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

[WA1306]

Just an update,  I came to the court at booked appointment. Court office checked the paperwork and asked £50 fee to be paid.  I paid the fee. Was told to wait outside while papers being processed for the hearing date. 

 

Just received update from the office that my application is to be reviewed by judge who will make decision on hearing.

 

I didn't know that the judge will review the case before hearing while I am waiting for the date.

 

Worried what if he decides my case is weaker and no need for hearing?

 

Is this normal procedure for the hearing date?

[AndyOrch]

Yes its standard procedure.....they have to weed out the time wasters that can not offer any payment proposals.

[WA1306]

Thank you. Got the date of 18th February. Hope they decide in my favour. 

[Ell-enn]

Stay positive - if you can make payments to the arrears each month then you should be OK.  Post back on here before the hearing and we can go through the process or see if anything else needs to be done.

[WA1306]

Thank you Ell-enn. 

 

They are using suspended repossession order that was granted 10 years ago since then mortgage arrears were zero until recently. 

 

They asked for permission to execute that order in January last year.

Did nothing about that unil 11 months later while the permission was about to expire. 

 

It makes sense if I had missed any m and mortgage payment during this time or not paid anything to reduce arrears. 

 

They want to keep that repossession order sword hanging on me forever. 

 

I am trying to pay arrears as soon as I can

if I stay in the house and get remortgage somewhere e not se in a year or 2 years after being arrears free.

 

They were most difficult lender and very unprofessional.

They always made mistakes when I complained,  it was upheld and asked me to take 200 or 100 compensation but never improved their service. 

 

Main reason for me being in arrears is because the way they handled my account.

I always ended up on phone calls with them for hours at a time and being winded up by them.

 

Just missed phone call from Birmingham midshire, left voice message that I need to call them back.

 

This must be in response to the letter I sent them this week. 

 

I know I have been told not to call but what should I do in this case. 

 

Don't really want another long session on the phone while the hearing date is confirmed but if I don't call back they will say in court that they contacted but I didn't respond. 

[dx100uk]

pers I would never speak to them on the phone!

 

 

[Ell-enn]

Actually I don't see any harm in calling them back, after all you have the upper hand at the moment with a court hearing date when their behaviour will be scrutinised by a judge.  I suspect they have been emailed a copy of your N244 by the court and are now thinking it's not such a good idea to have served you with an eviction notice as you are not taking it lying down.

 

At the end of the day you don't need to get into a long conversation with them,  just find out what they want and if they are being awkward just say you will wait for a judge to decide in your favour and end the conversation   We can then do a further statement to take to the hearing stating what they have responded.

[WA1306]

Thanks to both of you. After experiencing their behaviour so far I don't think their call was regarding court action.  They must be calling to say they have acted reasonably and I need to pay full arrears. 

 

I understand dx100uk is suggesting not to call and I also don't want to take the stress of dealing with them but I will call them tomorrow morning so they can't say in the court they contacted but I didn't respond. 

[WA1306]

I couldn't call them until this afternoon after 2and missed call from them.

 

It was usual nonsense,  all th hey wanted to know was that eviction date is on 26th at 10AM. Whether there are any changes in my circumstances. 

 

I mentioned t hgg at I am defending in the court and that o was waiting to hear back from the letter I sent. They said they stil want full arrears to be paid. 

 

I asked can I have arrears statement before the hearing? I thought to take it with me to the court to show the judge. They said this would take 7 to 10 working days so not before hearing. 

[WA1306]

I have the court hearing tomorrow morning. Very nervous and worried. 

 

Will update you guys with the outcome. 

[Ell-enn]

Get to the court as early as you can and see if there are any duty legals in attendance.  If there are then you should approach them and ask for their assistance - they can accompany you into the hearing and support your case.

[WA1306]

Thanks. I will be there well before the time.

 

Do you think it's ok to mention to the judge how they have been behaving in the past and reason for arrears is mainly how they dealt with my account. 

[dx100uk]

if you get the chance but these hearing tend to be quick.

 

just remember, no little chats with anyone from BMS before you go in

they WILL try and unsettle and unnerve you to throw you off concentrating on exposing them and winning 

smile..walk away.

 

dx

 

[WA1306]

Ok, thanks 

[WA1306]

I had hearing for eviction defence this more at 10am. I was in the court 9.30.

 

Had consultation with on duty adviser. He asked me questions on my occupation, income, dependents, level and reason for arrears as well as how many years left on mortgage. He was like why you stopped paying judge will question and all that. Then applying the law he calculated £85 per month towards the arrears based on term left on mortgage.  I already offered £200 on top of CML.

