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flower2

Acenden Solicitors want hearing adjournment

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Hi Ellen

 

Thinking back re April, it was probaly because the van failed it's Mot & required £674 spending on it wiithout the van we had very little income as both my husband & myself are self employed.

 

The extra paid in May I don't have on my bank statements, just on the acenden statement

 

No children

 

Yep, still paying the £50 extra per month.

 

I am very gratefully of your help & if you require any other info just let me know.

Edited by flower2

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Affixed is the statement for Q.10 of the form. You need to fill in the info where there are XXX's at the top and also in the statement itself (remove the XXX;s) 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) so it all stays on one page.

 

On the copy of the letter you sent to them – write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on the budget sheet except it will be Appendix 2.

 

Now assemble as follows:

N244 - signed

Statement - signed

Copy Letter - Appendix 1

Budget sheet – Appendix 2

 

 

This forms the pack to take to court. Make sure it is stapled securely together. You will need to take a photocopy of it all for yourselves so you have a set to refer to in the hearing. When you take it to the court you will need to pay a fee of £40.00 and it will need to be in cash. The court staff should be able to give you a date for the hearing while you are there. Ask the court staff if there will be any free legal advisors on duty on the day of your hearing.

 

Instructions for completing the rest of the form:

 

1.Names

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.

Flower2 N244 Statement.doc


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Hi Ellen, thank you very much, just a couple of questions

 

In the statement you say

  • We are still confident that we can maintain payments of £100 towards the arrears in addition to the normal monthly payment. Please see affixed income and expenditure statement – Appendix 2

Are you saying we should offer an extra £50 per month, my thoughts of this are if the mortgage rate increases we may struggle.

Also '

provide a stable home for our children - we don't have any dependant children

 

 

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Sorry I misunderstood how much you were offering towards the arrears - have amended the statement and re-affixed to this post

Flower2 N244 Statement.doc


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Hi Everyone

 

Here is an update. Sorry for the dalay it has taken me nearly a week to get over it.

 

Went to court last week. Not evicted as yet, but very worried.

 

The 15min hearing turned into being at court for two & a half hours.

 

The payments Acenden had did not agree with mine & after a 15min hearing the judge told us to go away & Basically thrash it out, we still could not, so the judge ordered an adjourment for 28days.

 

They have no record of a cheque paid, so I now need to obtain that cheque from the bank.

 

The judge ordered them to serve a witness statement & said that shouldn't take long, but I am still waiting.

 

The judge didn't seem interested in my claim with the FOS.

 

When mentioned about the fees of £115 the judge just raised his eyebrows.

 

The mention of having to pay for repairs to the van the judge said 'it looks like you can not afford this mortgage'.

 

I also asked about change of payment date, but was told I need to write to Acenden to request.

 

All in all not want I wanted to hear, but still hanging on.

Edited by flower2

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Quick update. Next time at court in a couple of weeks.

 

Not had a reply to my letter sent to Acenden signed for & received by them 22nd June. It is now over 8wks please does anyone have any suggestions where I go from here.

 

Also received a letter from Acendens solicitors saying I have not complied with the court hearing & sent them a copy or letter from bank re cheque. I have put this in at the court the court did not metion I had to forward to them, have I got this wrong?

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Did the bank confirm the cheque was paid ?


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Hi Ellen, Yeah, put the letter into the court, didn't know I had to send a copy to Acendens solicitors.

 

Do you have any suggestions as to what to do about Acenden not reply to my complaint.

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Did you keep a copy of the letter for yourself? If you have not received an answer to your complaint you should go to the FOS.


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Yes I did keep a copy.

 

The complaint is already with the FOS due to Acenden not paying the amount awarded by the FOS back in 2010, they already have a copy of the letter I sent to Acenden.

 

I will get onto the Adjudicator on Monday, not that it seems to do any good. Seems ludicrious that Southern Pacific who it was when I put my complaint in can get away with this.

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Hi Ellen, just a quick question.

 

I had my hearing 15th July which was adjourned until next week. I have received a witness statement from Acenden & they have charged me £509.50 solicitors costs on the 2nd August.

Do I have to pay their costs just because I have challenged them in court :?:

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You need to mention this to the judge at the hearing next week and ask him why they have charged their legal costs to you, if he did not allow it in his order.


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Hi Ellen

 

Been back to court. adjourned again. Not sure if that is good or bad, I think good.

 

The figures they produced did not add up correctly & Southern pacific's representative agreed. The judge immediately challenged the charges but before it got any further SPM 's rep asked for an ajournment so the figures can be looked at.

 

The court ordered that it be adjourned until end of Nov & that I serve & file my own schedule of payments since 2006, my choice to go back to then as I believe the first suspended order figures to be wrong.

