Eviction for second mortgage, can somebody please help. 10/05

[bs0lth]

Hi need some advice here just received an eviction notice for te 10th May, it came on Thursday...

 

Ok was in court two months ago and had it suspended. However I had not realised at that time my whole life was about to fall apart. My ESA was stopped and for the last 8 weeks I have had no money to live on at all..

 

I was supposed to pay the loan company £480 then the monthly payments + and extra £25

 

I couldnt pay the £500 because not only was the ESA stopped but also the mortgage help I got, so the day after I went to court my entire balance was wiped out by my normal mortgage payment + the extra that the mortgage assistance would have paid.

 

for the last 7 weeks I have been fighting the DWP to reinstate my ESA which they finally dd and I got a payment on Friday and all of the money owed, there are still complications with all of this, but they did say they would get my mortage help sorted as well asap..

 

The loan company want me to pay them £11k for a loan that has 3 yrs to go and has arrears iof £2600 on it

 

They said last time that the MCOB did not apply to the secured loan because its governed by the Credit consumer act.. which I have ijust pulled out my copy of...and they are right...

 

So I am stuck as to what on earth to do..

 

The loan was taken out in 2005

 

 

I do actually have the £500 I said I would pay now and the monthly payment, but I think its all too late to say that now..

 

can anyone help

 

know I have to fill in the n223 form etc... its just what on earth do I put in my statement

 

I have tried all over reading to figure out what to do and I am stumped

[Stevlynd]

I speak from experience when I say it's very frustrating when you don't get an immediate answer to your post & I am no expert but learning fast from this forum. I think if you can find any other threads of the same problem & there are many, I think the advice is to pay what you have and make sure you are prepared for court with all the evidence of your problems ie letters so you can prove to them you haven't witheld payment deliberately. Have a look around & you will find your certainly not alone but you will have a lot of reading to do. Good luck.

[bs0lth]

Hi Stevlynd,

 

I am reading at the moment, I think I know what I have to do but help would be appreciated, this is a nightmare... lol

 

onwards...

[Stevlynd]

Hi Stevlynd,

 

I am reading at the moment, I think I know what I have to do but help would be appreciated, this is a nightmare... lol

 

onwards...

Hi I really am not qualified, nor do I know enough to confidently help you, my problems are different to yours but hopefully someone will see your post & you will be able to get some help. In the meantime just keep reading as am sure all your answers are here somewhere.

[bs0lth]

I am getting pretty used to this, I have had massive problems with my main mortgage, but regular payments have sorted that out, its this one, but the last 8 weeks have been a nightmare...

 

never mind thanks for your reply

[Lea_HTH]

You need to make an application for a Time Order - any loan covered by the CCA 1974 can be redefined by the judge. Applying for a time order allows the judge to alter the payment amount, stop the interest, extend the length of time you can pay, or allow you not to pay for a period of time (most usual is to lower your payments for a period of time until you financially recover from whatever has caused the issues to arise).

 

You could just put in a stay application (N244), same as you did previously and explain the situation if, as you say, you are now in a position to pay what was offered previously - but if you are likely to have further problems a time order may be the best way forward.

 

I would strongly suggest that you go to your local CAB office and ask for their help (failing that a law centre).

[bs0lth]

Lea,

 

I have just looked at the information for a Time order, can I submit both the time order and the N244 to stop the eviction taking place.

 

there is so much more going on.

 

I own a 1/6 of a property that is in the process of being sold, however it should have been completed by Christmas, then it was supposed to be completed by march but the buyer has run into other problems over the last 6 weeks and its been delayed again. The money from this sale was going to pay off all of the arrears (not the charges).

 

I also inherited a house with my two sisters, we have tried to sell this through one of the fast sales people we had an offer, but then at the last min they withdrew it and offered us significantly less for it..

 

My two sisters at this point decided to stop the sale of the property. The amount was enough to cover and pay off my 1st mortgage completely, we are putting the property up for sale though an estate agent but again its going to take time to sell it....

 

I am going to have money in the near future and I need time to sort this all out...

 

I have been onto the national debtline site to look for information on time orders, but at the moment have no idea how to complete one. I have tried to get an appointment with the cab but its going to be next week which is too late

[bs0lth]

Lea

 

would I have to fill out a N440 form...

[bs0lth]

Lea

 

I have just looked for walk in center and we dont have one of those either...

 

I have started to put together the n244 I will keep going with that, I will make the payment to them tomorrow just to show that I eventually got it sorted...

 

also I will include all of the documentation from the last 8 weeks of hassle with the DWP to show that why I couldnt pay...

[bs0lth]

Lea,

 

I think I have the time order sorted, I have been all over for information and talked to somebody from National Debt helpline. I am currently filling out the N244 with the information to try to say the eviction. The timing has really sucked on this, I thought I had everything sorted out and well the my whole life went to hell in a hand cart virtually over night.

