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vary suspended possession order


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I am a single parent and a carer of a young person with a severe disability. Because of chronic illness I have been unable to work for a number of years . I have a second mortgage with First Plus which was paid by my PPI insurance. Unfortunately PPI insurance with First Plus is only for the first 5 years of the loan.

 

I got into serious arrears with the loan when the PPI policy expired and First Plus took me to court in May to repossess the property. Fortunately I had surgery in February which corrected by health issues. I had a job to start in June so was able to gain a suspended possession order from the court. The terms of the suspended possession order was that I paid the 600 loan plus 200 per month against the arrears. In June I had to make a 4k payment off the arrears. I had to sell my car to do this.

 

I paid the 4k off the arrears by the due date as per the court order.I did however run into difficulty in July because my new employer does not pay till the 28th and my payment was due on 20th. I therefore paid the 600 on the 20th and the 200 off the arrears a week or so later when I got paid. I have done this for the months of August and September too.

 

To my dismay on Saturday I received a letter from Evershed's the solicitors for First Plus stating they were applying to the court for an eviction date. I tried calling First Plus on Saturday but they refused to talk to me about it as the matter was with their solicitors. I tried calling Eversheds but of course there is nobody there until Monday.

 

I am after being back to work only 3 months in a position to pay on the 20th rather than the 28th when I get paid.

 

I have written to Eversheds and have sent them photos of the receipts to evidence that I have paid all the money I should of.

 

On Saturday I did tell First Plus that I can now pay on 20th by direct debit. First Plus told me that they are unable to set a direct debit for me as the matter was with Eversheds. They also said this in June when I made the same request. I have had to make the payments by cash into Barclays.

 

Can anyone please give me any advice.

 

I could not sleep last night, the stress is enormous. I plan to ask the judge if I can change payment dates to the 28th and if I can pay by direct debit or standing order. I will go to my bank and set up a standing order for the 20th of each month anyhow.

 

I will go to the court tomorrow to ask for an emergency hearing to stop the eviction. Why are First Plus so unreasonable. There behaviour is so aggressive. Just as I thought I was getting my life back on track.

 

 

Thank you

Edited by NJSUK
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If you haven't got the eviction notice yet then the application for a hearing will cost you £90, if you wait till it comes and take the time to write a good statement to go with the application then you should have no trouble getting the judge on your side. In the meantime write to them (copy their solicitors), and tell them you intend to apply to the court for a hearing and you will report their unreasonable behaviour.

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Thank you. I cannot believe this. I have paid the money? Be it the £200 towards the arrears was a few days late. There behaviour is aggressive. I did complain about the mis-selling of the PPI and wondered whether this had anything to do with this.

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If you need help with a letter let me know and I'll draft one for your tomorrow.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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