Capstone REPO **WON** got SPO 2010 - Acenden now want to enforce it - help!!

[Ell-enn 7,023]

If you have a suspended possession order already (from a previous court hearing for arrears ?) then they can apply to the court for a warrant of eviction - there doesn't have to be a court hearing for that - they just enforce the suspended warrant.

 

 

However, if they are trying to enforce the SPO they got in 2010 - it is now 6 years old and they have to apply to the court for permission to apply for an eviction warrant. Have you actually reduced the arrears since the SPO ?

[CosmosBipinnatus 1]

If you have a suspended possession order already (from a previous court hearing for arrears ?) then they can apply to the court for a warrant of eviction - there doesn't have to be a court hearing for that - they just enforce the suspended warrant.

 

There was an appeal last October that has changed that. They would have to ask the court's permission, first.

 

http://www.owenwhite.com/suspended-possession-orders-permission-apply-warrant/

 

In the recent decision in Cardiff County Council v Lee (Flowers) (2016), which was heard in the Court of Appeal on 19 October 2016 and reported on 21 October 2016, the Court of Appeal held that Civil Procedure Rule (CPR) 83.2 provides important protection for tenants. The Court made it clear that landlords who are considering applying for a warrant following a Defendant/tenant’s breach of an SPO should first ensure that permission to apply for the warrant is obtained from the Court.

If you have already made an application for a warrant based on the Defendant/tenant’s breach of an SPO without first obtaining the Court’s permission it could result in the warrant being set aside and the Defendant/tenant being able to return to the property.

But this does not apply where the lender has been granted an outright possession order.

 

the requirement to seek permission before applying for a warrant does NOT apply to cases where you have an outright order for possession.

Edited to add: this was to do with a tenant of a local authority. I assume it also refers to mortgage borrowers (it would be unfair if it didn't) but I am trying to find out for sure.

 

My reading of Civil Procedure Rule 83.2 is that this appeal decision applies to mortgage borrowers, too.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-83-writs-and-warrants-general-provisions#83.2

[Ell-enn 7,023]

the court order is usually outright possession, but suspended on terms

[CosmosBipinnatus 1]

If the judge makes a Suspended Possession Order then that is what it is, eviction suspended on terms.

An outright possession Order has no terms.

 

 

I do know of one instance in which Acenden failed to obtain an outright possession Order and then outrageously "scrambled" the dates on the Order that was issued to try make it work as an outright possession Order, at least for long enough to obtain a bailiff's warrant (before this latest Appeal Court decision).

 

this Appeal Court decision does apply to mortgagors

 

https://www.stephensons.co.uk/site/blog/housing-blog/permission-required-for-warrant-of-possession

 

In accordance with Civil Procedure Rule 83.2 (1) (d), warrants of possession fall within the category of warrants which may require permission to be issued. The relevant procedure rule states that where an order is suspended on terms, most commonly in respect of payment of rent and a breach of those terms is alleged by the applicant, permission must be sought to enforce the order. This means that the applicant needs to make a separate application to the Court providing evidence of the breach which is being relied upon, before the Court can be satisfied that permission should be given to issue the warrant.

The requirement for permission to be sought before a warrant for possession is issued is seen as a safeguard for the tenant/ mortgagor and is an important stage in the process of getting possession of the property which should not be overlooked.

[Pat2010 1]

We have had lots to contend with and been unable to get online, sorry.

 

We now have a N24 General Form of Order, it was granted 6 weeks ago but we only had a copy delivered yesterday.

 

It says it came from our local courts but the delivery address is a completely different city many many miles away?

 

It just says leave was granted to enforce the possession order on 23rd June 2010.

 

No mortgage account number, just our names and Southern Pacific Mortgage Limited.

 

Since it is over 6 weeks since this was granted should we expect to receive paperwork with a date to leave by on it in the next few days?

We can not pay off the arrears,

 

 

we contacted Acenden last week via letter and this seems to be their reply.

 

Were merely ask for advice going forward now whilst we await social services and such for help with approaching the council to hopefully get some form of roof over our head.

