Here we go again. Repo hearing again....

[sellyservice]

Hi All, about 14 months ago our mortage company took me to court for arrears, they suspended the repossion and made a order that i must pay normal monthly amount plus £200, I have done this and to my suprise got a solictors letter this week to say they were applying for a warrant to reposses the house due to the order failing, I rang the mortgage company and they said i had missed 2 payments, now to be honest last Febuary i lost my sister suddenly and life turned upside down for a bit, but this really was a genuine mistake(They have never wrote to me about this), they also said i did not pay May, but this was paid direct into the motgage companys bank in cash, it seems to have got credited to someone elses account by mistake, Natwest are investergating and have confirmed this, I offered to pay both payments by debit card straight away(even thought one is not my fault), the mortage comapany have refused and said they want possesion, they have now sent me a statement for the last 12 months and when i check it , I have paid £1394 more than i should in payments, because every month I paid extra on top to keep in front, this is more than the missing two payments, I explained this to my mortgage company and they have said this has no effect on the repossion , since the court order was made i have infact reduced the arrears , they are now more than half what they were at one point, really do feel like this should not need to happen and the worry starts all over again, I am going to ask for a hearing again and hope i get a Judge that sees things my way, I really do feel this company just want the house back, even there solictor said he had to double check they wanted to do this, Any ideas always welcome ...

[Ell-enn]

Hi there, who is the lender? We can help you defend this, especially as you have a statement showing you have paid more than the amount you should have under the court order.

 

I have moved this thread to the repossession forum.

[sellyservice]

Hi Thanks for reply, its Morgage agency services no 2 Ltd

[Ell-enn]

I remember you had a case with DB mortgages back in 2009 - is this a different mortgage now?

[sellyservice]

Hi yes had two house at one point(one let), managed to sell one, have really managed to get things sorted money wise since then thats why im so gutted by this..

[Ell-enn]

OK, I think you need to write to the lender (copy the solicitors) advising them that you have paid more than you should have under the court order and that you will vigorously defend any further action taken by them - you will also ask the court not to award their legal costs as the action is brought unnecessarily. If you need help with the letter I will happily draft one for you.

[sellyservice]

Hi , Thanks yes you were the main helper and steered me spot on,thankfully things have improved alot money wise since then and really have kept our heads above water, helping with the letter would be great , just to add ive noticed that they have laso charged me 20 payments of £33.97 a total of £679.40 for there building insurance, i already have this with direct line myself..they say they have already asked the court for a eviction date , i phoned the court they say they dont have a request as yet, do i need to take some action with the court..

[Ell-enn]

No need to do anything re the court just yet. If they do issue an eviction warrant we can defend by entering an N244 to ask for a hearing in front of a judge to get the eviction stopped. I don't think a judge would be too pleased with them given the amount you've paid since the suspended repo.

 

I'll draft a letter and affix here shortly.

[sellyservice]

Thanks again, point to me donating aswell , i really do owe this site some payback...

[Ell-enn]

Hi there, letter affixed. You will need to fill in the info where I have put brackets and you will need to affix a copy of the statement showing the total payments. Page 2 is a covering letter to the solicitors and you will need to affix a copy of the letter to the lender + the statment.

 

Send by recorded delivery to both of them and keep a copy for yourselves. Check on the royalmail website in a few days to print off the signature receipts then staple them to the copy letters, we may need them if you have to put in a defence to court.

Sellyservice letter.doc

[sellyservice]

Thankyou so much, once again if i receive any thing from the court ill post it striaght away, i really do think they will have applied to the court so we will see what happens, kind regards