Halifax/Birmingham Midshires - repeated warrants/eviction/repo attempts **RESOLVED AGAIN**

[WA1306]

Hi,

 

Please see attached letrer from Birmingham midshire complaint team. Very confusing as I didn't register complaint about my payment offer. This letter is in response to the letter I sent them for arrears payment proposal but they have taken it as I registered complaint.

 

Letrer also asking me to speak with the eviction team so they can consider my proposal.

 

Can you please read attached letter and Advise what should I do next? I don't want them to go to the next enforcement step on the basis that I didn't contract them.

 

Many thanks.

complaint.pdf

[AndyOrch]

Ring the eviction team as advised and make your proposal...have all your figures to hand and I&E.

[WA1306]

I have very bad experience with discussing this over the phone. I have been advised by this board not to make any contact over the phone.

 

Ell-enn or dx100uk, Please advise.

 

Hi, Please advise whether I should call the eviction team to do income and expenditure over the phone? Is it possible this can be done by post?

 

Hi, I am getting worried now. As I haven't contacted the eviction team to do income and expenditure and agree on payment plan they might srart next stage any time.

 

Shall I give them call today and do this over the phone? Is there any template I can use to do on my own and send by post? Will it be easier to agree on phone?

 

I have done attached income and expenditure. I am planning to send this by post later tonight with proposal of 500 every month towards arrears.

 

Ell-enn, kindly review this and suggest if looks ok.

 

Thanks.

BUDGETCALCULATOR (1).pdf

[Ell-enn]

I would suggest using the affixed budget sheet - it calculates automatically and it's easier to see what's left over etc.

Budget Sheet.xls

[WA1306]

Thanks Ell-enn. Shall I give them call? I asked this my case worker at ombudsmen, he suggested it is acceptable for lender to speak over the phone for the income and expenditure.

[Ell-enn]

It might be an idea to send the budget sheet with a letter along the following lines:

 

Re Account No XXXXX

 

Dear Sirs,

 

Following your request for income and expenditure details please find affixed budget sheet which shows my ability to sustain the offer of £XXX per month towards the arrears on the account.

 

Your response to this offer will be reported to the court in defence of any enforcement action you may take as I believe I have complied with your request and made a reasonable and affordable offer of payment.

 

I trust this is sufficient for your purpose and look forward to your written acceptance of the offer of payment.

 

 

Make sure you keep a copy of the letter and send by special delivery - check it has been signed for and print off the receipt.

[WA1306]

Thank you. I ended up sending this by e-mail. I hope this shouldn't make much difference. If needed by post, Please advise and I will send hard copy by post.

 

Hi, not knowing it was Birmingham midshire, I took phone call from them just now.

 

It was from eviction team.

They said they are not accepting my offer towards the arrears and want full arrears to be paid before any legal action can be stopped.

 

They also said they have applied to the court for eviction date warrant. I will get letter hand delivered by bailiff with eviction date.

 

I asked to send me refusal of my offer in writing but they said they won't.

 

I am very worried now. Seems like matter is getting out of my hands.

 

Please advise what should be my next step to stop this.

I already paid 1500 plus 200 towards the arrears.

 

Please excuse my ignorance, will there be hearing in the court allowing me to attend and ask judge to consider my proposal?

Or they will get eviction date without hearing?

[dx100uk]

There is no eviction warrant

Should have simply said writing only and put the phone down.!!

They will say anything on the phone as they know you are suseptable to threats they would never put in writing..and of course you didn't record the call....

[WA1306]

I know I should have put the phone down but i got panicking about all this.

 

When you say there is no eviction warrant,

 

is it not true that court granted them permission to execute the suspended repossession order granted in 2009?

 

Can they now get the eviction date without court hearing?

 

If court hearing will I be able to defend?

 

I did go through the thread you asked me to.

Still not clear.

 

Shall I now wait for the bailiff with eviction date and then defend?

 

Can't I do anything at this stage?

 

I can't pay full arrears around 15000.

