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

[dx100uk]

BMS just being nasty you should easy get this overturned

 

you say you've been paying £500PCM on top of CML for how many months now?

did you miss any

i'm wondering if they should now have offered to capitalise the arrears too? 

if you've paid +CML for more than 6mts in a row?

 

 

[WA1306]

I have been paying 500 plus cml since January 2019.

There was late payment in July 2019, this was late for about 10 days.

 

In October I only paid cml and nothing towards arrears but next month I paid 2000 towards arrears. 

 

This month, I paid cml plus 200 towards arrears. 

 

In January 2019 when BM applied court for permission arrears were of 1£7k now 12 months later they're about 9000.

 

I have asked BM several times to capitalize arrears but they refused. 

[dx100uk]

should be an easy walk over for you then this time and IMHO they should have offered capitalisation.

 

however as I bet 90% of the arrears are unlawful penalty fees for every letter/phone call/montly arrears fee, that can all be reclaimed by you (get an sar running) that's why they would do it, should the truth be known .

[Ell-enn]

Affixed is the letter to send to the lender.  You need to complete the details where there are XXX's (obviously delete the xxx's).  Make sure you have the correct address to send it to and send by Special Delivery so they get it next day and have to sign for it - if you can't afford the special delivery cost then send it by 1st class recorded - you need to be able to prove they received it, so keep the postal receipt safe with a copy of the letter.

WA1306.doc

[WA1306]

Hi Ell-enn, 

 

Thank you for the letter. Much appreciated.

Do you think there is any point sending letter to lender?

 

When I contacted them last time in November they refused to help and said they gave already applied in court for eviction date.

 

In the past whenever I wrote to t jhy e. They ignored my letters. 

 

Please suggest I'd I should apply to the court to challenge this?

I don't want to leave it till very late.

 

Please suggest as you are expert in dealing with such case.

[dx100uk]

what do you mean by contacted them..i bet by phone?/

yes ofcourse send that letter

 

dx

 

[WA1306]

Ok, I will send the letter. 

 

I did call them on phone in November when I started receiving letters in the post addressed to all occupants that they are applying for eviction date. I called them and they said their solicitors have applied in court for eviction date. 

[Ell-enn]

Definitely send the letter - when you go to court you will be able to show the judge a copy of the letter proving that you have tried to get them to negotiate with you - if they don't reply to your letter it will look very bad for them.

[Ell-enn]

OK, lets get on with your application to the court for a hearing to get the eviction cancelled.  

 

You should print off this N244 form https://www.consumeractiongroup.co.uk/applications/core/interface/file/attachment.php?id=18017

 

Instructions for completing it are as follows:

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

 

I will draft a statement for No 10 of the form  and post on here shortly so you can review - I'm assuming that the mortgage is in joint names?

 

[Ell-enn]

Just a thought - are you sure that the letter you have received is an eviction notice?   Given that BM were granted a further 12 months last January and this will have run out - is it not possible that the letter is advising you that they are re-applying for a further extension ?

 

Can you scan the letter up so we can see it please

[WA1306]

Yes, definitely eviction notice. I am attaching copy of the letter.

 

Mortgage is in joint  names with my sister. 

 

 

eviction letter.pdf

[Ell-enn]

OK, understood - we need to get the N244 done asap   You will need to take the application to the court and hand it in - you will also need to pay a fee  (I'll need to check what that is as I think they may have changed recently ) - they should be able to give you a date for the hearing while you're there.

 

I'll get on with the statement - you need to print off and complete the N244 - are you able to print and make copies of documents ok?

 

How much do you want to commit to paying towards the arrears each month?  - it needs to be an amount you can easily maintain - if you keep missing payments they will keep issuing eviction warrants, so set something you know you won't miss

 

Affixed is a budget sheet you will need to submit with your application - it calculates automatically as you fill it in - make sure you account for everything and don't leave too much over or you'll be expected to pay more towards arrears.   Let me know when you've done it - any questions about filling it in just shout up

Budget Sheet - Blank.xlsx

[WA1306]

Thanks Ell-enn.  Please send me the statement for N244 so I can complete the form and print copies. 

 

Since January last year I was paying 500 every month but moving forward I offer to pay 200 every month towards arrears. 

 

Do you think if I offer 100 it will make my case any weaker?

 

Do.i need to submit the N244 to the same court I received the eviction notice from?

 

Also, should I wait for response from BM to the letter I am sending tomorrow or can I submit N244 tomorrow afternoon?

