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Just received an Eviction notice for 12th August, please help.


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I had a suspended repossession order from a lender with regards to a secured loan.

I have been making the payment plus extra towards the arrears but had some issues in 2011 and 2012 and missed some payments but since 2013 I have had a good job and have progressively been trying to clear out al my debts .

 

I had even increased the amount I had agreed to pay towards the arrears.

For some weird reasons I never got any statement from the lender to let me know the balance on my arrears.

 

Around about May this year I got a letter from the lender saying that I had arrears of about £4000, and then a few days later I got another letter from them saying that the arraars was £6000.Very confusing indeed.

 

I called them and asked how much was the arrears, they said £ 4000, this was really confusing as once again it was differing from the £6000 they had written .

 

Because I was not at peace with the confusion of what the arrears balance was ... I offered to pay £500 lump sum and then add an additional £130 towards the arrears from the original agreed £20

 

They asked me for a budget planner.When I filled it they called and said they would be going to court to evict me.They did not give me any reason, nothing whatsover.Is this correct.

 

I have already paid the lump sum of £500 and started the payment.

 

I got a letter from their solicitors saying they have applied for eviction, the letter did not say how much the arrears was.I called the lawyer to ask what the arrears was..he said to call the lender.

 

I wrote the lender, high lighting the confusing information I was getting on what this arrears was, was it £4000 or £6000, stating the letters i got from them at the same time stating different balances.

 

I now got a letter from them the next day apologizing that they should have sent me the balance statements as per the consumer credit act 1974 rules , which states I should have been sent this statements as soon the arrears was up to or in excess of 2 contractual payment.They had failed to do this as they stated in their letter , and that they would refund any default charges or interest applied to my account during the period.

 

They now sent a statement where they waived upto £11,900. This waiver effectively clears all the supposed arrears and then some towards the balance...

in the statement they sent however they applied £10,500.....so am actually planning to chase them for the £1,400 they have not applied .

 

so basically this wipes out the arrears and just leaves about £5000 left as balance on the loan...NOT arrears.

 

 

Yet I now received this eviction notice.

The notice was written on 8th July 2014 by the court but postmark shows 25 july 2014...which means the court had posted it to me 18days late ...which does not give me the much time to react...is this correct?.

 

I feel as if the repossession order and the eviction order should be overturned completely.

 

What do You think and what should I do.

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Was the amount you needed to pay ordered when you got the SPO, and if so have you been paying that amount since things picked up last year?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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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Yes I have been paying with extra ..higher than what we agreed with the lender

 

Ok that's great. As long as you can do that then you're safe. :)

 

Have a good read of the repossession guide written by ell-enn in the stickys at the top of this forum. Complete the budget sheet, you'll find there, then come back and say what help you

 

Who's the lender by the way?

Edited by caro

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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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There are instructions how to fill in the N244 in this guide http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession also, in post 2 of that thread there is a budget sheet which you will have to complete to go with the N244 (it calculates automatically as you fill it in). Le us know when you have done that.

 

I will try to get back later to help with the statement to go with Question 10.

 

In the meantime, take copies of the letters from Nemo regarding the discrepancy re arrears amount.

 

Do you have proof of the payments you have been making since 2013?

 

What was the amount of the arrears at the time of the suspended order?

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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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