Coast claim for Possession - old Welcome secured loan - Disc'd once - now another N24/N11R - help ***Resolved***

[dx100uk]

try another device the disc has not ever been it.

it could be password expiration because the 'program' to unlock it on the present PC sees the password is out of date as it been loaded many months/years.

 

typically passworded CD data cant expire as the CD doesn't know what todays date is, but the program you install from the disc to the PC if previously loaded does.

try a fresh device.

 

 

 

[surrey_36]

Help!

Claim for Possesion or property received! Stamped by the county court, Issued March 4th, hearing date 24th April, - I cannot see how I am going to defend myself!

 

Its a Notice of Hearing. In the County Court from COAST FINANCE SOLUTIONS

'Highlighted in yello' Sitting at Crawley Law Courts

 

I really didn't expect to receive this - is there a way I can check it is genuine 

[dx100uk]

scan it up to PDF

read upload carefully.

 

 

[Peterbard]

Hi

 

This is a long thread, but it seems to ring a bell. Can I ask what your prosed defence is to this please.

[surrey_36]

I did not think they would go ahead with a court hearing ,

I have called Crawley Law courts and they have confirmed the court hearing. 

 

I'm in a bit of a panic to be honest I do not need to be going to court I really have got so much to deal with at the moment, I did not expect this to happen

 

I wrote to them 15th February after I received their letter stating they would take me to court if I didn't pay in full in 7 days. 

 

 

I wrote and told them that their CD is not working or at least that the code was not working and that they had not sent me all the statements as per my previous request and could they please forward these,

next thing I know I receive the attached.

 

 

 

 

claim for possession.pdf

[dx100uk]

its genuine and we are aware.

give us a few days and the experts will be with you. 

I need to review things so they can help tomorrow

[Ell-enn]

Just so I don't need to read back through this long thread - can you explain why they are taking you to court - is it for arrears on the loan?   are you able to make monthly payments to clear the arrears?    I can help you with a defence for court but need to know what it's all about.

[surrey_36]

Thank you all for your replies and offers to help! Im extremely grateful!

 

 I had family trauma in 2017 which left me unable to work and although I continued to pay Welcome/Coast I believe there was a question as to whether their contract was lawful, I understand there is possibly errors.  

 

I was trying to deal with this last year and to be honest I did not really give it any priority as I did not think they were in a position to take me to court. The last payment to them was in June 2018 which was a gesture payment of £10 per month.

 

They had been contacting me offering to settle the loan at a considerable discount but I have been in severe financial difficulty for a long time now and only really recently back to part time work but even now I'm still struggling and getting by on minimum, so I have not been in a position to be able to offer a payment.

 

I sent a SAR request and twice they have posted me a CD, the first did not work, the second did work but when I tried to access it again recently it would not let me in.    I asked them to just post me all statements from the beginning of the loan and although they did send this the statement was incomplete and only went back a few years, not back to when the loan was taken out.

 

I wrote to them recently and asked them to resend this information urgently but the next thing I receive is the court letter.

[surrey_36]

I am looking at the defence to fill in and wont be able to complete It properly as I still don't have the copy of documents from Coast with original agreements, statements, correspondence etc,   on the defence I have to give figures and details that I will need the statements for etc.

 

Just wondering if I should send Coast a copy of the letter I sent them on the 15th Feb which they ignored and then send me the court hearing.

 

Copy attached!

 

Letter to TLT converrted from JPG.pdf

 

Do you know how long I have to file the defence?

I cannot see anywhere on the letter or court forms where it states, im hoping its 28 days!

[dx100uk]

you don't file a defence par se..

read some threads in the home repossessions forum

[Ell-enn]

Is it an N11M Defence  form you are filling in ?

[surrey_36]

Thanks DX and Ell-enn - Yes the form is N11M

'Defence Form' (Mortgaged Residential Premises)

 

This is regarding a loan that is secured on the property

 

Today I received a letter from the council saying that as my house is going to be reposessed did I want to discuss housing options with them, Coast are definitely winning, im at a complete loss with this and everything

[dx100uk]

i'll see if I can run thru the thread and give ell-enn a better idea of the history in a short post later.

still out on a few food runs to locals 1st so not at home till later

 

[dx100uk]

ok.

 

there is certainly the usual serious inflation of the debt with £1000's of charges and the original and recon CCa return (in post 1) contain serious enforceability errors as they don't match. one being the org is as secured loan, the recon states its not secured..

