Acendan/spml ....again...... fao Ell-en

[dave121]

 

went through exactly the same last jan/feb see hear .. (by the way they withdrew and charged my account £700!!!)

http://www.consumeractiongroup.co.uk/forum/showthread.php?290676-spml-ascendan-eviction-EVICTION-NOTICE-WITHDRAWN-PRIOR-TO-COURT-DATE**(3-Viewing)-nbsp

 

Well there at it again, letter from there solicitors saying they are going for an eviction

(suspended eviction from 2005)

Recieved an odd looking letter from the court...

it is a "GENERAL FORM OF JUDGEMENT ORDER"

"UPON READING THE LETTER FROM THE CLAIMANT

IT IS ORDERED THAT

PERMISSION TO ISSUE A WARRANT OF POSSESSION BE GRANTED...

 

no notice no hearing or anything,,,, please advice asap do i need another n244 form?

Ell-en you were a godsend last time can you please take a peek...

regards Dave

 

is this a new form or something its an N24?

[Ell-enn]

Hi there, why are they going for eviction again - have you missed payments since last time ?

[dave121]

Well i have been paying them by cheque (just so they have to physically do something) although i get charged a fiver...

 

On going back on my bank statements it seems Augusts payment is missiing ,lost in the post? but i have been paying £30 - £40 over the mortgage +£50 agreed on numerous occasions when i had a decent wage, before and after that

so i dont know what has triggered the court action in january??

[Ell-enn]

Have you had any letters from them at all ?

 

Do you send the cheques by recorded delivery ? If you are on internet banking it's best to pay that way

 

How much are you supposed to be paying each month?

[dave121]

They have said i have arrears of 3k but that is there fees but they said not,?? liers!!.... i still never recieved my SAR reqest from last feb, and have asked on numoures occasions and tonight they said its because your mrs did not sign it as joint applicant...

tonight they want a lump sum from me or the usual friends and family or they are going with the eviction...

[dave121]

I have asked to pay by internet banking but they refuse to give their banking details and said sign up for the web service witch i do pay the second charge with, but it wont let you have 2 accounts online??

cheques not sent recorded no

[dave121]

Have you come accross this form before Ell-en?

A few letters regarding fees and that

[Ell-enn]

You need to write to them to ask for a breakdown of the arrears. If you have an arrangement to pay back the arrears they should not be charging you arrears fees each month.

 

Re the form - I think they have had to write to the court to get permission to apply for a an eviction warrant due to them withdrawing the last time. Did you get a letter from the court after your last hearing? it may have stated that the lender has to ask the court's permission before applying for another warrant.

 

Can you get proof of all the payments you have made since the last hearing?

How much should you be paying each month under the court order?

how much have you paid towards the arrears since the last hearing ?

 

If you send cheques you should always do so by recorded delivery - write your name and address on the back of the cheque and also your account number. If possible keep a photocopy of the back and front of the cheque and staple it to the recorded delivery slip.

[dave121]

I have asked them for a breakdown tonight and they want £35 for the privilege!

I dont remember a form from the courts last time,..i still went to the hearing anyway

I have proof of all the payments

I have to pay the mortgage plus £50

Around £750 -£800 has been paid of the so called arrears since their last failed attempt

 

 

it says on the n24 form

 

"GENERAL FORM OF JUDGEMENT ORDER"

"UPON READING THE LETTER FROM THE CLAIMANT

IT IS ORDERED THAT

PERMISSION TO ISSUE A WARRANT OF POSSESSION BE GRANTED...

 

 

"Because the order has been made by the court on the application of a party without notice of the hearing being given, any other party has the right to apply to have it set asside or varied pursuant to CPR RULE 23(10)(2)

any application must be sent or delivered to the court (with any fee) within 7 days of servise of this order

dated jan 30/12

[Ell-enn]

In that case you need to send in another N244 with all the proof of payments you have made - list them out month by month.

 

You say the cheque in August wasn't cashed - do you still have the money for that month's installment ?

[dave121]

it was probably spent on something else Ell-en

 

So i have to fork out £40 again on a n244....great

i really need to ask the judge for costs this time if they withdraw again, it cost me over 1k last time in there fees and time off work...