 

Can I apply for both at once, or ask that both the time order and the hearing to hopefully stay the eviction be heard at the same time?

[bs0lth]

Sitting in the county court they are trying to find information to process the Time order. All of the staff here have never seen one

 

So I also brought the n244 filled out as well. Now waiting for the incompetent dwp to fax them a letter to state what type of ESA I am on since nowhere in the 15 letter I have from them state it's income related AND although the letter stating my cb ESA had run out was dated the 25th of April the date in the letter was the 19th of Feb which means they could not accept it

 

I have no idea what's going on but know at least if o continue to sit here then they will eventually deal with me..

[Lea_HTH]

The difficulty with asking for advice at the last minute is that often there is no time to respond to queries. I have a full time job, so there was no way I was going to see any of your day time messages.

 

After court proceedings have already started a time order is applied for on an N244, so you can use the same form to apply for the stay and the time order (this is because there is already a possession order on the property).

 

Court staff don't know about the legal procedures, so there is no point in asking them anything - they're not allowed to give any kind of advice that could be construed as legal advice. You must include full details of your income and expenditure with a TO application, you need to tell the judge what you want him to do (e.g. lower the payments, how long for, reschedule payments, lower interest rate etc). You really ought to get some help with this - I don't have time as this is the first opportunity since yesterday to get online and I have other things, so this reply is as good as it gets.

 

Hopefully you've been able to put your application in - if not, then I would suggest you see a local solicitor, even if only for a few minutes brief advice (though it is your home you are fighting for so you may be entitled to legal aid - you need to ask).

[bs0lth]

Hi Lea

 

thanks so much for your help, I understand completely about you working full time, but you pointed me in the right direction. I sort of sussed it, I asked for the time order and the suspension of the eviction warrant to be heard at the same time,if that could be done. I sort of tried to get help a couple of months ago with this issue, but never mind

 

I actually phoned the debt hellpline and I read the process, also the sample time order they had on there, then I went and read the relevant parts of the CCA.

 

I know the staff can not give any help at all, but it was strange them saying that nobody in the office had ever dealt with a time order and they had to go and look up exactly what it was. I have to say though the staff normally go above and beyond to help. but saying that I have been there so often, I am actually getting to know them really well...

 

so far now, I have printed out the relevant parts of the CCA I need to read them again to understand them, and I have started to make notes, I have also pulled together the original terms and conditions and loan agreement,

 

We shall see what happens, I put in proof of what has been happening over the last 8 weeks and what is going on, and why it all went pair shaped. we shall just see what happens tomorrow...

 

thanks again

[bs0lth]

Lea, also know it was last minute, but I really did not have a lot of time from it being delivered and the bank holiday did not help either. I had to also get the other stuff sorted out, because I had to apply for the fee remission, I really at that point did not have the money to pay it. I have had a nightmare dealing with stuff over the last couple of months, I actually had everything on track and was amazed at just how easy it was to dis-rail it all over again.

 

its still not right, and I still have a lot to do, but hopefully fingers crossed I might be able to get some time to sort it.

[Lea_HTH]

Try not to worry too much. My only concern about people asking for help late is that they won't get as much help as they need because those who can help aren't always around at short notice.

 

At least you've been able to gather your information together. I think that a judge will definitely consider the time order if that will help you in the interim. Obviously you also need to look at what you are going to do in the long term and when you'll be able to afford the CMI in full. You also need to look at reclaiming any charges they may have put onto your account. There are lots of threads on the forum relating to that.

[bs0lth]

Hi Lea,

 

I need to get my head around what has just happened.

 

The judge I saw today, mixed both the application for a time order and the suspension of the warrant up....

 

I think I am going to need a lot of help in the next couple of weeks, but its going to be worth it

 

 

let me try to list this in order, not missing out what has happened,

 

there is only 26 months left on the loan, so he said that realistically the loan payment would have to treble to actually pay off the arrears and charges and the CMP and he is not happy with that mainly because of the amount of charges is more than the arrears and the remaining balance.

 

He also said that the arrears in three months have jumped from £2800 to over £5500 and the monthly paymenet is £83 pm he wants to know why they are now saying that the arrears have gone up as much

 

In the last order spml stated the charges were in excess of £9500 but they have reduced them to £6000 he wants to know why...

 

He said If i was to go further with this claim I could end up with legal fees did I understand that .. if I lost then they would ask me for the fees... I said I did

 

he has said that he is adjourning the time order, because I need to produce information for him, he needs evedence of the charges, the arrears and evedence that I am trying to pay off the remainding arears..

