Britannia Repossession / Eviction - Help & Advice Needed with N244***Suspended***

[AndyOrch]

Great result...what would we do without Ell-enn.

 

Thread title updated.

 

Andy

[honeybee13]

Well done for keeping it together, Cadbury and very well done Ell-enn.

 

HB

[Cadbury10]

48 minutes ago, Ell-enn said:

Thank goodness you got the suspension, well done for seeing it through    - what were the terms of the suspension?   was it that you pay the monthly mortgage plus the amount you offered towards the arrears ?

You will have to make sure you never, ever miss a monthly payment or they will immediately issue another eviction order and you will be in the same position again.

 

Don't worry about the bailiffs the court staff will inform them of the suspension.

 

 

 

 

I could never thank you enough Ell-enn - And would never have been able to get through this without your help, support & guidance... Thank you so so much!

 

I found it all quite traumatic and distressing today - I managed to make myself look somewhat presentable for court and tried to stay as positive as I could, but had a pretty bad panic attack and broke down crying on the way to court, which melted my make-up and I felt very dizzy and unwell. The security staff were helpful and a lady appeared at desk in waiting room (usher I think) and told me that the rep for other side had been there all day, but had popped out for lunch. She said when he gets back he may want to talk to me. I felt like I was going to projectile vomit all over the waiting room. My head started pounding with a severe headache and I was worried I might pass out. He waltzed into the waiting room and stood towering over me at over 6 foot, but only looked about 12 years old.... Very cocky and stood too closely in my personal space. He told me to follow him into a private room for conference and I refused and told him I would prefer for the judge to decide. 

 

Shortly after we were called into the judge. I don't recall his name but I don't think it was the same judge who issued the original possession order and he looked a little bit like Judge Rinder. I broke down crying again soon after sitting down and had to apologise to the judge, who seemed sympathetic. I felt so unwell, embarrassed and humiliated. I then had a panic attack during the hearing and was struggling to breathe - I must have looked such a state. 

 

The judge asked what date the eviction was due to happen (Monday) and then asked me if I had any offers on the house yet and spoke to me briefly, but I could barely speak due to crying. He asked me about my expected return to work and I said I had suffered a nervous breakdown and wanted to be able to get back to work as soon as possible, that my GP had singed me off sick until mid-August and that I was currently on several medications which also affect my ability to work. He asked me if I wanted to say anything else and there was so much I felt I could have put across better, but just didn't feel able to and couldn't think clearly, so said no.

 

The judge said to the rep for Britannia that he felt concerned about this, but not sure exactly what he meant by that and then the other side stated they had clear instructions to take possession, that I had only paid them £10 and disagreed with my proposal to sell the property myself. The judge asked him if my offer of £50 towards arrears fell in line with Norgan case and the other side said yes. The rep stated that whatever it is I do for a living, my proposals could not be taken into account, as I had no proof or indication of my current income/expenditure.

 

The judge then came back to me and said he wouldn't be able to agree to more time for property to sell, but would have been able to do more if I had an offer in place / sale agreed. He asked me about my work and for a clearer indication of when I would be able to resume payments / pay a monthly amount towards the arrears. I said that I also had a spinal injury & had had surgery on my spine a few years ago and it was due to complications from that that I had initially been unable to work & fell into arrears and then went on to say that it was Britannias' actions that had caused my breakdown and he did snap at me a bit then and told me he didn't want to hear what Britannia had done, so I apologised. He asked me again when I thought I would be able to resume payments and I asked if September would be ok. I was shaking and having a pretty bad panic attack at that point. 

 

The rep from other side then jumped in and said she needs to pay us straight away, and the judge then stated that he would make an order for me to make repayments from August and suspend the order on those terms. He said if I fell into difficulties again we would be back here again and said that they may be able to help me again if that happened. He asked if that was ok for me and I felt pressured to agree as I didn't feel able to do any other.... I am now now worried about my ability to do this, but obviously relieved at the same time. I think the rep for the other side was a bit p**sed off... He was quite ignorant and I feel traumatised...I feel sorry for the judge having to see me in state like that.

 

As soon as we had left the room the rep came right up behind me calling my name and told me he needed my updated phone number so that he could contact me. He looked a little bit psychopathic at that point and I told him I didn't want to speak to him and walked off.... I was so dazed I went in the wrong direction when I left the court building and it wasn't until I looked in mirror later that I realised I had tissue paper stuck all over my face from where I had been drying my tears... I HATE Britannia for making me go through that, especially under such poor health.... Which they have caused me!