 

The judge seem to think I needed a solicitor, do I? I can't really afford one.

 

Any help or advise would be greatly appreciated.

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Hi anyone been in a similar situtation. I would really like some feedback.

 

I am setting my payments out in a spread sheet.

Date Payment Due, Ammount Due, Date of payment, Amount Paid, Via what method i.e. D/D, internet, Charges, What the charge is for.

 

Also from Nov 2010 the statement is set out different. I have an interest only mortgae at the mo & It states installment due, which I thought included the interest, yet they have also charged me interest which is more than the amount due. Please can anyone enlighten me cos I don't seem to be able to see the wood for the trees at the mo. HELP

 

Any thoughts would be great.

Edited by flower2

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As you can show the judge that you have kept your payments as per the original SPO you should be fine.

 

Can you scan in the statement? Dont forget to black out personal details and a/c no.s etc


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Hi Martin 2006

 

I assume it is the one I am struggling to get my head round you want to see.

 

http://i790.photobucket.com/albums/yy187/dmb17/AcendenStat.jpg

 

I see you have a spml reluctantly withdrawn, can you enlighten me.

 

It is the Judge that seems to want to know more about the charges, he did start to ask questions but SPML asked for a adjournment as their figures didn' t add up correctly.

Edited by flower2

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it doesnt make sense, how can your mortgage payment be set lower than the actual interest they are charging, your balance can only ever increase.

 

The SPML case i withdrew was regarding the early repayment charge on my mortgage, when it became apparent that these cases were failing i had to withdraw, they were my mortgagee at the time, thankfully i have now remortgaged with a different firm who get slated on here but to be honest i've always found them helpful.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Thanks Martin2006

 

That's my thoughts, I thought it was me going round the bend.

 

I have to get my statement back to the court before the end of this week. Looks like I have another column to add to my spread sheet. Trying to set it out as easy as possible for the judge to see what is going on with these robbers.

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I have to admit that i never had that issue with them, mine was ever increasing interest rates, literally every month, the rate went up.


PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Hi Everyone

 

The court ordered that I file & serve my own schedule of payments, which I have done on a spread sheet, including

a) what should have been paid

b) What has been paid

c) amount of charges

 

Well finally finished my spread sheets, been hard work but I am really pleased my calculations show my arrears(all unpaid mortgage payments) to be £1270.41 which is a big difference to the recent statement of £5071.78, just hope the Judge sees how they operate.

 

 

Ellen I know this is short notice but can you please have a look at the statement I have done and make sure it is ok, I need to submitt tomorrow.

 

http://i790.photobucket.com/albums/yy187/dmb17/stat2.jpg

 

Many Thanks for everyones help & support. Finger's crossed now.

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Looks fine to me - except you might change the first line to read "as requested by the court....

Also label your appendices just 1,2 & 3 (instead of 1a, 2a, 3a as this may make the court think there are several different documents relating to each appendix number).

 

Well done for seeing this through and standing up to them - I'm sure the judge will recognise your efforts :)


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Hi Ellen

 

Thanks for your quick response.

 

Why I labeled them 1a, 2a & 3a was because on my first statement they were labeled 1 & 2 & I thought that might confuse them, would I be better labeling them 3, 4 & 5

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No, they will still be 1, 2 and 3 as they are attached to this statement.


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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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Do these muppets ever stop?

 

Put my statement & schedule of payments in to the court. The following day I received from Acenden a letter saying the insurance documents I provide to them are not adequate !!!!!!!!! wish I had done a few days early I would have added to my statement.

 

They require a copy of the policy as set out below:

  • The new policy should be arranged with an insurance company regulated by the FSA
  • The policy schedule must note the Interest of SPML & Eurosail 2006-3 (Firsts) as your mortgagee
  • The policy must show the period of insurance
  • The level of cover must be at least equivalent to the current value for reinstatement and be index linked.

The policy document is a 55 page booklet, wish I could find a PDF to send & leave them th download the whole booklet.

 

I sent them a copy of the Home Insurance Schedule from Agean which states the policy no, the amount of cover & Southern Pacific Mortgages Ltd as the finacail institution with an interest in the property.

 

WHAT MORE DO THEY WANT - BLOOD

 

Anyone else had problems with them & insurance?

 

Oh and regards Eurosail 2006-3.

 

The court possesion claim is between myself & Southern Pacific Mortgages Limited.

 

Therefore my mortgage and insurance is with SPML nothing to do with Eurosail 2006-3.

 

Anyone else got any thoughts, I am really on a mission today.

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Received a response to my statement, very curious it says our clients: Rooftop Mortgages Limited }}} Southern Pacifice Mortgages Limited.

 

Can anyone enlighten me, have SPML been taken over?

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