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andrew0101

Awaiting Eviction date - ** SUSPENDED **

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OK, if they refuse again, then ask them to put it in writing and take the name of the person you speak to.


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I will do that certainly....and between now and the court date I shall write to them again and attempt to put forward the offer with even more compelling support....in addition on the 31st July I will make a payment including the additional amount to show the judge that it is affordable....hopefully if I send another letter by special delivery they will lose that as well as I am sure a judge will find that quite poor on behalf of a major lender....naturally I shall refer to that with evidence of the first letter they lost

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What are you thinking of offering ?


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Well I am thinking of offering the same amount for a six month period and adding a secondary budget sheet as our income will be increasing come October/November so would like to be able to offer an additional £75.00 on top of the £200 already offered

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I wouldn't send them any more budget sheets - if you feel the need to write to them again then just advise them you should be able to offer an additional amount from end October due to(whatever the reason is). But if you have the house on the market, it may well be sold by then anyway.


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This is very true...I think I would prefer to take my chances in front of a judge and hopefully get an order that I can adhere to and stop the building society in their tracks

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Absolutely no response from the building society despite their assurances they would ring me today with a decision

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Finally a phone call rejecting any offers and saying they will only accept the full arrears balance....now passing to their solicitors to arrange a court hearing according to the lady I spoke to and I would be advised it will be? This surely must be wrong as there is a suspended possession order from 2010.....it's bad enough the position we are in, it's worse when the information we are getting from the BS is wrong as well

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You have my utmost sympathy Andrew. Sadly I think some lenders, mine included, simply want to get out of the mortgage market now and are pushing any possible opportunity to repossess.

 

 

My lender have been on my case for years even though my arrears have reduced substantially and are now less than two months/just over two months, depending on the time of the month. I have had a letter from their solicitors telling me they are applying for eviction - again.

 

 

When I asked the solicitors what they thought the arrears were, they said they had no idea and I should ask my lender. So presumably when a lender hold a suspended order they can go for warrant at any time and it will be automatically granted? Obviously they have not told the Court what my arrears are, as they don't know.

 

 

Worries me to death that you are dealing with your home, your biggest asset with its emotional investment, and you have to deal back and forth with solicitors and lenders that don't know you from Adam, and simply couldn't care less.

 

 

Most of them are 12 year olds who read off a script I think. My greatest fear is losing my home because of some misunderstanding between the lender and solicitor, since the latter constantly changes and is presumably appointed on the basis of who works cheapest.

 

 

Just to say I feel your pain. Given my life again - I would never buy. You have far more security as a tenant that a home owner as far as I can see - well at least if you fall into the hands of the dodgy end of the mortgage market.

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How have you found judges towards you in court?

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Much nicer than lenders Andrew!

 

 

Society does not want people to lose their homes, the government certainly don't, nor do the local authority who have to house the homeless. The only people who want you out are the lender.

 

 

In my experience although judges are terrifying to me, they are very very fair. I have read the guidelines handed out by The Ministry Of Justice and it says that repossession is an absolute last resort. When there is absolutely no hope of the people concerned making payments, let alone clearing the arrears.

 

 

The people who suffer most are those who just hope it will go away and do nothing to help themselves as far as I can see. Judges do not want you our of your home unless they are left with absolutely no alternative.

 

 

BTW have you talked to your local authority about mortgage rescue schemes? I am not an expert but I notice that lenders never tell you about those and they were set up by government to help people keep their homes. I don't think they are widely used but am not sure if that is because they are not easy to get, or because people don't know about them. :)

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Thank you for this, it's what I thought, but it's good to hear it first hand so to speak. As for mortgage rescue....that all ended at the end of March this year and the only help the council were able to give me was "you had better register yourself and your family as homeless"

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The BS have told me that they do not need to put their reasons for not accepting my offer in writing...is this correct? I think I read somewhere that legally they have to or are in breach of some law?

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Yes, I think you are correct - I will ask Ellen for you to confirm.


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Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ell-en will know better than I Andrew but I have heard several times from my lender that they 'are not required to abide by the guidelines laid down by the Council of Mortgage Lenders' even though they are members!

 

 

On the other hand the Financial Conduct Authority now regulate mortgages and with their rules you do not pick and mix what you are prepared to do and what you are not!

 

 

Without wading through the FCA Handbook I would guess that they make it clear to mortgage lenders that they have to co-operate fully with borrowers and 'Treat Them Fairly' which is a backbone of much of the legislation. I would think refusing to write with an explanation of why they are rejecting your offer would be part of treating you fairly, whether a specific rule applies or not.

 

 

When you put in your claim against eviction to the Court you should of course include their refusal to send you a letter on the matter in your notes for the Judge.

 

 

They are shooting themselves in the foot with all of this so as long as you record it carefully it will all go in your favour with the judge. And don't forget whoever turns up in Court from their side will be a local solicitor who knows nothing of the case other than the notes they will have read a couple of days previously. :)

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Did they make that statement in writing or on the phone ?