 

Thank you again so much for all of your kind wishes and assistance - Especially Ell-enn, as without your help I would be facing Bailiff eviction next week - And still won't sleep until that time has passed.... xx 

 

 

 

 

[Ell-enn]

At least you got it over with.  Just wait for the court order to come so we can see what the judge has put,  but you will have to start making payments in line with his order from whatever date is on it.

 

 

[Cadbury10]

Thank you Ell-enn.

 

I told the judge my mortgage repayments were due on 30th of every month and I think he said he was making order subject to my payments from August... Does that mean I would have to make payments starting on 30th August?... xx

Edited July 18, 2019 by Cadbury10

[Cadbury10]

Nothing received from court yet about the eviction suspension but received a letter from Dryden Fairfax yesterday, one addressed to me and one addressed the occupier, stating that eviction / warrant has been cancelled... I still won't sleep much tonight worrying about bailiffs & locksmith turning up tomorrow morning. 

 

I really am worried about the terms of court order and worried that I am going to be in the same position again in a few weeks... I honestly don't know if I can cope with going through all this again... If I'm not able to adhere to the court order, I am worried that if they apply for eviction again I might not get enough notice to try and defend... This stress is making me really ill. 

 

I am also still being hounded for all other debts and don't even know where to start trying to deal with them....  

[Ell-enn]

It sounds like the judge has ordered that payments are to commence on 30th August but you won't know for sure till the order arrives from the court.   Sadly, you are correct in that if you don't make payment in line with the order then the lender will most certainly apply for an eviction warrant again.

[Cadbury10]

Will it state on the court order if I am liable for any legal fees for the other side?

 

If they did apply for another eviction warrant, is it possible I might receive less notice than the last one (which was about a month I think)?... Is it possible they might get an instant eviction without any notice to me?

 

Is there any possibility I could use this time to put together some kind of a claim to either amend the order, adjourn, have it dismissed altogether, and/or claim any kind of damages? If so, what would be the fee for me to do that and if any of that is at all possible, is that something you could help me with?

[unclebulgaria67]

Wait for the Court order, as that is what needs to be followed by both parties.  

 

Legal costs of other side should have been advised to you already and should not be a sudden surprise on Court order.  If not, whether they can apply for these later, as part of ongoing process ?

 

 

 

 

[Cadbury10]

Uncle Bulgaria

- Thank you for your reply.

 

Nothing was mentioned at court about their legal fees and when I last spoke to Britannia on phone,

I queried if any legal fees had been added to my account to date and they said no

- However I think I saw on earlier court paperwork when they applied for the original possession order an amount for legal fees, so would these have been added to my mortgage account?

 

Despite telling me on the phone that they are not adding any legal fees to my balance,

they have threatened that I am liable for legal fees in some of their written correspondence.

 I am worried about this.

 

At the court hearing to suspend eviction the solicitor for other side had apparently been there all day, so I'm sure he would be getting paid from somewhere and I just want clarification if this is being charged to me?

 

I did manage to fall asleep in the early hours this morning and ironically was woken up by the sound of banging and drilling...

I felt absolutely petrified and thankfully the noise was coming from somewhere across the street and my front door is still intact.

 

Still haven't received court order, but letter arrived from Britannia today demanding payment in July, which goes against what was ordered in the court, and threatening to enforce the possession order & evict if I don't pay. 

 

I have seriously had enough now and would like put a letter together to Britannia claiming damages. Are you able to help with this at all? 

[Cadbury10]

By the sounds of their threat in todays letter from Britannia, they are intending to go for eviction again very soon, whether I kept in line with the court order or not. What are my options regarding this... Because I seriously cant take much more.

 

Sorry if my questions seem stupid... I am petrified of waking up one day to locksmiths, or arriving home to find the locks changed. Im scared for the safety of my pets. If they went for eviction again, how much notice am I likely to receive? 

 

Do judges have any powers at all to go against repossession laws and stop these greedy pigs from continuing with this?

 

Can I file an application to dismiss their repossession order altogether? If so, would I have to do that in the same court via an N244 process? If I am going to claim any damages against Britannia, should I be doing that at the same time and would I need to follow a process of writing letters to Britannia first to see if they offer to settle?

