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Fighting a suspended possession order


ADAMJAMES2
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Hi I am new here and hope I have started this thread in the correct place.

I am after some advice reference my situation with my mortgage company Engage Credit

Up untill November 2010 my mortgage was with Future Mortgage who went on to sell my account to Engage Credit.

When we were with Future we ran into arrears with Future who applied for a possession order,after negotiating with their solicitors Wallers it was agreed between us,them and future that they would not go for eviction as we agreed to pay an additional £150.00 on top of our repayment...this was agreed 10 days before the possession hearing set for 10/04/2008...I asked if this hearing would be cancelled and was told no,they would go ahead but get it suspended and that I did not really need to attend although I could if I wanted...My husband and I did not attend we were just relieved we would keep our house..(BIG MISTAKE!!!!)...Over the next 2 years we rolled on with Future,we did have slip ups that could not be avoided but always kept them informed,on 2 occassions they went for eviction dates and got them but they were always cancelled by Future due to us either paying and catching up etc...towards the end of our time with Future we could not afford the extra £150 and would speak to them knowing only to well we could face eviction,however they became quite laid back telling us not to worry,pay what you can etc...it became clear once we were sold to Engage a couple of months on that this was why ...we were no longer going to be their problem.

In November 2010 Engage took over and from day one were on at us about an income and expenditure form and assessing the affordability of our account ..this got us nervous and we did not do one,feeling like we were being tricked into something..we paid our full payments..in nov,dec,jan,(missed feb,which we explained..my husband is self employed and a customer ripped him of and did not pay) paid march,april,may,june...(missed july due to illness..no sickpay for self employed) underpaid sep and october but made a payment in november to make up for it...as it stand our next payment for November is due the 28/11/2011 and since they have had our mortgage we have underpaid in total about £1600.00..

Anyhow on the 5/11/2011 we received a letter from wallers,engages solicitor that they were applying for possession of the property..I phoned Engage and they said we have tried tohelp you but you will not fill in an income and expenditure form...In a panic at this stage,and having all the details to hand I did one over the phone and spent all day getting together supporting documentation together which I sent special delivery the same day..I also told them that I wished to register a complaint as re-possession should be a last resort and although our payments were sporadic we did not feel protocol was being followed..just 3 days later I received a call from a accounts manager who wanted to discuss my complaint,she disputed all my claims about protocol so sensing I was getting nowhere I moved on and asked her what was happening with my account...we had offered to pay 1200.00 per month taking into account our short fall over the year,which they claimed were the only times that interested them as they have to look at our account with "fresh eyes" from when they took over..

After reviewin our forms,documents,income etc she concluded that she could see we could afford our mortgage but given the sporadic nature of it they would proceed...I nearly collapsed on the spot,I got very upset (i did swear..sorry) and hung up...after gathering my thoughts I phoned back and insisted on speaking with her superior...this chap was totally different and with in minutes did a complete turn around and agreed £1200.00 was fine and they would not go for an eviction,however should I miss one payment they will go straight for an eviction order...HE AGREED TO PUT THIS IN WRITING.

That night we had a chap knock the door from psp home councelling,he was instructed by engage to visit us which is apparently their duty etc to discuss avoiding repossession..we told him about the agreement and he came in and spoke to us off the record...he said worryingly he was instructed a day after they went for an eviction date and he asked about the history of the suspended order and how it was obtained,he has urged us to apply to have it overturned as it would seem that as an agreement was reached with future before the hearing there is a chance it would not have been granted if we had attended and it would not now be being used as a stick to beat us.

I have phoned engage today to ask where the agreement letter is and they say it is being sent today I was also told that they are still going ahead with an eviction date untill they see our payment reach them on the 28/11/2011 of £1200.00....that is 929 mortgage payment/150.00 original order and a additional £121.00..

I am so sorry to waffle on but do we have a chance to overturn this order..I have filled in a form from the court to do this and I am awaiting a letter from wallers who have agreed to put in writing that the arrangement was sorted 10 days before court...also if an eviction date comes through surely if I have engages letter stating our arrangement this will be enough to stop it anyway.....

Thankyou so much if you are still awake and reading this.....any advice,similar stories etc greatly appreciated:sad:

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Don't worry about 'waffling'! Some of us have been in the same situation as you on more than one occassion, so we know how you feel.

 

There are lots of people here who can help you and give you sound advice, and I think you will feel so much better once you start sorting things out. I have been in exactly the same position as you, and have stopped eviction 3 times now. Thankfully, I am in the process of selling my house, so I am hoping that all this stress can now end.

 

Hang in there and someone will be able to help you and guide you through what you should be doing.

 

Good luck.

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  • 1 month later...

"" I was also told that they are still going ahead with an eviction date untill they see our payment reach them on the 28/11/2011 of £1200.00....that is 929 mortgage payment/150.00 original order and a additional £121.00..""

Have you spoke to CAB...seems to me their is a lot of options here.

Arrears could have been added to outstanding total mortgage prior to transfer.(new eyes I think you said) well new start!!

Also not sure how long a suspended repo is for...ie is there a time limit on it or is it valid until arrears cleared??again should be sorted before transfer.

CAB can get reasonable payment plans accepted in court to match affordability to you.Or have it adjourned on the grounds you have given ie the court requires those docs.

There is a shed load of info on here from a lot of us in the same boat...:grouphug: Luck2u

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