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    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
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Fathers house going to be repossessed


bigprob2013
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Hi. New to the forum.

 

I am currently trying to help my father through some serious debt problems and having been to the Citizens advice a couple of times bankruptcy is looking likely (although need to save enough money first). I have also discovered though that the mortgage company have been to court and been issued a possession order for his house. The date given on the court form says he should have been out on the 26th October. He has been ringing them weekly and paying something but still owes £500. He has sold most of his furniture and other belongings to try pay the arrears off but it's not enough. I was wondering if anyone knew since the court has already issued the possession order, whether the house is going to be repossessed regardless of what he pays now? They have told him it is in the hands of their solicitors. What happens next? He does have a permanent job but the pay is not great. had an IVA fail as unable to keep up payments. could probably pay off mortgage arrears if had no other debts to pay. also has CCJ and bailiffs coming to recoup another debt. lots going on here. Unfortunately I don't have anything spare to help him (married with two kids)

 

He has accepted he can't keep the house but needs to find somewhere else to live before repossessed. The CAB has said the council are unlikely to re-house him and private landlords won't touch him. I'm unsure where else to go right now so would be grateful for any advice anyone has. Should he keep trying to pay the mortgage company or keep the money to save for bankruptcy?

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Hi and welcome to cag.

 

Did you father go to court?

 

Has he had an eviction date?

 

How long is left on the mortgage?

 

Are you sure the arrears are only £500?

 

Is there any equity in the property?

 

Obviously the mortgage isn't the only issue, but let's look at that first.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi bigprob2013

 

The arrears are small and there maybe enough money to settle the arrears if the mortgage company paid back the arrears charges of $50 a month which is automatically added to the account. Click the link below for the letter which you should send to the mortgage company requesting those charges back.

 

Charges refund letter:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?390026-Mortgages-Reclaiming-Charges

 

How old is your father is he on his own?

 

To see fully what his income & expenditure is it may help to fill in the form, link below, to get a full picture of his payments to other creditors. It sounds like your father maybe paying off the wrong people first, credit card and loan debt is not a priority debt. Let us know what you have found and answer Caro's questions we may be able to help.

 

Budget sheet here:

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=47633&d=1384275448

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hi there, if a possession order has been granted with a vacation date of 26th October it means that if your father didn't leave by that date the lender would apply for an eviction warrant (which is why the will have said it is with their solicitors). Hoiwever, if you get an eviction warrant you can defend provided you can show the judge you can pay something towards the arrears on top of the normal monthly payment. We can help with this.

 

Just a few questions:

 

How much is the normal monthly payment?

How long is left on the mortgage?

You say he has bailiffs calling for another debt - is it a CCJ that he hasn't paid? if so he can apply to the court to make monthly payments towards the debt at a rate he can afford.

 

At the moment the mortgage and the CCJ are the most important things to sort out. If you answer the questions we can get started If he can afford the mortgage and a small amount towards the arrears each month and negotiate smaller payments to other creditors then he should be OK.

 

Can you list his debts please so we can establish which take priority - also complete the budget sheet (link in post above) - just put the basics in -monthly salary, then normal mortgage payment - council tax, water rates, gas & Elec. How much is left over?

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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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Hi. Thanks for the advice. I'll try to answer all the questions raised the best I can but I've not got all the info in front of me right now and it seems more debt/problems are appearing as we go. Think he must owe everyone something.

He has not been to court for anything. His wife (my stepmother) has left him recently and he is not in a very good state of mind to cope with any of it at the moment. Think he has been ignoring all letters for a while.

 

The only court form I can see referring to the repossession is the one stating he has until 26th October as the date he should leave the property.

 

There are only 3 years left on the mortgage which according to the information with the court letters stands at a little over £133,100.

He has been paying interest only at £244 per month. There's no way he will ever pay this up in 3 years so even if he manages to some how keep it he will need to sell in the next 3 years.

A very similar property a few doors away has just gone up for sale at £150,000. However, there are also two charging orders attached to his. one for £10,000 and one for £6,000.

 

The mortgage arrears were at £680 but he has now paid some of this off. It currently stands at £230 and he has been selling whatever he can and is phoning weekly to try pay something.

 

He's unsure what charges have been applied by the mortgage company but I'll look into this and send the letter as advised.

 

My father is 58.

He was on his own but my younger brother who is 21 has just moved back in with him to pay rent to try and help. He is going to pay £275 per month.

 

There is an outstanding CCJ for about £4200. A warrant of execution for a bailiff was received on 31st Oct. We have sent a N245 application to suspend this and made an offer of £10 per month. The bailiff has turned up but gone away again once my father informed them the N245 had been sent. They said they would ring him in a couple of weeks.

 

He had an IVA terminated and the total debts from that come to £66,000. This did not include the CCJ debt above. A report sent with termination does list the creditors and some have already passed these on to debt recovery firms. I have written to any that have sent letters asking for 28 days whilst advice is sought.

 

He is on a pre-payment meter for gas and electric. These were installed to recover debt he owes British Gas. He doesn't use his gas though.

 

I am still trying to find out and list all the debts and will fill in the budget sheet as soon as I have all the info needed.

 

Thanks very much for the advice I will try to get all the facts as soon as I can. He didn't keep good records of letters so as and when he finds them I find out about new debts.

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See what others think but I believe your father shouldn't pay any more off the mortgage and save the money for other things he's going to need, whether it be bankruptcy, moving costs or a deposit for somewhere else to live.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I agree this looks like a lost cause now with the debts that high. With no assets left it may be time to consider bankruptcy. Due to your fathers state of mind you will need to do a lot of letter writing on his behalf.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Thanks I was thinking along the same lines. Be difficult to save the house now. Although the CAB have said they don't think he will get a council house and most private landlords/letting agents won't rent to someone with bad credit/CCJ/Bankrupt.

 

I'm Planning to go to the council to ask if they can help with housing. Until we get that sorted though it seems the only option would be to keep trying to pay the mortgage arrears. If he stops does anyone know how long it would take for them to get an eviction through the court? Need to make sure we have time to find him somewhere else to live.

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If you pay off all the arrears they can't go for eviction, but you would need to make sure every monthly payment was made on time or they would be able to apply for eviction the first time one was missed.

 

If they do go for eviction, you an apply to the court for a hearing to ask for time to find alternative accommodation or put forward a payment proposal to stop the eviction.

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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