 

He asked me to wait outside while he discussed my proposal with claimant. And came back saying claimant has accepted my offer and will not oppose in court room.

 

Was called in the room bu judge. Legal duty adviser told Judge that claimant has accepted the offer but judge still asked balance on the mortgage, and remaining years so that offer satisfies the way case.

 

In the end eviction has been suspended bases on I pay CML plus £200 every month towards arrears. 

 

I believe I will receive paperwork regarding this later in the post?

 

Thank you Ell-enn and dx100uk for all your help and letters etc. Really appreciated. 

 

Just another question,  I will try not to break the terms set in the order but in case if I do, will this mean lender can evict me by bailiffs without permission from court or any warning?

 

the banks must show forbearance toward you 

 

 

time to investigate reclaiming all the unlawful fees too?

 

dx

 

 

[AndyOrch]

Basically......yes you are at last chance saloon now.....if for whatever reason you hit a problem.....contact your lender first and inform them...long term if your struggling to keep to the arrangement you can make a further application to review it through court.

 

Andy

[Ell-enn]

Glad to hear you had a successful outcome,  but as Andyorch says , you must contact the lender if you feel you have a problem looming - don't miss a payment then contact them - you need to contact before you even think about not making payment.  If you don't adhere to the suspended order you will find yourself back in court defending eviction again and you may not be so lucky next time.

 

Hope all goes well for you from now on

[dx100uk]

nice to see a good duty advisor taking the heat off people

the one where I am is just astounding to the length he goes to naildown the lenders and put them in their place before a hearing.

 

well done WA1306.

now start stripping down where your othe rmoney goes too, to be able to keep this up.

mobiles, sky, Netflix, DCA paid debts... etc ...dump'em so you can afford the roof over your head.

[WA1306]

Hi Guys  just to let you know I spoke with Birmingham Midshire to request capitalization of arrears and they have agreed.

 

Also, couple of days after court hearing to defend eviction,  I received letter from Birmingham Midshire that they have cancelled the eviction. 

 

Where do I stand now in current uncertain financial circumstances affecting everyone, 8f I miss mortgage payment due to loss of job?

[WA1306]

I have been sent court summons for repossession hearing.

My mortgage is with Birmingham Midshires, residential mortgage.

 

on 28th  October 2022, arrears were around £12k but since I have paid some and arrears now are £7500. I will be making another payment of £3000 on Friday this week and then will request lender to capitalise remaining £4500 to remaining mortgage balance. 

 

My question is,

if they don't accept my proposal which is most likely they won't,  what are chances of me successfully defending repossession?

 

What if I somehow pay all arrears couple of days before repossession hearing?

Will I still need to attend court hearing if all arrears paid?

 

Also, I am on interest only mortgage with monthly payment of £2100 per month on around £360,000 loan. As you can see from monthly interest only payment,  the interest rate is too high.

 

I took out this mortgage in 2009. Birmingham Midshires now don't offer any residential mortgage so can't offer me another product on low interest rate. 

 

I can't get mortgage from any other lenders due to passed missed payments and arrears. 

 

Can I ask court during repossession hearing to order lender to lower the interest rate so I don't miss any future payments and be able to move my mortgage to another lender after few months?

 

Hope someone can help me with what and how should I prepare for the court hearing to stop the repossession or even suspended repossession order.

 

Many thanks. 

 

[dx100uk]

what has this got to do with halifax?

 

 

Birmingham Midshires application for permission to renew a warrant of possession after 6 years - Home Repossessions - Consumer Action Group

 

is your old thread

 

[WA1306]

 

Birmingham midshires is under bank of Scotland and Halifax is part of bank of Scotland.  Court letter says claimant is Halifax. 

 

Last year I received letter from Birmingham Midshires saying they incorrectly calculated interest rate I'm previous year and around £9000 is due for refund but it will be paid in my mortgage account to reduce loan amount not arrears. 

 

Can I use this point to present my case that if not had incorrectly calculated,  I wouldn't be in arrears now as I was paying more than what I should have been. 

 

Also refund should have cleared the arrears? Hence request court to order lender to lower the interest rate so after regular payments I can move mortgage. 

[dx100uk]

thread merged.

 

calling @Ell-enn to pop in to advise you.

 

 

dx

 

[Ell-enn]

The court can't order the lender to change the interest rate, they can only decide on legal issues - if you are able to pay a lump sum before the hearing you would still have to attend to show the judge the proof of payment.

 

What date is the hearing ?

[WA1306]

Many thanks for replying. Hearing is on 6th February. 

 

Do I need to response to the letter from court before hearing date?

Edited January 12, 2023 by WA1306