Jump to content


pinny24x7

TMB [part of the lloyds banking group] Eviction date 22/03/2017

style="text-align:center;"> Please note that this topic has not had any new posts for the last 961 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I need some advice. I have an eviction date for 22/03/2017 only notified of the date today.

 

I had a warrant of possesion suspended in 2010 due to mortgage arrears,

I paid a lump sum and agreed to pay a monthly amount towards the arrears.

 

 

I thought the arrears where paid off as I had a call in 2014 to state I have come off the arrangement and this is my new monthly payments.

 

 

The arrears were not paid instead they were capitalised.

I found this out today during a call with a TMB advisor.

 

 

I have since missed a few payments in the last few months and the bank have applied for an eviction which has been granted.

 

Did they need to apply to Court for permission to enforce a suspended possession order before applying for the warrant of possesion.

 

Also anyone know how the capitalisation may help me stop eviction as I believe this may have been in breach of the FSA. I am also sure they must have added late payment, field visit and solicitor fees onto the balance too.

 

TMB is part of the lloyds banking group who have had a judgement go against them not so long ago regarding capitalisation

 

Going to apply to stop the eviction and need help on this the TMB have not accepted my proposal to pay the arrears and have insisted on a lump some payment.

 

I will take time off work tomorrow to complete my application and ask the court for an emergency hearing.

 

Are there any firms who may take on my case, my confidence in non existent.

 

Sorry if this has been posted in the wrong place.

Share this post


Link to post
Share on other sites

I have been up all night reading various threads but don't know what to put in the n244 format in regards to my situation

 

Can any assist at all please.

 

I'm at a complete loss here

Share this post


Link to post
Share on other sites

To note: since the Appeal Court decision, Cardiff County Council v Lee (Flowers) (2016), they have to obtain the court's permission. Then there has to be a hearing because summary judgments in this sort of proceeding is probibited by the Civil Procedure Rule CPR 24.3 (2) (a) (i).

 

Also, giving you only two weeks notice sounds as if Lloyds have tried to use the High Court route.

 

 

But, to ‘transfer up’ a County Court possession order for enforcement in the High Court, permission of the court is required pursuant to CPR 83.13(8). And form N293A for transfer to the High Court for enforcement of a possession order of the County Court cannot be used other than for possession orders against trespassers.

 

http://blogs.lexisnexis.co.uk/dr/enforcement-possession-transferring-up-are/

 

Anyway, the most important thing is to lodge a N244 Application, mentioning that since the Appeal Court decision the lender has to obtain the court's permission to enforce a possession order.

 

This is not advice, just information that may be helpful. Go to Shelter, with this information, too, after you have lodged your N244 Application at the court (AND OBTAIN A RECEIPT).

 

Edited to add: keep your head, and good luck.

Share this post


Link to post
Share on other sites

Thank you for this. I have been attempting to get legal help but did not get anywhere with any of my local firms.

 

Just to add i have been on the phone today to clarify my options.

 

 

They say they will take a payment of £2700 as lump sum towards arrears of just over £6000 if i can pay before eviction date and an offer towards the arrears.

I cannot afford a lump sum at all.

 

 

I have proposed verbally on several occasions and Just to add I found out today it was an outright possession order granted in 2010. This is my 3rd eviction.

 

They also mentioned they applied for the courts permission and also to execute the warrant on the same day and we're both granted but I was not notified by the court or had an hearing

 

Not sure what to put on the n244 or what to include or not include in an i&e as I need to put my offer to them in writing

Share this post


Link to post
Share on other sites

Hi there, how much can you afford to pay towards the arrears each month in addition to your normal monthly payment?

How many years are left on the mortgage?

Are you working?

Have you any children living in the property?

What was the reason for missing the payments?

 

Sorry for all the questions but it will help me to help you if you can answer them as soon as possible.


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.

Share this post


Link to post
Share on other sites
Hi there, how much can you afford to pay towards the arrears each month in addition to your normal monthly payment?

How many years are left on the mortgage?

Are you working?

Have you any children living in the property?