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi andrew0101

I've found and learned a valuable lesson that when dealing with these people try to leave a paper trail.I had a vebal offer from a DCA well below what I a have curently repaid them that they later denied (again verbally) making. A good paper trail gives you proof of arrangements, agreements ,offers etc. I no longer accept phone calls from them now and always tell them to correspond with me in writing.

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The CML recommendation is:

 

5.5 The lender should respond promptly to any proposal for payment made by the borrower. If the

lender does not agree to such a proposal it should give reasons in writing to the borrower

within 10 business days of the proposal.

 

However the above is contained in the Pre-action protocols - it could be argued that enforcement of a court order for possession (eviction) is not pre-action, but the lender does have to treat the customer fairly and not giving a reason for refusing a payment proposal would certainly seem unfair.

 

They may think they don't have to give you a reason, but provided your proposal is a fair one, based on your financial circumstances - I think a judge would want to know the reason they rejected it.

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Hi, I have just picked up these threads, my iphone seems not to load them....I am now awaiting the eviction warrant, should be within days, once I get it, with help, if possible, I would like to get my N244 submitted ASAP...In answer to Citizen B they made the statement verbally and when I asked them if I could have it in writing, they said they did not have to do that...their reason was based on saying I had defaulted on 4 payment plans this year, which is rubbish as only one was agreed in January!

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I am attaching a copy of the statement I have drafted to support my N244 and hope I can have comments or advice

 

Our mortgage problems stemback to 2010 when my business was forced to close due to recession and mehaving a very serious health problem that meant I was unable to work for nearlytwo years. Up until then we had been on a repayment mortgage for some time andhad made payments each month for seven years.

Since that time with twoyoung children, now 6 and 7, things have been particularly difficult and everytime an arrangement has been put in place something has come along to cause ourfinancial situation to worsen. In the last 8 months our tax credits have beenreduced from over £800.00 every four weeks to just over £80.00 a loss of some£720.00.

However, our positionfortunately is looking far more promising and I have attached a budget sheetwhich shows an ability to service the mortgage and to address the arrears.

A lot of our problems havecentred around childcare after school which has limited my ability to earn asmuch as I am able to. I am pleased to say that as from September this will becomeeasier as we have been able to draw on a wide network of friends to support uswith childcare which will mean that I am able to work from 8.30am until 6.00pmwithout having to stop at 2.00pm as I have had to over the past year or so.

I would also like to draw thecourts attention to the attached property sales contracts as we are in aposition where we currently have in excess of £50,000 equity and feel that itwould benefit us to sell the property and start again with some money behindus. The court will notice that there are two agency agreements and this isbecause the first agency rather overvalued our property and despite someinterest, there was not anything concrete. Due to this we decided to pass oursale over to a more established named agency at a reduced price in order to hopefullyachieve a quick sale.

Over the past few weeks Ihave attempted to put all this forward to the building society but sadly, theyhave rejected all offers, proposals etc out of hand and have also refused pointblank to put any reasons to me in writing. Furthermore, when I wrote to them inearly July with a reasonable offer and sent it by special delivery, proofattached, they did not reply and once I followed it up by phone, was told thatthe letter had never been received, thus putting me in an even more awkward positionand losing me two weeks more time to attempt to negotiate an agreement. On two occasionssubsequently I have had my case referred to senior managers where I havesupplied further details of how our financial position will improve even morewithin the next year as my wife intends to increase her days to 5 days a weekand then progress back into management. Before we had our children she was aDeputy Head teacher for 8 years and an acting Head for 12 months so her careerpath is one that she has already succeeded at. It is not also my intention totaxi drive as I wish to set up another business and as the children get older thiswill be achievable.

It is both our belief that ifwe can sell our house then we will move on and start again, BUT, if forwhatever reason we did not get a buyer we will be able to service our mortgageproperly until the end of the term. It is fair to say that we have hit a verybad time, but it is not a position where there is no light at the end of the tunnel,but one where there would be a successful outcome.

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Hi, I'm at work but will try to get back to you later. At first glance your statement is too long and not concise enough. It should be set out clearly and in bullet points - have a look at post 48 of this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?429540-being-evicted-tuesday-11-o-clock-help!!/page3

 

and post 64 here - http://www.consumeractiongroup.co.uk/forum/showthread.php?429540-being-evicted-tuesday-11-o-clock-help!!/page3

 

These statements should give you an idea of how to set it out. It is also important that you quote the Norgan case law (also in these statements), if you are asking the court to allow you to pay the arrears over a period of time.

 

Back later...


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Have had a letter from solicitors acting for BS saying they have an eviction date of 8th October....nothing from court or bailiffs yet so no warrant number to put on N244....what shall I do, what can I do?

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Hi there, I can help you with the N244 form etc once you have received the eviction notice (you will need to take that along to the court when you submit the N244).

 

Is the house still for sale? have you had any interest in it?

 

Have you made any payments recently - in line with what you have offered them ?


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Hi Ell-enn I have now received the warrant and would be very grateful for your help in doing the N244 and witness statement....I have emailed the N244 to you that I have done so far

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