Acenden Repossession Order ** ORDER SUSPENDED **

[whitsend]

Money I have paid in the past that they have said is arrears is partly fees. Of the payments made to Ascenden £3840 have gone on fees instead of payments. The arrears have not been added to the outstanding mortgage.

[whitsend]

Oh, I forgot to add, I am not on interest only.

[Ell-enn]

You should make a spreadsheet showing the payments you have made each month and how much has gone to arrears and how much to fees.

[Rorschach]

An important thing to consider when you make the offer is what you have already said in your posts here. Your arrears are due to being self employed and bad debtors, but you can now guarantee a monthly payment. What's changed that means you can?

[whitsend]

My boyfriend has now moved in permanently and will be paying towards bills, and I have launched a new product which is aimed at a totally different customer base, and I had 4 of my new products in the 10 bestsellers in their catergory on Amazon.

 

I have received a copy of Ascendens witness statement to court today, and they have stated that they would not accept £120 per month due to it taking too long to pay off the arrears. They did not mention that they would accept it if I paid a lump sum. I have paid this months payment plus the £120 towards the arrears as I offered. this month.

[whitsend]

I am in court Friday and I am just getting all my defence together, do I just send in my statement and then take in everything else on Friday or send in everything (budget sheets, proof of this months payment etc)

 

If a repossession order is granted, how long will I get to move out or find the arrears.

[whitsend]

This is my first time ever in court so I am really nervous, sorry if I sound abit clueless.

[Ell-enn]

You should have had your defence in last week, however I suggest you take a copy of it into the court tomorrow morning (keep a copy for yourself to refer to in the hearing) You need to affix everything relevant to your defence, copy letters budget sheet proof of payment etc. Are you OK with setting out your statement?

 

While you are handing in the defence tomorrow ask if there are any duty legal advisers in attendance on Friday.

[whitsend]

I could not do the defence last week as I was in Germany with a customer. I was going to use your template for the defence statement. Would it be of any help if I made a higher offer of payment as they say it will take too long to pay of the arrears.

[whitsend]

Oh, also it says on their statement, that they have asked for possession and a money order judgment, I don't know what they mean by that.

[Rorschach]

There is a court ruling called Cheltenham and Gloucester vs Norgan which says when considering a reasonable period of time to pay off arrears the start is the term of the loan. This means if you can offer to pay off the arrears within the term of the loan you should be okay. But bear in mind the longer you take to pay it off the more it will cost you in interest. It's best to make an offer you can afford. I guarantee if you do that the DJ will side with you. They always look after the little guy.

[Rorschach]

Again I say this as someone who used to be an agent at Court and has seen hundreds of cases. You have nothing to fear.

[Ell-enn]

Hi, if you are around this evening I can help you with the statement and appendices etc. Please don't make an offer that is higher than you can sustain for any length of time - your arrears are not a great amount (compared to a lot of cases) and I think if you offer what you can afford and quote the Norgan case law you will be ok. Have you read my guide here ? http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession

[whitsend]

Yes, i am arround tonight, I am going to my office to do the defence where I have access to a printer, and yes I have read your guide and am using you templates.

[Ell-enn]

OK, let me know if you need any help

[bassmanrich]

hi there just a quick q...im also with these thieves ... i am near the end of paying off the arears (250 left) and also have 2 complaints in the process... i pay via the web site which shows how much arrears left and the other arrears (fees) which are £390 my question is when i have paid off the actual arrears do i then have to continue the extra £57 month to pay off the fees arrears or is that then added to the end of the term? thankfully it is a 2nd charge and i have much equity in the house and don't feel threatened anymore as i am very near a position that they cant play their evil tricks..and that's when i intend to give the hell or as much as poss.. in fact i will probably pay £20 extra a month (much to their horror i think) just on a note i do think its worth paying through the website as you can see your account and keep tabs... i have paid always within the 7 days after date due and have not had any charges added to the account.... im guessing as its 2nd charge they have no say with their insurance games as its covered by the first charge... with another company, where i am actually in £6000 in credit! strange situation... Thanks for help on advance...i dare not call them as you will only get stress from their idiot team... i am also claiming an interest rate drop ...i have a complaint logged and have sar'd them for everything from day one of the loan.... thing is i cant deny i hit hard times and found things hard, but when i sighned on the dotted line, i did not sighn up to this pure fraud on peoples lives...

 

Thanks again..

 

rich.

Edited August 13, 2013 by bassmanrich

[whitsend]

I am in cuurt tomorrow afternoon and I have my proof of payment of this months mortgage payment and arrears payment. However I tried to register for Acendens web pament, so that I will not have to pay an extra £5 every month for paying by another method (bank transfer) however they will not let me register to make payments and they will not take payment over the phone unless accompanied by a lump sum. Are they deliberately trying to stop me paying them. I do not want to have to pay £5 every moht to just make a payment.

[Rorschach]

They can't refuse to accept payments, but they can refuse to accept that the level of repayment is okay. The best bet for you is not to use their website but pay by transfer and keep a record.

[Rorschach]

Another quick question. You say you are in Court tomorrow for arrears of £250. That makes no sense as that's below the minimum you can take to Court. Are you sure your figures are right?

[whitsend]

My arrears are £2920 as per my previous post, it was someone else who posted about their arrears being £250 on this thread. I will carry on paying by bank transfer.

[Rorschach]

How much can you pay to your arrears each month. Over and above your monthly instalment?

[Ell-enn]

You need to tell the court that they refused to accept payment over the phone or let you register to pay via their website. Did you make a note of the name of the person who refused to take payment and the time of the call ?

[bassmanrich]

hi there that was me about £250 arrears..i called them and sorted it... Can i just give you my exp, and its from a point of view where i know nothing about the law but how i avoided all this. I was in a very similar situ, but kept it out of court..and the only way i could fend this off was to pay the lump sum... i dont know about your contract but on mine it says if its in 2 months arrears they can repo. It seems to me that these people work to the contract with no leway, and hide behind the smpl contarct saying they are following the mortgage company contract and cant change anything on that what so ever and the only way forward is to get into the black. I was in 2200 arrears and £400 fees. I managed to pay the £1200 lump sum and been chomping at the rest and down to £250, when that is paid the fees can be paid over the term of the loan, but i had to pay the arrears off. I dont understand why you cant register, i did it all online, pretty easy and its the way to go as you get an email confirmation and you can see your account and keep tabs. All i would say is try and somehow pay this lump sun or even a good part then set an arrangement just for the true arrears, (the fees you can fight off another time) .... so far since i have done this i have had no problems what so ever. I think the problem here is we sighn a contract and they stick to it with no movement what so ever.... I can only tell you my exp, if there is a way to get the lump sum thats the way to go...hopefully it will go your way tomorrow. In my case i cant really say anything as it was my fault that i could not pay the payments, and ended up like that...these 'people ' will put the worst pressure and go for repro at drop of a hat... I hope it all works for you tomorrow, but saying all this stuff in my case did not work, as they handed back the contract that i signed to.. the only thing that seems to talk is hard cash...and fair play they have left me alone and added no fees in-spite of me paying in the 7 days after my payment date via their website. Try and get the true arrears sorted then you will be in a strong position to fight their fees, but the true arrears gotta be sorted......Anyway good luck...

Edited August 15, 2013 by bassmanrich

[whitsend]

Unfortunately they give me a week to get £2200 lump sum, which took me to the end of July. Because I could not get it together by then, the lump sum they wanted went up to £2500, I could not do this before the court appearance, which was only 2 weeks off.

[bassmanrich]

They are like vultures....waiting for a mistake then go in for the kill....