please can you help

[markn]

in 2008 i had a cout order at Uxbridge Court for repossession which I attended & had transfered to Medway County Court for October of that year. I attended this hearing & the repossession was cancelled & it was agreed I pay a fixed monthly sum of £300.00 which was far to high but the judge said to speak to Wilkin & Chapman to come to a lower figure & increase it as & when I could afford to.

 

I gave all my bank details to Miss Broddley of Wilkin & Chapman over the phone so that they could take the payments out of my account, I would like to add that she was the most rude & un helpfull person I have ever dealt with & continued to be so in the future.

At this point although the monthly amount was too high for us to easily achieve I let it go as we still had our house & we tried to carry on with life.

 

Then 5 months later we received a notice of eviction from Medway County Court where I contacted Miss Broddley imediately to be told we had not made any payments so they would be taking the house. I explained that I had given her all my bank details so that she could take the payments monthly from my Debit card as they were unable to carry out standing order payments (for some reason). She rudely explained that I had not given them written permission to do this so they didn't take the payments out. The only way I could stop the repossession was to pay £1200.00 straight away (of which I have a receipt for) I explained it would take a while to find this money to which Miss Broddley answered borrow it from family or get a loan if you wish to keep your house.

 

My mother who at the time was 84 years old kindly paid the sum for me to allow us to keep the house to which we received a letter from Wilkin & Chapman which is attached.

 

I then to stop this from happening again spoke to Miss Broddley gave her the bank details again & at her request sent her an e mail giving them permission to take the monthly payments. which i still have copy of.

 

 

Again I thought this was now all settled but 10 days ago received another order for repossession from Medway Courts for the 14th of this month. So here we go again so this is why I/we need your help.

 

I do understand that I should have noticed that the payments were not being taken for the last 3 years but like most people with a family all my bills are on direct debit for the 1st of each month & after that however little is left is what we can live on. My question is why has it taken them so long this time to try & repossess again & why have I had no correspndance from them in all this time untill the Court Order once again.

 

The original debt is from HFC I believe for a small loan when we lived in Croydon some 10 years ago so why is it on this property in Kent & why is my wife on it as to my knowledge she was not on the original loan. which the loan should of be redeemed when the property was sold.

 

The added pressure I have at the present is that I am signed of work & have been for the last 7 weeks & am likely to be for quite a while yet. I am now only receiving SSP from my firm which does not help us at all & I am currently undergoing tests at Medway Hospital endocrinology dept as they have found my Kidneys are not removing any vitamins from food & that I have enlarged red blood cells all of which is making me somewhat un well.

 

 

I do not need to add that both my wife & I are extremely stressed out with all that is going on & we really do need your help to resolve this matter.

 

Yours gratefully

 

Mark Neake

[maroondevo52]

Hello and Welcome Mark.

 

I'll ask another Mod Ell-enn if they can help you.

 

Regards.

 

Scott.

[markn]

Thanks a lot

[Ell-enn]

Hi there, do you have any paperwork regarding the sale of your previous property? I am wondering how this secured loan was transferred to your new home instead of being paid off at the time of the sale/purchase.

 

What is the outstanding amount they state you owe?

[Bandit127]

Can I ask a question for clarity.

 

Is it Wilkin & Chapman that are taking you to court to possess your property?

 

And the claim is being made against a loan from HFC?

 

If it is a loan from HFC, was it a secured one? Or did they get a charging order for a "normal" loan?

[markn]

Answer to ELL-ENN.

 

Yes i still have the paper to the sale of my other property but it doesn't say nothing about the secured loan. The out standing Balance is £11,160 . i download the my title deed from the land and register, the charge was put on my property in 2007 after i want to court. AS 2nd charge the first charge is from my Mortgage company GMAC

 

The

 

 

Answer to Bandit 127

 

Wilkin & chapman are the solicitors acting for Cyclone asset Management LTD who brought the debt fom HFC. The HFC loan was originally secured loan. but the loan should of been redeemed once i sold the property.

 

I did have enough equity, because 50k got transfer to my new property where we are living now.

[tuttle]

In response to the way the solicitor spoke to you, it is worth remembering they are not human, and are only interested in getting your money (and as much as they can), a repossession lines their pockets well, so they will always use guile to steer the course of the outcome in their favour.

[Ell-enn]

When you went to court in 2007 was that a Charging Order hearing ? Do you have the paperwork from the court after that hearing?

[markn]

The only paper work i had from the court said.

 

Its is ordered that:

 

Adjourned hearing if application to be listed on the first date aftet 21 days.

 

transfer application to Medway county county to be listed on same date as defendants application to set aside judgement

 

cost to be in application

 

the claimants do by 4pm on 29 July 2008 serve on the defendants

 

a copy of the agreement

a breakdown of the sum £11,160

[Ell-enn]

Did you not receive a judgement order after the hearing ?

[markn]

that was on the only judgement order, i was given at uxbridge court. In Medway court i only had Eviction hearing. Which was suspended, on the term i pay 300 pounds.

[markn]

but according to my title deed, the charge was made at Uxbridge county court, it has three charges.

 

1 GMC Mortgage company. (2006)

2 Cyclone Asset Management (2007) Charge made at uxbridge court.

3 Cyclone Asset Management 2008 at uxbridge court with same reference number as the first 1

[Ell-enn]

So was the hearing at Uxbridge in 2007 a charging order hearing ? I'm trying to establish how they got a charge on the new property

[markn]

Yes the first hearing was at uxbridge i asked them to change it to Medway court because i live in Kent.

 

if you will like i can send you all the documents, i can scan them and email them over.

[Bandit127]

Yes, the security must have been released when your house was originally sold. The "debt" would have become unsecured, so they went for a charging order.

 

Surely your conveyancer should have been aware of the original HFC loan and paid it from the proceeds? They may be able to help - worth an ask I think.

[markn]

That firm is now closed, but i still have the documents from the sale, its say search fee, etc but nothing about HFC

[Ell-enn]

Are you able to offer any payment to stop the eviction?

[markn]

i can try to arrange something with my family and friend. but i dont have lump sum

[Bandit127]

That is a shame. You aren't able to look in to the facts at the time.

 

Are you able to make a meaningful offer of payment to this? They will paint you out as a willful non payer and your history could look like that. Get a bad judge and your reasons for your payment history may not count for much.

 

I am struggling to believe a second charge holder could get you repossessed, but you need to have something in reply. An offer of payment is your Plan B - until the experts can give you a Plan A.

[markn]

ill speak to my family tomorrow and try to arrange something,

[Ell-enn]

Is your mortgage up to date?

[markn]

Sorry for late reply,

 

 

No my mortgage is not up to date. I have 5k arrears remaining, I set up the arrangement 2 years ago with my mortgage company paying 100 on top of my mortgage. i have never broke the agreement

[markn]

what shall i do. My wife and i are very very stress.

[Ell-enn]

You will have to enter an N244 form at court to get a hearing in front of a judge to stop the eviction (we can help you with the form). However, you are going to have to state how you intend to pay the debt - your problem will be explaining how you didn't know the payments weren't being taken. Is there any way you can rise a sum to make some payment towards it before the hearing?

[markn]

that will be great if you can help me with the form.

 

 

I am trying to arrange 500 pounds payments. by Wednesday