Edited February 8, 2019 by dx100uk
Spacing

[dx100uk]

No

No

Yes

No need

Already doing so

[WA1306]

They told me over the phone that you will know the eviction date from hand delivered letter by bailiff.

 

I don't want to go to that stage where they get the eviction date.

 

Is it possible to ask the court to set aside the judgment given on 23rd January?

[Ell-enn]

Hi, the court have given them permission to issue an eviction notice so the only thing you can do now is wait and see if they do issue a warrant for eviction. If they do, then you can apply to the court for a nearing to have it stopped. This is done on an N244 and we will help you with the application.

 

You can show the court copies of your letters of offers of payment and proof of what you have already paid. If you can show the court that you are able to make payments going forward it is very unlikely that they will allow the eviction.

[WA1306]

Thank you. They said over the phone that they will issue eviction warrant.

 

I hope you guys can help with n244.

 

If court decides against me after n244 and then some how I manage to clear the arrears then will I have that option or will it be too late then?

[dx100uk]

rarely will a judge rule against an n244, esp with the history you have of offers already made and the papertrail.

it is really best if you forget what you were told over the phone.

one of the main things you should have picked up from reading that thread is stop panicking about things.

never ever ring them or talk on the phone EVER.

they always lie to gain payment as they often get commission to their wages if they do.

if you must use the phone RECORD you call.

 

sit tight stop worrying.

[Ell-enn]

Lets not worry about what would happen if you lost the hearing - it's highly unlikely - I've been involved in many, many eviction defences over the last 10 years or so and the only ones that lost were the ones with no income to make payments (3 or 4 out of about 300 I think) . I will help you with the N244 appliction so lets just wait and see what they do.

[WA1306]

Thanks Ell-enn. I will be very grateful to you for helping me with N244. With 4 children I don't know what would happen if they get the possession.

[maggie60a]

Don't worry you'll be fine. I'm on eviction no. 8 and off to Court first thing Monday for the fifth time (three evictions were dropped).

Dreading it, but fingers crossed.

 

The Court sends out an eviction notice by post around 3 weeks prior and pops one through the letterbox 14 days before the eviction date.

I think they are giving you a load of old bull, just pressurising you.

 

As dx says try not to answer their calls and if they do catch you just say "can you wait a moment while I set up the record app on my phone."

I find this normally changes their attitude.

[WA1306]

I wish you all the best for Monday. Is this hearing after you defended with N244?

 

I am trying to not take stress but can't stop thinking. Wish I had taken advance from this board when problem started by talking to them on phone.

[maggie60a]

Yes, you always use the N244 to stop an eviction.

 

Just be realistic about you can really afford to otherwise you'll end up like me.

 

But don't get stressrd, I put my chances at 85%, you are definitely 100%, no way any judge will decline your application.

[WA1306]

Thanks for your supporting words.

[WA1306]

Hi, I was going through some threads on this forum and read about Ell-enn, you suggested someone that if lender don't reply to your arrears repayment offer you can write to court to decide.

 

I also read somewhere that lender must response to your offer in writing.

 

In my case, they haven't responded on writing.

Can I not ask the court at this stage?

I am very worried about going to the eviction stage.

 

Thanks

[dx100uk]

no that for IF they are brave enough to go that far later on

keep your powder dry!!

[WA1306]

Hi,

 

I have been making all monthly normal payments plus 500 towards arrears.

 

This morning I had missed call on my mobile from them with voicemail. The message was half recorded but starting and ending on alternatively if you want to call back in the meantime please call on number....

 

I take they are calling for arrears and possibly court action. 

 

I am scared to call back. What should I do? If it is eviction,  will they call or send letter?

[dx100uk]

doesn't happen by phone

stop panicking

never ever discus your debts over the phone

writing only put the phone down

block their numbers too.

 

dx

 

[WA1306]

Thanks, in last conversation back in early February the told they will go for eviction. I have been waiting to hear since then or letter from court.