SPML another EVICTION hearing on Wednesday I need HELP

[bs0lth]

Hi,

 

Ok I have filed a N233 and I think its ok, but I need some help. I have been to the court today and filed everything before it closed, however, I got home to find that my SAR arrived from the mortgage company. What a mess its in, the statements are no where near complete, and everything else is all over the place.

 

Right, In my statement I said that I could not corrilate the arrears. 2 things thats I dont think is right. first the mortgage company just stuck buildings insurance onto my mortgage payments they sent me out letters saying that they needed info from other insurers and I sent that in. what it looks like has happened is that its not seperate, its just lumped in with the mortgage amount, so far I have found £1131 of insurance. now I didn't ask for it, I didn't sign anything for it and I certainly wasnt offered any kind of choice of providers it was just added to my mortgage amount.

 

The second thing is the fees, the statements are not complete however, what is sticking out is legal costs, they add up to a lot of money.. £641 +£245+£200+£197.75+£192 = £1475.75

 

The fees on the account (not including this years) comes in at £3395

 

basically what Im asking is, where do I stand on the insurance, I have two complete years that have been paid, Ive writen to the mortgage company and said that they need to pay it back and officially complained, they wrote back saying they would investigate but it will take 4 weeks...

 

and the legal fees, can they lump them in with the arrears as well.. guess what paid those..

 

can somebody please help me make head and tale of this

 

thanks

 

Lynne

[Ell-enn]

What's the N233 for ? do you mean N244 ?

[bs0lth]

Hi Ell-enn

 

I dont know where my last post went, I filled in the right form honest, Im just so tired at the moment, filed it this morning and this afternoon my SAR stuff came, so have been frantically going through it. There is a lot missing mind you..

[Ell-enn]

What did you put in Q10 of the N244 ? (I'm assuming you took a photocopy of it before handing it into court?)

[bs0lth]

3 Copies.. I learned well, on for the court, one for me and one for the other side..

 

I am the defendant in this case and respectfully request the court to consider the

Following information when hearing my application:

 

The arrears arose due to the defendant Miss L being unable to work, due to ill health and a long period in hospital (appendix 1)

 

However my situation has improved. I have returned to work, working 8 hours a week on the permitted work scheme operated by the DWP. This means that on top of my wage I will receive full ESA benefits and mortgage relief. My daughter has also asked to return to this address and contribute towards the mortgage, and I have also been asked to have a friend’s daughter live with me for the next 2 years. Please see completed budget sheet (appendix 2)

 

I therefore ask the court to take into account the case of Cheltenham and Gloucester v Norgan when considering my offer of payment and also s.36 of he Administration of Justice Act 1970.

 

I would also like to bring to the Courts attention that I am unable to reconcile the arrears figures given to the Court by SPML. The Claimant pleads that there are no arrears penalty charges or administrative charges included in the arrears. I would like to say that speaking to SPML on the telephone that the charges are in excess of £3000. I have asked on several occasions for this to be put in writing, but they have refused the request. I am still waiting for the results of the Subject Access Request I have sent them (Appendix 3)

 

I would also like to add, that SPML have been adding buildings insurance onto the account when my insurance company keeps informing them that I have independent insurance, and they are listed as interested parties on my insurance. I have made an official complaint to the company and have received a letter back from them. I have included my insurance policy and the letter from SPML (appendix 3). I have currently paid over 3 years insurance to SPML which works out approximately £1800. I am waiting for the exact amount to be confirmed. It has also been added onto the arrears. (Appendix 4)

 

I have applied to the Mortgage Rescue Department of Sunderland Council, They will be contacting SPML to try to work out a solution to try to help with this situation.

 

I assure the Court that I am committed to clearing the arrears and respectfully ask that eviction is suspended in order to avoid the expensive and unnecessary costs which would undoubtedly arise following repossession in the current property climate.

 

I believe the above to be true and factual

[bs0lth]

I also included a letter from my Consultant, my medical records.. to prove hospitalisation, personal expensies, one for my daughter who will move back in permantly if we can get this sorted, I included my buildings contents insurance with different complanies, just got the info from mortgage company today on thiers, so will have to take that with me..

[Ell-enn]

How many payments have you missed since the last court hearing? How much are the total arrears ?

[bs0lth]

Missed 1, but can make that up, but the problem is that the DWP cancelled my ESA then reinstated it and its gone to contribution based not income based so no mortgage relief until they sort it out and back date it.. which they are currently doing. I hadnt realised that it had happened, until today.. got a letter on saturday and only reread it today and found the fault, so they havernt been paying the mortgage relief since september.. so we have been short

[bs0lth]

oops sorry the "arrears" stand at £7000 according to them

[bs0lth]

Hi Ell-enn

sorry about last night, I ended up having to sleep, think my body was trying to tell me something ..

[bs0lth]

Ell-enn

 

I have been back in court today, they have persponed the eviction for another three weeks, basically, but what the judge said was that all of the charges on my account are a matter between me and the mortgage company. I have a question. I am going to try a letter before action to get them back, but my question is this. they are adding legal fees and a litigation management fee.. the legal fees for this month are £300 on top of £115 litagation fees.. can they do that, or do I have to sink the legal fees..