What was the reason for missing the payments?

 

Sorry for all the questions but it will help me to help you if you can answer them as soon as possible.

 

Hi Ellis thanks for stopping by.

 

1. I can pay £120 towards the arrears in addition to normal payments.

2. 10 years left on mortgage

3. Full time employment with same employers since Aug 2015

3. 2 gorgeous children aged 8 and 12

4. Was suffering from depression and separation from Mrs. And also substance abuse. Have since reconciled with my wife and determined not to get evicted and have attended a couple off DAA sessions.

 

I know this is last chance really but cannot get evicted as that would reply be the end of my marriage and the end of me.

 

I have been on the phone to them throughout the day. Trying to get them to accept £120 towards thd arrears. I have set up a standing order for the normal and overpayments to take effect from same day as wages go in.

 

Is the N244 Application £155 I can't even afford this was £35 Last time I did this.

 

Thank you

Share this post


Link to post
Share on other sites

how much of this that was capitalised are unlawful arrears fees, debt management fees, penalty charges , letter/call fees etc etc

that are reclaimable and that would already had interest added and now again has been capitalised adding more to them...??


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Hi, I will draft a statement to go with Q.10 of the N224 form which you can then edit to suit - are you Ok with editing Word and Excel documents documents and do you have a printer?

 

You will also need to complete a budget sheet (affixed) it calculates as you fill it in - any questions about this let me know.

 

You should complete the N244 as follows:

1. Your names

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

Back shortly.....

Budget Sheet.xls


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.

Share this post


Link to post
Share on other sites

Affixed is the statement to go with the form. You need to enter the info where there are XXX's in the statement (remove the xxx's). You will get the information for the top part from the eviction notice. Read through the statement carefully to make sure it is correct and you have put you surname where there are XXX's . When you print it out make sure that your printer is set for A4 paper (not Letter size) so it all stays on one page.

 

 

You need to staple the statement and completed budget sheet to the N244 before handing in to court, but you will have to take 2 copies of it all beforehand. Take one copy to court and the other 2 copies to the hearing with you.

 

When you hand the N244 pack into court make sure you take the eviction notice with you. Also ask if there are any duty legal advisors at court on the day of your hearing - if there are you should get to the court early on the day and approach them and ask for their assistance. They can accompany you into the hearing and support your case.

 

Any questions just shout - I'll be back on line in the morning.

Pinny24x7 N244 statement.doc


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.

Share this post


Link to post
Share on other sites
how much of this that was capitalised are unlawful arrears fees, debt management fees, penalty charges , letter/call fees etc etc

that are reclaimable and that would already had interest added and now again has been capitalised adding more to them...??

 

I do not know, I asked for a list of these charges yesterday with the arrears dept and they have requested this but can take 7 to 10 days for the information to be provided in writing.

Share this post


Link to post
Share on other sites
Affixed is the statement to go with the form. You need to enter the info where there are XXX's in the statement (remove the xxx's). You will get the information for the top part from the eviction notice. Read through the statement carefully to make sure it is correct and you have put you surname where there are XXX's . When you print it out make sure that your printer is set for A4 paper (not Letter size) so it all stays on one page.

 

 

You need to staple the statement and completed budget sheet to the N244 before handing in to court, but you will have to take 2 copies of it all beforehand. Take one copy to court and the other 2 copies to the hearing with you.

 

When you hand the N244 pack into court make sure you take the eviction notice with you. Also ask if there are any duty legal advisors at court on the day of your hearing - if there are you should get to the court early on the day and approach them and ask for their assistance. They can accompany you into the hearing and support your case.

 

Any questions just shout - I'll be back on line in the morning.

 

Thank you so much for this. Will need to tweak it slightly as they are willing to accept a lump sum payment and a sustainable payment towards the arrears.

 

Does it cost £155 for the application

Share this post


Link to post
Share on other sites

Hi, My local court has just confirmed that the fee is £50.00 if you have an eviction warrant (make sure you take the warrant with you)


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.