 

 

We have read that we can not go to the housing department until we have a bailiffs letter with a date on

but apparently we shall recieve letters from Acenden or SPML prior to this with a date to leave by before they can ask the courts to make sure we leave by a date set by the courts?

 

 

Any idea of timescale please?

Everything seems to point toward 7 - 21 or so days from possession order being granted but they seem reluctant to tell us anything.

 

 

Tomorrow we shall be seeking advice from CAB to see if it is right that 6 weeks is usual for such a letter to arrive.

 

Many thanks.

[dx100uk 8,656]

its outside 6yrs surely they cant

 

 

you seriously should of gotten on top of the additional Buildings insurance and PPI issues and reclaimed the lot .

[Ell-enn 7,023]

They can enforce the order from 2010 if they have permission from the court, which they seem to have done.

 

Have you reduced the arrears since 2010 ?

[Pat2010 1]

They got permission 6 weeks ago, l just wondered why so long to send the letter out.

 

Yes, we cleared the original arrears or so we thought, but there were still charges and fees.

 

We have more arrears now higher, totally our fault but there was nothing we could do about it financially.

 

We have had a few arrangements in place which they kept adding charges too

and they said they had not accepted the arrangement which is why fees could still be added.

Unless we made a token payment of £7000 no arrangement would be accepted.

 

 

The 'agent' was horrified as he had made a huge note of us being on low benefits and having disabled children as well as me being ill also.

Couldn't get MIR as eldest daughter earns too much and couldn't/wouldn't pay the difference even when asked by the mortgage benefits team.

 

I am at a loss as if we stay here daughter wants to stay so l continue to lose most of our benefits plus any MIR l could be entitled to but if we leave she will find her own place.

 

l am trying to find out if anyone has any idea of how many days minimum we would likely have before we have to leave if we have not had any letters from Acenden yet giving the first date.

Many thanks.

[dx100uk 8,656]

you should have reclaimed everything years ago

 

 

you shouldn't have fees/charges/insurances/debt vistors fees appearing as ARREARS, they should be a totally separate account within the mortgage from the main capital/interest.

if the DEBT is all these fees etc

then that's not correct

 

 

being taken to court etc for arrears - that figure can only be the mortgage arrears not that of a sep account within the mortgage

 

 

have you ALLL the statements from day one thru to today?

 

 

dx

[Pat2010 1]

l have no paperwork to show what the actual amount of arrears is, l mean from the courts, but l have letters showing 2 separate accounts, payment arrears and other fees. l do have all statements.

Many thanks.

[dx100uk 8,656]

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

 

statint sheet

 

 

any fees whatsoever

[Pat2010 1]

Thank you,

only problem is we do not know what charges have been added recently as we get twice yearly statements.

 

Can l still reclaim everything even if we are not here anymore?

 

Also,

the property number they are going for no longer exists (and Acenden are aware of this)

what if the bailiffs can not deliver paperwork because they are looking for the wrong address,

would we be frowned upon for not letting them know or is it Acendens fault for being careless?

 

 

I refuse to believe that during the past 6 weeks Acenden have been doing nothing.

[dx100uk 8,656]

get an sar running then.

 

what do you mean by not here anymore ...sorry you lost me?

 

if the bailiff cant deliver it'll be referred back to the court I would assume?

[Pat2010 1]

Sorry DX l meant if we are no longer in the house, not sure how long we have as everyone we have approached for advice has told us it varies and depends on the Judge/Lender.

[dx100uk 8,656]

they can only take you to court for payment arrears

an how much is that?

[Ell-enn 7,023]

Do you want to stay in the house? if so are you able to make normal monthly payment plus something towards the arrears each month ?

[Pat2010 1]

Payment arrears are £7000.

We can only afford to stay in the house if eldest daughter gets her own place as we get over a third of our benefits stopped plus no claim for MIR as she earns too high a wage,

 

 

l feel leaving will be better for my other children even if we have an uncertain immediate future.

 

Many thanks.