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Prestiege Finance - Arrears / Possession Issues


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Just got back from an eviction hearing

- though I didn't ask for help

- I have read endless threads and derived a great deal of strength from this site.

 

I thought I'd briefly outline my story to give help and hope to others in my situation.

 

Long story short bad payment history

- secured loan in arrears of £2,400

- lender wanted repossession and would not agree to payment proposal.

 

I knew I had no option to but to submit N244 to save my home.

Filled it in and secured budget sheet and wrote a rather lengthy statement outlining my reasons for getting into arrears

and all the contact I had had with lender to try and remedy situation before court action.

Outlined my ability to afford payment proposal.

 

Submitted form on Monday 17/11/14 and actually felt relatively relaxed once the wheels were in motion.

Drew strength from the success stories and tried to keep positive...

.. until last night when naturally reality dawned,

stayed awake most of the night and petrified I would oversleep

and miss court scheduled for today at 10.25 am.

 

Incredibly nervous waiting to be called and turned up 20 mins early

- spoke with other side who was actually friendly but didn't give him any more information than was necessary.

 

When we got into room it wasn't at all scary and the Judge was very nice

- he told me not to worry and told me he just wanted to know how arrears had occurred

and could I maintain proposal I had offered

- I explained and said yes.

 

He clarified a few points, amount of arrears and time left on loan

 

In all honesty I think he had made up his mind even before I entered the room.

The other side tried to make a few points but the Judge wasn't interested in hearing his opinion.

 

The other side tried to suggest that as my situation was due to improve drastically in about 4 months

with unsecured credit ending that a review should be made with a possibility of increasing payments.

 

The Judge just ignored him and said eviction suspended.

 

Judge smiled at me and said don't worry eviction won't happen on Tuesday (25/11/14).

 

Phew !!! am relieved of course but never want to be in that situation again.

I know how close I have come to losing my home and every repayment will be on time !!!

 

Just wanted to say thanks to all on this site

- you are inspiring people to fight every day !!!!

and sometimes you don't even know you're doing it xx

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That's brilliant news! Well done :)

 

I'm glad you find the forum helpful, you obviously were well prepared and got a good judge. I sincerely hope everything goes well for you from now on.

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.

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  • 2 years later...

Hi

- have posted before in repossession success stories but am a little confused now.

 

Will try to be as brief as possible

had a suspended possession in 2011

lender re-commenced eviction proceedings in 2014 which again I got suspended -

 

the arrears at that time stood at £2418

have missed some payments along the way

and have been out of an agreement with lender for some time

 

- am being charged £35.00 pm for this

- the recently asked me for I and E which I provided and

 

i missed my 1st March payment

- prior to this I haven't missed a payment in 12 months but have been short of the full amount twice.

 

I received a letter on 13th March stating that while they will not refuse payments I have surplus funds and are unable to accept my proposals which would have been normal payment plus £100 towards arrears - arrears stand at £1570 at present .

 

On 15th March received notice from their solicitors and copy paperwork which led me to believe an eviction had been requested.

 

I foolishly wrote again to the lender asking them to delay proceedings as my daughter is doing her GCSE's soon

- recieved a response saying unable to do this eviction can only be stopped by full payment of arrears.

 

I don't have that kind of money

I thought I am quite confident of submitting my N244

- I've done it before and arrears are reducing,

i will just wait for eviction notice and go from there.

 

I have waited three weeks and no eviction letter

- then out of the blue a letter from the solicitor saying just to clarify no eviction proceedings are pending and that application was merely to enforce the possession order due to the fact that it is over 6 years old - upon receipt of the order the lender will again review the account.

 

How can the lender tell me eviction proceedings have started when that's not the case

- if i was more vulnerable I might have tried to raise the money sooner than was necessary.

 

I shall continue to pay normal payment plus £100 towards arrears

- April was paid in full and May is due on 1st May

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Woah woah woah... We need more info on this.

 

Who is the lender?

What this loan for?

Im guessing it is secured?

 

If this did go to court again for repossession ,

I suspect that you wouldnt actually need to worry.

You are clearing down payments and arrears etc which is viewed as being positive.

 

Tell us as much more info as pos and ill see if we can help.

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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get that sar running 1st thing Monday

time you hit back.

 

 

what/why did you consul in dec 2015

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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which smacks of lots of dodgy fees and unlawful additives upon transfers

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Have now received information from lender and solicitor that eviction proceedings will commence - according to the lender because arrears continue to rise even though last two months have been on time and arrears have reduced by £200.

 

I have no problem completing N244 when eviction papers arrive

 

my dilemma is in their letter of 13th March they stated eviction proceedings had begun when clearly they haven't commenced till now.

 

Do I make a complaint to FCA or do I complain to their solicitor ?

 

I don't want to give them too much ammunition that I could use in court.

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did you get that SAR done?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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To be honest I was waiting for them to make their next move - now they have I will get on to it asap.

 

I just can't believe they lied about repossession proceedings being started when they haven't until now and that they are saying arrears are increasing when they're reducing .

Surely telling me eviction proceedings were happening earlier than they were is against FCA guidelines (was looking at Conc 7.3.18).

 

There is 7 and a half years left to run on loan so based on Norgan I would need to pay round about £16.50 per month towards arrears to clear them within the life of the loan yet they refuse £100pm towards the arrears which would clear it in 15 months .

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could be worthy as it could provide damning info in the comms/account log

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

same as you did before N244.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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after another time

get the sar running too.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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it is a repo hearing

same as before

 

not a chance to complain..

 

if they've broken rules

you complain to who's rules they've broken

not the court

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Am really worried now

- was expecting a warrant for eviction which i could defend but have now received from the court a letter saying that the claimants application for permission to issue a warrant for possession of land be listed for hearing

- I know i will have to attend but how do i defend this ?

 

Am confused as to what is happening

- fully expected to receive eviction notice and to defend it but have received notice of hearing but with no forms to defend it .

 

 

Lender had to request permission to enforce as original possession order was over 6 years old but am now worried I won't have a chance to have my say and lender will be granted outright possession.

 

It is a secured loan with over seven years left to run

- arrears currently at £1470 with £100 off arrears due to be paid on 11th May and contractual monthly payment due by 1st June

- will be paid on 26th May

- hearing is set for 22nd May.

 

Any thoughts anyone ?

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