Prestiege Finance - Arrears / Possession Issues

[Ell-enn]

The hearing is for them to explain why they want to use the previous suspended order, it's not an eviction hearing and possession will not be ordered at their hearing. The judge will listen to their reasons and decide whether they can use the old order or that they have to start new possession proceedings.

[Racheltigerpaws]

Ok - I am still a little confused - the original possession order was dated 15th March 2011 and so letter from their solicitor stated they were asking for permission to enforce the possession order due to the fact that it was over six years old.

 

Had a letter from the court dated 4th April 2017

 

1 in accordance with CPR 83.2.3(a) the Claimant has permission to enforce the possession order dated 15th March 2011 and be at liberty to issue a warrant of possession.

 

2 The possession order dated 15th March 2011 remains enforceable without the need for further leave or order of the Court for a period of 6 years from the date of this Order

 

3 The Order dated 21st March 2017 be set aside.

 

 

I then received a letter from their solicitor saying we have received our clients instructions to issue a warrant of possession . This means the Court will now allocate a date on which the bailiff will attend the property (letter dated 21st April 2017).

 

Then I have received this letter this letter saying that the application is listed for hearing.

[Ell-enn]

They will have realised that the original order is more than 6 years old and they cannot just use it straight away to seek possession, that is why they have applied to the court for permission.

[Racheltigerpaws]

Ok it just seemed to me from the first court letter that they had been granted permission to enforce possession and that the next step was an eviction notice - it also seemed that was what was happening when I received their solicitors letter of 21st April - i was confused as to why there would be a hearing - I was expecting a straight out eviction notice

[Ell-enn]

I don't know how to explain it any different to what I have already posted - if you are still unsure give the court office a ring, they will be able to tell you what's happening (the court office staff are usually very nice).

[Racheltigerpaws]

Sorry Ell-enn you are coming across clearly - I guess my confusion is coming from the fact that both the lender and the solicitor are intimating that eviction is imminent - from what you are saying they have to have permission as the original is over six years old and that is what the hearing is for - I assume this will be granted as although the amount of arrears is reducing I have missed payments and once granted then they will go for eviction.

 

I have been advised in the hearing letter that I should attend and I will but I sense that I won't have to say anything as I'm not really defending anything ? is that about right ?

[dx100uk]

did you get that sar sent off?

[Ell-enn]

You could submit a payment plan to the hearing and point out that the lender has waited a very long time to bring this back to court which is unnecessary.

[Racheltigerpaws]

Its a different lender from the original possession hearing and a different one from when they tried to evict in 2014 - loan keeps getting passed on - these have only had it since December 2015 - arrears stood at £2321 when they took it on and by time I go to court on 22nd May they will be at £1370

[dx100uk]

then nothing[previous court claims etc] is in their name and they can do stuff all?

 

are you being had here?

 

from a very old post..

 

Sorry no it was a consolidation loan taken out in 2009 with Ocean Money then transferred to Reliance and finally transferred to Prestige in December 2015 - one loan three different lenders have owned it

[Racheltigerpaws]

no they did apply to the court some time last year to transfer to them and their solicitor

[dx100uk]

nice of you to let us know...

 

 

now, did you get the sar running today?

[Racheltigerpaws]

Sorry I should have been clearer ....

[dx100uk]

have you got the sar running yet?

 

 

dx

[dx100uk]

and?

[Racheltigerpaws]

No not as yet

- I need to see what happens on Monday first

- their solicitor has said Mondays hearing is to consider their clients request for a warrant of possession - upon the outcome of the hearing an eviction date may be set

- I am so sorry but I can't think about anything else till I get the hearing over with

- its on my mind constantly

[dx100uk]

for more than a month now you been advised numerous times to get an sar running

that might have well provided useful information to blow the repo out the water.........

 

 

dx