Eviction Notice Promontoria Vantage / Engage Credit

[Scottyq812]

Hi all,

 

In need of some advice / help and lots of reassurance.

 

My mortgage was with GE Money and was transferred to engage credit last year.

 

During last year I suffered an attack and since then have had mental health issues PTSD etc.

Subsequently I took redundancy in July 2015.

Redundancy maintained payments up until the end of the year, by which time I had applied for ESA and PIP..

I am now in the ESA support group and receiving PIP.

 

All the time I have maintained contact with engage.

GE had a suspended possession order as of Dec 2010 and that was maintained and subsequently they added the arrears to the outstanding balance.

 

With engage I have made 2 offers and both were rejected, one as could not afford and the other as not high enough.

 

During this time I have sought advice from CAB and subsequently to that am now in process of arranging an IVA

 

Engage have sent a solicitors letter giving 7 days to bring the account up to date or they would apply for a warrant of eviction.

 

 

Yesterday from the court I received an order relating to changing the name on the suspended possession order from GE to Engage. This gave me 7 days from service to apply to object to the new order.

 

Today by hand the notice of eviction has been delivered, 6th September.

Also I have had a field agent call at the house to arrange a visit, planned for Tuesday.

 

I know main focus needs to be to stop eviction and file N244 which I will do next week,

the IVA proposal includes I.E. and includes the mortgage + £64 monthly towards the arrears.

This proves I can afford going forward on the benefits I receive.

 

 

Just need reassurance that we will be able to get the eviction suspended also why are they now sending a field agent round.

Also were they right to apply for warrant even though the name change order has only been completed and I an still raise objection.

 

Engage were fully aware I was seeking financial advice and also that I have applied for a hardship grant from a charity, still in progress.

 

Mortgage is in joint names and no children in the property.

 

Any help much appreciated.

Thanks

[Scottyq812]

Any advice or help would be really appreciated.

 

Field agent due to call tomorrow and Engage have called me today to ask if I can clear the arrears.

 

Thanks in anticipation.

[AndyOrch]

Hi Scotty

 

Although I am no expert with regards to repossession/eviction...but I wondered if you where claiming SMI along with your benefits to aid the payments of your mortgage?

 

https://www.gov.uk/support-for-mortgage-interest/overview

 

With regards to the field agents impending visit..I wouldnt have agreed to that as that will be another fee added to any arrears.

 

Regards

 

Andy

[Scottyq812]

Thanks Andy, yes have got SMI a grand total of £9.60 a week.

 

I agreed to the field agent as did not want to appear obstructive.

[Ell-enn]

Hi Scotty, have you filled in a budget sheet yet? this will show the field agent you will be able to make payments going forward. It's best to have one of these prepared in advance of the agent visit as they will ask you about your income and expenditure and it's not always easy to give correct/appropriate answers while they are there as you could be nervous and give incorrect info.

 

 

You can download the budget sheet we use in Post 2 of this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession it calculates automatically as you fill it in. If you need help with giving the info please let me know. Do you have a printer at home so you can print it out ?

[Ell-enn]

We can also use the budget sheet as part of your defence if we have to enter an N244 at court.

[Scottyq812]

Thank you Ell-enn,

 

I have a budget sheet from the IVA set up that I have used.

I have completed the budget sheet on here ready for the court. I intend to file the N244 tomorrow as the eviction warrant has been granted.

 

I am looking to see how I attach docs in hope you could check as ok?

Thanks

Scotty

 

Hopefully these attach

 

[ATTACH]64007[/ATTACH]

 

 

 

No that didn't work sorry

 

This is the statement I have prepared, using Ell-enn advice so thank you

 

 

 

Lets try again

 

 

 

I will get this right

 

 

 

What am I getting wrong on attaching the document?

[AndyOrch]

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use http://www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD -mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box. Just upload it ..job done

.

dx

[Scottyq812]

N244 with xx.pdf

 

Converted to PDF to see if works.

Strange but all the other attachments show normally on preview??

N244 with xx.doc

[Ell-enn]

The statemement looks fine. Have you filled in the N244 form ok ?

[Scottyq812]

Yes thanks Ell-enn and budget sheet and fee remission

 

Will go to court today.

 

I did not know about going into fact of original suspended possession order was nearly 6 years ago., 2010, and with different company and has been managed fine and had been back to normal and eventually capitalized in 2012

[Ell-enn]

Which month in 2010 was the original suspended possession order ?

[Scottyq812]

Dec 2010, I think they pushing to court due to proximity of 6 year date.

 

They only applied to court to replace claimant name end last month.

Anyway been to court and all good except fee remission form was wrong one, old one apparently. Hearing planned for Monday 15th.

 

Will keep informed

[Ell-enn]

Do you know if there are any duty legal reps in attendance at the court on the day of your hearing ?

[Scottyq812]

I don't I will have to see on the day. I will be seeing if my community support worker can come with me.

 

Is it best for both the wife and I go?

[Ell-enn]

If the mortgage is in joint names then you both can attend the hearing. Ring the court and ask if there are any duty advisors there on Monday.

[Scottyq812]

Will do thank you

[Scottyq812]

No duty legal rep available, said they are only available in magistrates court not in county?

[Ell-enn]

They're telling porkies - loads of county courts have them - perhaps it's just their court doesn't. I would have thought at least a CAB advisor would be there on repossession hearing days.

[Scottyq812]

Quick update

 

The court date got cancelled, Judge collapsed and no other judicial available. New date of 24th of August

 

Received letter from Engage yesterday which was to reject latest offer to clear arrears as evidence provided to support proposal does not confirm the offer is affordable. I called them as I had not made an offer and wondered if this was the details supplied to the court as part of the hearing. Turns out it wasn't they are basing this on the field agent visit who looked at the income expenditure, IVA and agreed with us.

 

I really think they are just pushing to court as the original suspended possession was Dec 2010.

Should I consider asking for costs as they of course will end up passing to me otherwise?

[Scottyq812]

Anybody any thoughts in court tomorrow.

 

Just been reading some CAG files and need to ask if the hearing does go badly tomorrow do I need to ask the district judge for leave to appeal?

 

How do I appeal if eviction is not suspended?

 

Thank you

[AndyOrch]

http://england.shelter.org.uk/get_advice/eviction/court_action_for_eviction/changing_possession_orders

 

https://www.gov.uk/repossession/delaying-eviction

[Scottyq812]

Thank you

[Scottyq812]

Great news from Court this morning.

 

Eviction suspended. There was a representative from Shelter who came in with us and spoke on our behalf.

The mortgage company wanted the application dismissed however when it became clear that they were relying on the pre action protocols having been completed in Dec 2010 when the possession order was fist granted and suspended the Judge basically finished the hearing and said due to no evidence of complying with pre-action protocol she was awarding the eviction suspension. This Company only bought the mortgage last September and all previous arrears had been cleared by 2012, so she said these were two distinct events.

 

Thinking now that I should raise a complaint with the mortgage company to have the charges and costs removed on basis that they had not followed protocols.

Any thoughts?

[AndyOrch]

Thats excellent news Scottyq.......Perhaps let the dust settle first before considering poking the hornets nest further?

 

Well done

 

Regards

 

Andy