 

Can I file an application to adjourn the current order for a longer period of time, on grounds of mental health etc?

 

I feel Britannia have pinned me into a corner and honestly feel my only option is to fight this somehow, as it had already almost killed me and is killing me. Somebody can only take so much.

 

They have acted maliciously to destroy me and I want compensation from them. Please help - What should I do?

 

Would it help you if I provided some more details at all?

 

 

[honeybee13]

Hi.

 

Did we have this discussion about compensation before? From memory, Ell-enn asked you what losses or damages you'd incurred.

 

HB

[Ell-enn]

Cadbury, I know you're not in a good place at the moment and clutching at straws but.........     you really need to get your head round the fact that the lender is perfectly within their rights to ask you to pay back the money you have borrowed and signed a contract for.  The fact that asking you for the money they are entitled to is making you ill is really of no concern to them (heartless as it sounds), they are only interested in either you fulfilling the contract by way of making your monthly payments, or them repossessing your property - which again they are perfectly entitled to do if you don't pay.   There is absolutely no chance of your getting compensation when they have only applied the terms of the contract - and that's what any judge will look at.

 

If you tried to apply for a hearing to get a longer time (cost £250) what reason would you give for that - you still can't offer any money and you would have wasted the court fee.

 

You won't  get the repossession order dismissed - what reason would you give? as stated above the lender is within their rights

 

I can't begin to tell you how lucky you were with your hearing - I doubt you'd be that lucky again.

 

I know what I'm saying sounds harsh but you really do need to get a perspective on this - you were extremely lucky to get a suspended order with payments delayed until end August and you don't have any recourse on the lender or the judge.

[Cadbury10]

Its impossible really to calculate a figure... Should I send Britannia a without prejudice letter without specifying an amount and see what they say? Or should I specify an amount?

 

What can be done about the existence of the possession order, as they are effectively abusing the court process and making in impossible for me to pay them anything towards payments anyway!... Its not going to do them much harm to wait for me to sell is it... It just seems to me they are intent on getting their grubby mitts on the property and to be frank, I believe their repossession actions against me are illegal.

 

When I complained about debt collector they sent to my home smashing on my front door, they credited my mortgage account with £20 compensation apparently - Although I never had any communications from them about my complaint and only discovered that in the SAR documents. £20!!!!????? I place a much higher figure on the damages they have caused me!

 

Can I also apply to the court for an amendment / dismissal / adjournment of the current suspended order? I just cant think clearly and don't know what to do.

 

I honestly do believe they have/are acting in malice.

 

 

 

 

[Cadbury10]

Maybe they will also be taking my body out when they clear my belongings out

[dx100uk]

scan up the letter to pdf please

 

[BazzaS]

Just pay the amount, as ordered by the court (that your submission to the court said you would pay going forward).

Then they can’t evict you : the court won’t allow it if you keep the payments up to date.

 

Focus on that rather than ill-founded flights of fancy that they can’t evict you if you suffer from mental illness (they can, with the courts approval if you don’t make the payments set by the court), or that they have behaved unlawfully (they haven’t : you have to make mortgage payments!).

 

The court has given you the chance you asked for, to make those payments going forward instead of being evicted.

 

If you miss one single payment : expect them to apply for possession. Focus on being in a position to make the payments, and making them on time, not on a belief they have wronged you. The former is the key, vital, single most important factor: don’t waste time and energy on less important matters.

[Cadbury10]

1 hour ago, dx100uk said:

scan up the letter to pdf please

 

 

DX, it might have to be a jpeg - Is that ok? Do you mean the letter received today from Britannia? Do you need to see letter from their solicitor received yesterday as well?

[Cadbury10]

Bazza,

Just pay the amount, as ordered by the court (that your submission to the court said you would pay going forward).

Then they can’t evict you : the court won’t allow it if you keep the payments up to date. Well, if I could do that then I expect I would and did not submit a specific date when I would be able to pay.

 

Focus on that rather than ill-founded flights of fancy that they can’t evict you if you suffer from mental illness (they can, with the courts approval if you don’t make the payments set by the court), or that they have behaved unlawfully (they haven’t Oh I can assure you they have : you have to make mortgage payments!). Are you suggesting I am lying about my health ?

 

The court has given you the chance you asked for, to make those payments going forward instead of being evicted. I asked for more time than was granted .