 

he also said I need to pay my CMP + 25 before the 31/05 otherwise he will instruct the bailiff to carry out the warrant...

 

he is going to schedule an hour for the next hearing at the next available date this is to give me time to get my ducks in a row, he wants to know exactly what I am doing, about the charges etc, and to look into an

unfair relationship and see if I can prove one...

 

He also said that he needs me to get better documentation from the DWP because what I have been given is a complete mess..

 

and he needs proof of income... etc...in black and white

 

also needs confirmation that the properties I have said are actually up for sale...and documentation to go with that...

 

So I need to go away and think..

 

he also ordered spml to provide me with a complete list of arrears, charges payments, he got really hacked off because when he asked spmls rep to get them to provide them she said that she would have to ask spml if she as permitted to give them to me or I should put the request in writing... so he told her that, If they were relying on documentation in the hearing then its my right to have a copy of them... so he then put it into the order that I had to have a copy wthin 7 days.

 

so it looks like I am keeping reading...

 

mind blowing...

[bs0lth]

Oh I need to know if the loan is technically enforceable to... I need help to check it...out, I dont think its right... he glaced at it and said you need to look into that....

[bs0lth]

ok this is a long shot, can somebody anybody tell me if this loan agreement is enforceable?

 

this is just for information, I need to actually start to put a lot of things together, but when the judge said today it might be worth a look at that it got me thinking...

 

 

hope this comes up

[Stevlynd]

Hi Lea,

 

I need to get my head around what has just happened.

 

The judge I saw today, mixed both the application for a time order and the suspension of the warrant up....

 

I think I am going to need a lot of help in the next couple of weeks, but its going to be worth it

 

 

let me try to list this in order, not missing out what has happened,

 

there is only 26 months left on the loan, so he said that realistically the loan payment would have to treble to actually pay off the arrears and charges and the CMP and he is not happy with that mainly because of the amount of charges is more than the arrears and the remaining balance.

 

He also said that the arrears in three months have jumped from £2800 to over £5500 and the monthly paymenet is £83 pm he wants to know why they are now saying that the arrears have gone up as much

 

In the last order spml stated the charges were in excess of £9500 but they have reduced them to £6000 he wants to know why...

 

He said If i was to go further with this claim I could end up with legal fees did I understand that .. if I lost then they would ask me for the fees... I said I did

 

he has said that he is adjourning the time order, because I need to produce information for him, he needs evedence of the charges, the arrears and evedence that I am trying to pay off the remainding arears..

 

he also said I need to pay my CMP + 25 before the 31/05 otherwise he will instruct the bailiff to carry out the warrant...

 

he is going to schedule an hour for the next hearing at the next available date this is to give me time to get my ducks in a row, he wants to know exactly what I am doing, about the charges etc, and to look into an

unfair relationship and see if I can prove one...

 

He also said that he needs me to get better documentation from the DWP because what I have been given is a complete mess..

 

and he needs proof of income... etc...in black and white

 

also needs confirmation that the properties I have said are actually up for sale...and documentation to go with that...

 

So I need to go away and think..

 

he also ordered spml to provide me with a complete list of arrears, charges payments, he got really hacked off because when he asked spmls rep to get them to provide them she said that she would have to ask spml if she as permitted to give them to me or I should put the request in writing... so he told her that, If they were relying on documentation in the hearing then its my right to have a copy of them... so he then put it into the order that I had to have a copy wthin 7 days.

 

so it looks like I am keeping reading...

 

mind blowing...

 

Well done bs0lth, keep up the good work.

[Lea_HTH]

Not convinced there is any argument about enforceability - you'd need to see a consumer lawyer to have them look through all the paperwork, not just make a wild claim.

 

I think the charges issue are the way you should go. Get all the charges refunded and you're probably in a much better position. Since this is before the court, they will be obliged to either refund the charges or explain them to the court and have them deemed unfair (they won't risk the latter due to the far-reaching implications for their other customers, and will almost certainly refund).

 

You must pay the CMI plus £25 that the judge ordered you to pay...so however you find that money, it MUST be paid or you will lose out on the opportunity to have your debt reduced (by the removal of the charges).

 

The rest of the stuff you have to do is relatively straightforward - gather the information, put it together in a nicely organised file, with page numbers, and tabs, and provide a copy to the judge (keep one for yourself), and provide a copy to the lender.

[Lea_HTH]

Hi

 

Maybe I can help to take-over your arrears with an lease option; where is the property located?

 

thanks

Walid

 

Totally unnecessary - OP doesn't need this kind of 'help'.

[bs0lth]

Hi Lea htanks for your reply,

 

I think everything got to me and I have been ill for the last four days with "MAN" flu and Have not been online at all.

 

I appreciate your help, still trying to get stuff together, and your right I dont understand or Walid Samadis kind of help