[Will Goodfellow]

13 minutes ago, WA1306 said:

Do you think if I offer 100 it will make my case any weaker?

 

What you can offer depends on what your budget reflects. If you haven't produced a full budget, you can do so here:

 

https://tools.nationaldebtline.org/yourbudget/

 

As long as your expenditure is reasonable and all you can offer is £100 per month, offer that.

 

What does the possession order state, does it state the arrears are to be paid forthwith or is there an instalment plan?

 

If the order states forthwith, the N244 is an application to vary the terms of the order. You should offer to pay the ongoing monthly amount plus the £100 each month (or other affordable amount) towards arrears.  If you aren't eligible for fee remission, there is a £50 application fee to submit the N244. If the application is successful, you will then have a suspended possession order on the agreed terms. It essential that you meet those terms or apply to vary again if they become unaffordable.

Edited February 3, 2020 by Will Goodfellow

[Ell-enn]

I would submit the N244 as soon as possible - you should take it to the court named on the eviction notice.

Do the budget sheet and see what you have spare to pay towards the arrears each month then let me know so I can put it in the statement

8 minutes ago, Will Goodfellow said:

 

 

[WA1306]

When the initial repossession order was granted back in 2009, the term was to pay ongoing monthly payment plus 100 towards arrears every month. 

 

Since 2009 at some point arrears were capitalized and there were no arrears,  I was just paying normal monthly payment. 

 

When in arrears again,  BM applied to court to enforce the suspended representation order.

 

Does this mean the original term to pay 100 towards the arrears becomes applicable?

 

I can easily pay £200 towards the arrears going forward. Don't want to commit to 500 in case I struggle. Ofcourse if I can I will pay more every month to get out of arrears as soon as possible. 

 

I really need to defend this successfully as it will be very difficult situation to be homeless with 4 kids age from 3 to 7.

 

My worry is that I didn't miss any mortgage payment in last 13 months, still BM taking me to the court despite regular monthly payments as well as something every month towards arrears. 

[Ell-enn]

If you can pay £200 per month towards the arrears it will take around 4 years to pay off the £9k arrears and in line with the Norgan case law that should be acceptable to the court.  I'll affix the statement soon - have you done the N244 form and budget sheet ?

[Ell-enn]

Affixed is the statement for court. You need to fill in the info where there are XXX's at the top (remove the XXX;s) the info you need will be on the court forms you have received. Read through it carefully to make sure everything is OK. When you print it out, your printer needs to be set for A4 paper (not Letter size)

Now assemble as follows:

 

N244 form, completed and signed

Statement – signed

Copy of letter sent to BM today
Budget Sheet
 

Make sure it is stapled securely together. You will need to take a photocopy of it all for yourself so you have a set to refer to in the hearing. When you hand it in to the court there will be a fee to pay - make sure you take the eviction warrant with you so you get the reduced fee.

Ask the court staff if there will be any free legal advisors on duty on the day of your hearing – they can go into the hearing with you and support your case.

WA1306 Statement for N244.doc

[WA1306]

Many thanks Ell-enn. I really appreciate your help. 

 

I didn't get chance to complete the budget sheet and N244 yet due to wife being away I was babysitting children. 

 

Will complete everything tonight  will take afternoon off from work tomorrow to go to the court in the afternoon. 

 

Hopefully they can give me the hearing date before the eviction date. 

 

If judge accepts any request will that give lender another suspended repossession order? As the permission to execute current order expired in January. 

[Ell-enn]

If the judge accepts your offer and cancels the eviction it's probable that he will reinstate the suspended order as there will have to be some terms in place in case you default on the payments again.  Don't forget to make a copy of everything you take to the court so you have it to refer to in the hearing.  Also check if there are any duty legal advisers at court on the day of your hearing.

Any questions just shout up

[WA1306]

Hi,

 

How I complete the statement of truth section?

 

Do I need to take this form to some solicitor?

 

Can my wife not named as defendant and not on mortgage sign this?

[Ell-enn]

You don't take the form to a solicitor - you complete and sign the form as per the instructions I gave you in a previous post (144)

 

Your wife cannot sign the form as she is not a party to the mortgage - you have to sign and attend the hearing.  Why would you want your wife to sign ?

[WA1306]

Sorry, I was confused with the witness section. Just came back from the court,  they said submission of N244 is by appointment only. 

 

They have given me appointment for Thursday morning this week. 

[dx100uk]

that's good

 

[Ell-enn]

I've heard of some courts having an appointment system for submission of forms.  Good that they can see you on Thursday and you should get the date for the hearing then.