inthe order as stated.

 

many thanks for your help....

 

as soon as the hearing is over will you be able to help me claim back the charges and also ppi if not stear me in the right direction??

 

many thanks

needhelpsoon

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Of course you'll get plenty of help here with your charges issue. Did you ask at the court if there would be any legal advisers on the day of your hearing ?

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Hi Ell-enn,

 

yes just printed out the statements as per and also the budget sheet and stpled them inthe order as stated.

 

 

and the copy letter too ?

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yes, apparantly if i turn up at least half an hour before the hearing i can grab one ....so to speak!! x i've never sent a letter to paragon always over the phone.....but thankfully have always recored the dates!!!alos when the field agent has called i have dated that too....funny that the dates dont match on those tho!!!!

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