Share this post


Link to post
Share on other sites
Hi, My local court has just confirmed that the fee is £50.00 if you have an eviction warrant (make sure you take the warrant with you)

 

Do I need to fill the statement of truth on the form itself or is that my witness statement

Share this post


Link to post
Share on other sites

Hi - in the statement of truth box you write - Please see affixed statement


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.

Share this post


Link to post
Share on other sites
I do not know, I asked for a list of these charges yesterday with the arrears dept and they have requested this but can take 7 to 10 days for the information to be provided in writing.

when this is over comeback and we'll sort things.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites
when this is over comeback and we'll sort things.

 

Yes will do.

 

Setting off now to submit my application to the court and get an emergency hearing.

Share this post


Link to post
Share on other sites

When is your hearing?


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.

Share this post


Link to post
Share on other sites

Just come out of the hearing Ell-enn.

 

The claimant solicitors were very persisant in proceeding with the evition but the judge was very sympathetic and granted a suspension.

 

I really appreciate your help with this, felt like a rabbit struck by headlights all dazed and confused.

 

I am going to SAR them as I don't think I have been treated fairly throughout the history of this account.

 

When I first got into trouble in 2010 I had agreed a lump sum payment to cancel the eviction and then when I got round to paying the agreed amount they changed the amount to a higher figure.

 

I am stuck on the same product since mortgage was taken out and because the TMB have ceased trading there are no alternative products for me to move to even though the interest rates have dropped to record low.

 

Precious arrears were capitalised without a clear explanation and various charges have been added to the account.

Share this post


Link to post
Share on other sites

well done!!

 

 

time to get reclaiming!!

I bet they owe you £1000's!!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites
well done!!

 

 

time to get reclaiming!!

I bet they owe you £1000's!!

 

Thank you DX.

 

Will send off SAR in next few days, not quiet sure what to look out for though

Share this post


Link to post
Share on other sites

http://www.consumeractiongroup.co.uk...lender-conduct

 

 

from my notes

 

 

Hi

.

Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator

for treating borrowers who were in arrears unfairly.

.

Claim those charges back plus the interest and tell them not to add any more to the account.

.

There are a few news stories here you can get the info for a letter to send to them.

.

http://news.bbc.co.uk/1/hi/business/8615870.stm

.

http://www.fsa.gov.uk/pubs/final/kensington.PDF

.

http://www.theguardian.com/money/201...mortgages-fine

.

http://www.moneymarketing.co.uk/news...005762.article

http://www.mortgageintroducer.com/mo...ge_refunds.htm


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Well done, you must be very relieved.

When you send the SAR make sure you do so by recorded delivery so they have to sign for it and you have proof they got it ( just in case they say they didn't get it). Also, make the £10 fee by postal order - on the back of the PO write your name and account number and then write "fee for statutory request only - not to be used as payment on account" take a photocopy of the front and back of the PO and keep safe with a copy of the SAR letter.


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.

Share this post


Link to post
Share on other sites
Well done, you must be very relieved.

When you send the SAR make sure you do so by recorded delivery so they have to sign for it and you have proof they got it ( just in case they say they didn't get it). Also, make the £10 fee by postal order - on the back of the PO write your name and account number and then write "fee for statutory request only - not to be used as payment on account" take a photocopy of the front and back of the PO and keep safe with a copy of the SAR letter.

 

Hi

 

Received a statement of account yesterday listing all transactions from account start to date.

 

There are several £35 arrears management fees added to the account and various solicitors costs. The solicitor costs in relation to the most recent eviction were £250 on a previous occasion/eviction I have been charged upto £1100 and was never told. What would be deemed as a reasonable amount for solicitors costs?

 

I am starting to think banks welcome litigation as they may profit somehow from kickbacks etc

 

Should I send in SAR still?

Share this post


Link to post
Share on other sites

Yes send the SAR to see what is on file. This is important, so you can go through it forensically.

 

Are they adding interest to all the various fees added ? They should not be.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

as they didnt get the eviction the sols fees shouldnt be there unless the court ordered them to be paid by you. You will be reclaiming that

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...