 

If you miss one single payment : expect them to apply for possession. Focus on being in a position to make the payments, and making them on time, not on a belief they have wronged you. The former is the key, vital, single most important factor: don’t waste time and energy on less important matters. I really don't think you are qualified to make such assertions about my ability to work / pay. This is NOT my fault and please don't tell me how I feel... 

 

 

 

 

 

 

[dx100uk]

as long as its redacted where necessary thank you.

 

[BazzaS]

 

 

if I tell you everything is fine and you can just not make the payments : that isn’t doing you any  favours when it then goes wrong.

 

As for “Are you suggesting I am lying about my health”: I’ve never suggested that, and so put you to proof I have. Please quote it (& I bet you can’t!).

 

Nor did I ever say that you chose to be in this position: but you are in that position and can’t just say “they can’t evict me” nor say “they aren’t allowed to pursue me”.

 

However, if it was unlawful for a mortgage company to pursue someone for mortgage arrears merely because the mortgagee has mental heath issues : they’d have to dramatically increase the costs of a mortgage to make up for the losses they’d incurr.

It isn’t unlawful for them to seek possession.

 

It is positive / helpful to say “focus on making the mortgage payments rather than a belief they have wronged you”. You may believe it, but it won’t help you, and ensuring you never miss a payment will help you.

 

[Cadbury10]

1 hour ago, BazzaS said:

 

 

if I tell you everything is fine and you can just not make the payments : that isn’t doing you any  favours when it then goes wrong.

 

As for “Are you suggesting I am lying about my health”: I’ve never suggested that, and so put you to proof I have. Please quote it (& I bet you can’t!).

 

Nor did I ever say that you chose to be in this position: but you are in that position and can’t just say “they can’t evict me” nor say “they aren’t allowed to pursue me”.

 

However, if it was unlawful for a mortgage company to pursue someone for mortgage arrears merely because the mortgagee has mental heath issues : they’d have to dramatically increase the costs of a mortgage to make up for the losses they’d incurr.

It isn’t unlawful for them to seek possession.

 

It is positive / helpful to say “focus on making the mortgage payments rather than a belief they have wronged you”. You may believe it, but it won’t help you, and ensuring you never miss a payment will help you.

 

 

 

Bazza,

 

.I already have and GP letter confirming my nervous breakdown etc was included in court application... My GP is now closed for the evening, so not much they can do about my feelings.... I would have done that today feel I need to increase my medications, but have been too distracted and traumatised by letters received, which have rendered me mentally incapable of adhering to any potential GP assistance today .

 

if I tell you everything is fine and you can just not make the payments : that isn’t doing you any  favours when it then goes wrong. I think its already clear that I know everything is not fine.

 

As for “Are you suggesting I am lying about my health”: I’ve never suggested that, and so put you to proof I have. Please quote it (& I bet you can’t!)."Focus on that rather than ill-founded flights of fancy that they can’t evict you if you suffer from mental illness"

 

Nor did I ever say that you chose to be in this position: but you are in that position and can’t just say “they can’t evict me” nor say “they aren’t allowed to pursue me”. Oh I think I can

 

However, if it was unlawful for a mortgage company to pursue someone for mortgage arrears merely because the mortgagee has mental heath issues : they’d have to dramatically increase the costs of a mortgage to make up for the losses they’d incurr.

It isn’t unlawful for them to seek possession. Yes it is - The "law" needs to change

 

It is positive / helpful to say “focus on making the mortgage payments rather than a belief they have wronged you”.No. It isn't.... It's a bit like dictating to somebody how they feel, or telling somebody who is not well to just "get over it"... NOT helpful and will do nothing other than exacerbate those feelings . You may believe it, but it won’t help you, and ensuring you never miss a payment will help you. A bit difficult under these circumstances 

 

Please, say no more

[Cadbury10]

24 minutes ago, dx100uk said:

as long as its redacted where necessary thank you.

 

 

DX - Thank you will do as soon as I can

[Cadbury10]

DX - Here is letter from Britannia.  

britannia.pdf

[dx100uk]

so nothing threatening there then

 

just a statement of the court outcome CAD10

what are you panicking about?

 

are you able to made the £737.38 by the 31st?

 

I actually find that letter very positive for you as it states MAY not WILL take action

and I also note they've been stopped from charging any additional fees should you poss fail or be late at all.

 

that to me is good news and it looks like the judge has firmly put them in their place.

esp the bit about them clearly understanding they cannot change or make you pay more than he stipulated