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WA1306

Birmingham Midshires application for permission to renew a warrant of possession after 6 years

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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.

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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.

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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.

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Thanks for your supporting words.

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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

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

keep your powder dry!!


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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?

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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

 


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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.

 

 

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they will always say that to frighten people

which is why you NEVER use the phone!!

 

dx

 


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Hi,

 

Just to update the forum, I have been making all payments on time since January 2019. This includes contractual monthly payment plus £500 towards the arrears. 

 

As I have paid 6 months payments on time, can I ask BM to capitalise the arrears? Last week I received phone call from BM to discuss my account but i asked them to send me in writing. 

 

Can you guys please advice whether I should request BM to capitalise the arrears as currently mortgage is showing in arrears on my credit report file. I am looking to remortgage 12 months after all payments appear on time on credit report.

 

Thanks.

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Usually you can only do this on first mortgage arrears, and usually only if the value of your home is a lot more than the mortgage. The amount you owe in arrears is added to your total mortgage.(Capital) Obviously your monthly payments will go up and repayment of the arrears are therefore spread over the rest of the term of your mortgage.
 

BM may be more likely to agree to capitalise the arrears if you have already kept to a repayment agreement for some months....which you have...and BM will usually view capitalising the arrears as a last resort option.

 

Andy


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Thanks Andy. The loan on the property is about the 50% of the property value, so lot of equity. 

 

is there any harm in writing to BM to request capitalising the interest or you suggest to wait few more months? Can anyone help with the letter template?

 

Thanks.

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Well several months is quite  steady...no harm in requesting.

 

Check The LIbrary we may already have a template ?

 

Andy


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So they never did apply for eviction?


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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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Hi Ell-enn,

 

no they didn't apply for eviction.

They applied for extension to the reposession order that was granted in 2009.

They asked for the remaining term on the mortgage but court only granted 12 months starting from January 2019.

 

Since January this year I have been making regular payments.

They didn't agree on payments towards arrears but since i have made payments for last 6 months I want the arrears to be capitalised.

 

They in the past capitalised arrears.

Last time was about 3 or 4 years ago. 

 

I don't want to call them but email if you suggest no harm in trying.

 

Thanks.

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Hi,

I made all payments on time since January this year.

August payment was due on 27th August but due to delay in payments from my client I couldn't pay on 27th August. 

I made the late payment on 6th September.

So few days late.

 

Today I received letter from Birmingham midshire dated 2nd September.

This was before I made payment.

Letter says I missed the August payment and there are arrears so I need to contact them and bring account up to date to avoid repossession as they have repossession order.

 

Arrears are about £13k. I am not in position to clear these arrears but I can keep paying normal monthly payment. 

 

I already paid August payment but few days late.

I don't want to call them to get trapped by them over the phone. 

 

Please advise if I really need to contact them or just keep paying normal monthly payments although there are arrears.

 

I have been paying regularly now for 8 months.

Can I request them to add arrears to capital??

 

Please advise if I should contact them regarding the letter or just keep paying the monthly payments?

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you should never ring nor email

write using 2nd class mail.

 

typically once 6mts of required payments are made successfully most lender allow capitalisation.

 

did you ever SAR them

and see how much of this debt is unlawful penalty fees??

 


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Hi, thank you for your reply. 

 

I haven't asked for SAR but will request. 

 

I am going to write them and request to capitalize arrears. I am worried that because of late payment in August by 10 days they will refuse my request and demand full payment of arrears. 

 

Kind regards, 

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doubt it.

it was only a request to contact.

the issue is now resolved.


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

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