 

however due to sporadic appearance on CAG over many years have never been questioned nor actioned to date..

 

 

I am unsure if notice of assignment is present from welcome to coast....

but...

at the end of the day, the charge has legally been changed from welcome to coast and now shows on LR.

 

all of the above are I feel sadly? are not reasons at present to negate following the std cag advise regarding N11M forms / repo 

this is a second charge for want of clarity..

 

HTH 

 

dx

 

[Peterbard]

On 17/02/2011 at 14:13, Peterbard said:

Hi

Was this a pre 2007 agreement.

 

Have you had the agrement checked re Total charge for credit and total credit calculations, welcome where notoriously bad at getting these right in their earlier agrements, you wuld have to either provide the figurres or npost the agrement up for us to check for you

 

Did this include PPI? Where there any setting up fees and where these include in the Tcc or the total credit figure?

Peter

Is this still the relevant agreement? Its the one I checked in 2011

[Ell-enn]

Hi, what do you propose to offer to repay the arrears?  in order to avoid repossession you will have to tell the court that you will maintain the normal monthly payments plus an amount towards the arrears each month.   This is done is a statement to go with Q27 of the N11M form which we can help you with, but you need to tell us what you are proposing to pay.

[surrey_36]

Thank you for all your replies and time, extremely kind given the current situation.

 

Situation today for me financially - like many I cannot even pay my mortgage, council tax etc because i'm not able to get into work.  Even If I was still earning I would not be earning enough to offer anything near the month payment instalment.

 

(I am single parent to 2 young children who no longer have contact with their father for horrific reasons)

- as a result I don't receive any maintenance so difficult situation trying to support the three of us, work and support my children through their emotional difficulties following trauma.  

 

Im pretty sure my mortgage company will offer payment holiday (hopefully!) and council tax too but i'm worried about this.

 

Does this mean that unless I can offer the monthly payment somehow the house is at risk?

 

 

[dx100uk]

What does your mortgage company say about these foreign interlopers trying to snatch their asset?

have you told them?

Coast is a 2 nd charge

I would like to think? They can block this speculative repo?

As they wont get a penny if coast succeed!!

[surrey_36]

I haven't told them but if its recommended I do then that's what ill do

 

I really don't want to risk my little house, it would just devastate us and we are so settled. 

I have a bit of equity too - so I really just don't even want to go to court - that's going to be so hard with my anxiety!

[dx100uk]

let the experts comment on that..

but I do know there have been suggestions certainly in previous repo threads by 2nd charge owners before here over the years.

and with the present climate , they might well tip in to block all this or atleast help you.

 

I know you have enough on your plate 

but again during this current climate of forced forbearance - i'd be using the time wisely to see what you don't really NEED that you are paying

or atleast reduce what money non priority payments to anyone gets to £1PCM whatever it is.

 

you have alerted you are unable to pay almost all of the 'priority..roof overhead keep paying' stuff.

this wont go away when the current climate moves away..the time for overall planning is now.

and p'haps the best time to drop everything else to £1PCM...

sorry if you implementing this already ….

 

dx

 

[unclebulgaria67]

Get on the phone tomorrow to the mortgage company that has the first interest in the property. They should have a team that deals with such issues and they may already know about it.

 

Value of property ( quick sale) ?

 

first mortgage amount ?

 

Second loan amount ?

 

Do you have other debts ? If so what are these ?

 

Suggest that you take up Councils offer to at least look at housing options ?

[Peterbard]

 

Courts do not grant possession orders at the drop of a hat, and as said, if you have a plan, on how way to handle your finances going forward they will generally fall over themselves to accept it.

 

Do you have other depts. which can go on a DMP,  so as to free up money for your mortgages.

Since they seem to have capitalised some of your arrears would they agree to doing the same with the rest and extend your term, for instance.

[Ell-enn]

Are you making payments on the first mortgage?   is it only this Coast loan that is not being paid ?

[dx100uk]

19 hours ago, surrey_36 said:

Situation today for me financially - like many I cannot even pay my mortgage, council tax etc because i'm not able to get into work. 

^^^

 

dx

 

[dx100uk]

On 16/03/2020 at 13:33, surrey_36 said:

They had been contacting me offering to settle the loan at a considerable discount

 

can you expand on this surrey?

got letters too?