eviction notice from acenden

[georgie5594]

Hi could anyone please help.

 

I am over 2 months payments late on my mortgage which has a suspended possession order.

 

Both me and my partner are self employed.

 

We were paying £550 plus £ 200 towards our arrears.

 

Unfortunately my partner wasn't paid from a job and we couldn't make the last 2 payments.

 

We have approx £3000 in arrears plus £2000+ in charges.

 

Offered them £1200 and wanted to make a new arrangement but they wouldn't accept less than £2000 upfront.

 

I have an eviction date of the 21/8.

 

Receved today the form from the court to try to have it suspended and would really appreciate some help.

 

Thanks

[rebel11]

Hi georgie

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

 

Thread has been moved to the correct forum.

[42man]

Hi the Site Team are alert to this, just adding this for information for you - http://www.consumeractiongroup.co.uk/forum/showthread.php?148830-Defending-an-order-for-sale

[georgie5594]

hi sorry to be a pain but could realy do with help filling in the form for the court if anyone can help. thanks

[citizenB]

When do you need to submit this.. I am trying to find someone who can help.

[georgie5594]

When do you need to submit this.. I am trying to find someone who can help.

 

Hi it was this morning . I read through other threads for hours last night and have submitted a budget sheet a witness statemant and printed off the Cheltenham and Gloucester info and sent it all with n244. I have a hearing on tues at 10: 30.. they advised they do not have any duty solicitors. Any more info.would be greatly appreciated Thanks

[citizenB]

I am so sorry. I sent S.O.S for you.. however most of the people who help out in this area have day jobs and wont be around until evening.

 

Sounds like you might have dealt with things properly and I am sure someone will be able to offer further advice soon.

 

Oh dear, more cost cutting

[Ell-enn]

Hi Georgie, sorry I didn't see your thread till now unfortunately I have been tied up with work. Can you let us know what you wrote in your statement please. There may be something further we can advise you to take to the hearing.

[georgie5594]

Hi Georgie, sorry I didn't see your thread till now unfortunately I have been tied up with work. Can you let us know what you wrote in your statement please. There may be something further we can advise you to take to the hearing.

 

 

Hi Ell-en i wrote that the reasons for the arrears were that my partner was not paid for the work he carried out and then was unemplyed for a few weeks.

I stated that he was now working again and we were confident we could now make the regular payments plus a extra £100.

 

I have not made a payment to acenden as i offered them £1200

but they said they needed £2000 before they would consider a new arrangement.

 

We were previously paying £200 towards the arrears but we were always struggling.

 

I am also self employed and usually pay the loan from my wages

but was having to use this for other expenses whilst my partner wasnt receiving any.

I am a courier and my petrol bill each week is average £60 and i also had to have some repairs on my car as i use my own vehicle.

 

This month was also a 5wk month before i got paid.

I have asked them to change the payment date loads of times both by phone and letter but they wont so most month they charge me £95.

this was the worst thing we ever did.

 

We orriginally borrowed £50,000 in 2004

and they took out payment protection

even though my partner was self employed.

 

When we tried to claim a couple of years ago was told it was only for 4 years

but i am paying interest on this at 10 %.

 

We now owe over £56,000 despite paying them thousands.

Edited August 17, 2012 by citizenB
formatting

[Ell-enn]

Did you read this guide at the top of this forum ? it gives examples of how to set out a statement etc http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession

 

If the mortgage is in joint names and you were self employed then the PPI was mis sold , you should claim it back.

[citizenB]

It sounds to me as though the PPI was definitely mis sold. Will have one of the PPI guys look in on you to advise.

[georgie5594]

We definately know it was mis sold .

tried to claim it back a few years ago but got nowhere.

 

It was originally taken out in sept 2004 and arranged through ocean finance.

 

We contacted them but they wrote to say that OFML which is ocean finance and mortgages ltd

could not have played any role in the sale of the policy.

 

OFML was not incorporated until september 2003 and did not actively operate as a business entity until 14th Jan 2005.

 

They state from Jan 1997 Mr Paul Newey owned the business as a sole trader using the name Ocean Finance.

On 14th jan 2005 OFML acquired the business including certain customer records and the right to use certain Ocean Finance trade marks.

 

A copy of the sale and purchase agreement is availanle at companies House.

 

The SPA deals with the private arrangements as between Mr Newey and OFML

however, and does not confer any rights upon any third parties,

such as lenders or borrowers introduced to each other by Ocean Finance.

 

Indeed any third party rights are expressly excluded.

 

For OFML to have acquired any direct liability or responsibility to any customer in connection with an arrangement made prio to 14 Jan 2005

there would have to have been:

A specific agreement as between Mr Newey, trading as Ocean Finance, and that customer.

Mr Newey and the customer would have had to expressly agree that any obligations owed by him under that agreement would be transferred to OFML with effect from 14 Jan 2005.

This is known in legal language as a novation.

 

OFML has no record of any novation involving you.

In the absence of a novation, there is no basis for any claim against OFML.

 

They then did provide me with contact details for Mr Newey which was a po box address so to be honest i didnt contact him

as didnt think the po box address was prob valid anymore.

 

I contacted FOS but they said as it was in 2004 before regulations prob wouldnt be able to make a complaint?

Does this all seem right or does anyone think i may be able to claim them back?

Edited August 17, 2012 by dx100uk

[georgie5594]

hi Ell-en yes that was the statement i used .Thanks

[dx100uk]

right PPI and PENALTY charges reclaiming coming up

watchout acenden..incoming!!!!!!!!

 

have you the mortgage agreement

and

all the statements.?

[georgie5594]

Hi I have the mortgage agreement but not all the statements.

[dx100uk]

sar your mortgage co.

 

dx

[georgie5594]

Just a quick update. Went to court today and managed to get the order suspended. Agreed to monthly instalment plus £ 100. Their solicitors were realy pushing for eviction as said arrears went back to 2005. I stressed we had always paid to arrears but becau of all charges we never seemed to reduce it. Solicitor stated charges were seperate but judge advised wasn't always the case and advised us to see about getting some advice on them. Told him we were already going to do that. Solo glad that is over was shaking when we came out!! When I asked acenden for copy of statements they only sent me them from 2007 so I am going to Sar them. How can I check which address is registered with data controller. Thanks

[42man]

Well done good news....as for the SAR address (with the ICO) then look here - http://www.ico.gov.uk/what_we_cover/register_of_data_controllers.aspx

[citizenB]

georgie. well done on getting a suspension. You can write to the "Data Controller" at their Head office/registered office address and they are obliged to pass it on. Or you could phone the Information commissioner and ask if they have a specific address .

 

Looks like 42man has given you an ICO link to use.

Edited August 21, 2012 by citizenB

[Sappho54]

Well done! you say you have been making payments over and above your contractual payment. Have you checked these payments have been properly credited and have been used to reduce the arrears?

 

Look at your default fee account. It should have a column for payments due. Are your extra payments appearing here? Is the outstanding arrears debt being reduced by the appropriate amount?