[Ell-enn]

OK, I'll catch up with you again tomorrow and we can work on the N244 - I need to log off now as I have to get up early in the morning. In the meantime, get the proof of payments since the last hearing - you'll just have to explain to the judge about the missing one.

[dave121]

ok thanks ELL,

Regards Dave

[applecart]

I have asked them for a breakdown tonight and they want £35 for the privilege!

I dont remember a form from the courts last time,..i still went to the hearing anyway

I have proof of all the payments

I have to pay the mortgage plus £50

Around £750 -£800 has been paid of the so called arrears since their last failed attempt

 

 

it says on the n24 form

 

"GENERAL FORM OF JUDGEMENT ORDER"

"UPON READING THE LETTER FROM THE CLAIMANT

IT IS ORDERED THAT

PERMISSION TO ISSUE A WARRANT OF POSSESSION BE GRANTED...

 

 

"Because the order has been made by the court on the application of a party without notice of the hearing being given, any other party has the right to apply to have it set asside or varied pursuant to CPR RULE 23(10)(2)

any application must be sent or delivered to the court (with any fee) within 7 days of servise of this order

dated jan 30/12

Hi,

 

The highlighted section seems concerning - it is now the 02/02/12 - are you not too late? you will surely have to advise the court of a reason for the delay in responding???

 

I haven't read the previous correspondance between you and ell-enn, so I cannot comment too much and it seems that all is in hand.

 

But can I add this:

 

The overriding frustrating issue is that there appears to be an embargo on assisting consumers when the lender is one who is party to having securitised a consumers mortgage.

 

SPML and the like are known culprits.

 

If we were 'allowed' to offer assistance, the OP would not be being advised about ways to stave off an order for 'warrant of possession' - he would be still in his house!!

 

By way of some form of redress (regardless of the outcome of the hearing of your case), the OP needs to send an email to '[email protected]'

 

Let them know who your lender is, what has happened and advise them of the outcome of your case and tell them that you do not believe the possession was fair or lawful and demand that they look into the matter on your behalf.

 

Please understand that the OfT do not look at individual cases.... but it is important to log a complaint with them - because the more consumers that log complaints with them, the more chance we have of them looking into the business practices of SPML and the like on behalf of consumers as a whole.

 

The same advise goes to every single consumer who has/had a mortgage with SPML or the like - get an email off to the OFT without delay.

 

Lets's get the issue of mortgage securitisation officially looked into to protect consumers and their homes.

 

Repossessions will continue unless consumers stand up and make themselves heard!!!

 

Apple

[dave121]

Thanks Apple, sorry the date is confusing it is 30/01/12 so i am still within the period,

and i have already lodged a complaint to the fso and will redo the same forthe OFT you are correct that everybody needs to do it, im also contacting watchdog.

[dave121]

I have rang them again tonight and there is no mention of a missed payment, i have asked why it has suddenly ended up in court again, and the answer was "because you have serious arrears and have not contacted us with a satisfactory payment plan..."

i give up wanting to talk with these tossers, the judge give the payment plan in 2005! ...

[Ell-enn]

How much are they saying your arrears are ?

[dave121]

£2700, it is lies though they are fees, have i to lodge a complaint to the fso for the SAR request not being complied too?

[Ell-enn]

I don't have time to write a statement for the N244 tonight or tomorrow, but could do it over the weekend. Would you be able to take the N244 to the court on Monday ?

[dave121]

Yes i will go monday Ell and also try and find out any more reason for bringing the action...

[Ell-enn]

OK, in the meantime get together the proof of all the payments you have made. I had a look at your last N244 and back then the arrears had almost been cleared except for £300 - surely you have paid that by now ?

 

Affixed is your last N244 statement

Dave121 N244 statement.doc

[dave121]

Thanks Ell, yes i will have paid the arrears , back in 2005 i owed £3500 in areas and fees and am paying £50 a month for 72 months equal £3600 so i will owe zero arrears and the figure they are suggesting is arrears must be fees and interest...

[Ell-enn]

Excellent - have you had a statement from them recently ?

 

 

However, there is the missed payment back in August ...

[dave121]

just the last 3 month statement, they dont seem aware of the missed payment in august as like said i have been paying £30 - £40 on top of the agreed for a few months so it would have probably have been made up...

[Ell-enn]

Does it show any arrears on the last 3 month statement ?