Melanite/Assent Mortgages arrears - Eviction cancelled - ***Resolved Eviction Quoshed****

[TonyLeeds]

Good Afternoon

 

On Thursday morning 30.01.2020  I received a frantic phone call from my wife who told me that she had just been to Leeds county court over mortgage arrears and had been unsuccessful and that we were to be evicted a 12.45 the following Day Friday 31.01.2020.

 

I had no knowledge of any arrears as my wife has always done the family financial stuff whilst I concentrate on providing for the family and she has effectively kept the ongoing legal issues from me.

 

I rang the mortgage company Melanite who then told me that we'd had multiple suspended possession orders over past 12 years and that they had used threat of Eviction 22 times over past 12 years to ensure we cleared ongoing arrears issues ! all this was news to me.

 

They told me that arrears were £6650 and the only way I could stop eviction was to pay in full,

I told them that i'd do my upmost to raise the arrears but as an extra measure I submitted a N161 to court to appeal against the Judges decision to uphold the eviction,

 

the court subsequently stopped the eviction with a new hearing set for Thursday 6.02.20.

I successfully raised the arrears amount through a family member and paid Melanite the full arrears on Friday 31.01.20 on the basis that they would cancel any further action and that i would take control of the Mortgage repayments.

 

My concern is that it would appear that Melanite haven't cancelled all action and that i'm still going to have to attend court on Thursday  6.02.20

I've been in touch with Ascent Legal and they have confirmed that they're going to be in court on that date for an application hearing.

 

Any Suggestions would be hugely appreciated as i don't know if there's still chance that we'll be evicted even though I've paid the arrears.

 

Kind regards

 

Tony

[dx100uk]

simply contact Melanite and tell them to call their dogs off.

 

i'd also be getting an sar running to Melanite as I bet you have £100's in unlawful penalty fees like letter/phone call/arrears PCM fee/it's raining today your fault fees that you need to challenge and get taken off the mortgage total.

 

 

[TonyLeeds]

I spoke to three separate people at Melanite and confirmed multiple times that paying the arrears would stop any further action but only once the payment had been taken and the lady i was speaking to realised that the court had stopped eviction pending appeal on Thursday did she change her tact and say that i'd still have to attend court and repeat my proposal to a judge.

 

I have no faith in Melanite

[brassnecked]

Do as DX suggests re the SAR, there will be loads of fees that are unlawful penalties and they will have to be removed off the Mortgage total, that doesn't prejudice you in any way, it  is reclaiming money that should not have been charged in the first place.

[dx100uk]

you shouldn't ever be using the phone to the fleecers or their dogs

writing ONLY from now on.

 

why not ring the court and tell them the arrears were paid on XX date and has the hearing been cancelled by the claimant?

if they say no, ask them what you need to do to ensure it is as attending is not an option for you?

 

dx

 

[TonyLeeds]

My worry is that they've taken the payment and now realise that they may still have an opportunity to evict on a point of law as apparently my ignorance to the arrears may not have been sufficient reason to appeal, do you suggest that I attend court ?

 

kind regards

 

Tony

 

 

[dx100uk]

doesn't work like that

but if the case still goes ahead yes you must attend.

 

however ring the court as advised, might be worry about nothing.

 

dx

 

[TonyLeeds]

It would appear that my wife had been to court numerous times previously and made arrangements to pay etc. and that her attending on Thursday was the end of the line. I only submitted the N161 appeal on advise of duty solicitor and my concern is that that there's no legal grounds to appeal.

 

Melanite are so slippery I've asked them to cancel further action as per our agreement prior to my paying but they are insistent that the Judge be aware of my promises to take over.

 

Does anyone have any experience with how submitting the N161 form actually works?

 

Kind regards

 

Tony

[dx100uk]

or more truthfully she jumped everytime they kicked her instead of fighting back.

 

although this is long winded,

it sort of runs with your timeline of things to date and could be useful

https://www.consumeractiongroup.co.uk/topic/289279-too-late-too-many-defaults-eviction-31-jan-kensington-mortgages/?tab=comments#comment-3510689

 

so have you rung the court yet today and asked,??

bet not and they'll probably be closed now as its gone 4pm

 

dx

 

[Ell-enn]

Definitely attend the hearing - take a statement with you to hand to the judge and print off proof from your bank account that the arrears amount has been paid.   If you need help with the statement please let me know and I'll help you draft it.

[TonyLeeds]

Hi Ell-en

 

Thank you I’ll be in touch in the morning.

 

kind regards

 

Tony

[TonyLeeds]

Morning Ell-en

 

I've got some information i'd like you to have a look at but it's confidential can you let me know how I can send it to you.

 

 

kind regards

 

Tony

 

[dx100uk]

send it via a private message

if you want send it to me and i'll add ell-enn to the conversation off the public group.

 

dx

[Ell-enn]

Got the info via private message thanks and have replied so I think we're good to go now

 

Good luck with the hearing and don't forget to let us know how you got on.

[dx100uk]

[TonyLeeds]

Hi dx100uk

 

Send me a pm and i'll forward eveything so you can also check out that i'm not missing anything... sorry if I seem paranoid but I really am that frightened of going to court on Thursday.

 

kindest regards

 

Tony

[dx100uk]

ell-enn is the master by far.

 

[Ell-enn]

Tony,  just remember - if there are no arrears there can be no eviction

[TonyLeeds]

Ok Folks

 

So this week has to be one of the toughest I've ever had but thanks to the help and support of Ell-enn I can now breath easy and I might even manage to get some sleep this weekend.

 

I attended court yesterday for an application hearing with a circuit judge as I'd submitted a N161 form to appeal against the Judges order last week that the eviction should go ahead.

 

On Ell-enns advise I submitted an up to date statement of facts which explained that I'd paid off the arrears and also had my house valued which  showed that I wasn't in a negative equity situation I'd also printed off a copy of my bank statement which proved the payment had been made and also included the valuation from the estate agent, I emailed these to the court the night before my hearing but also made three copies of all of these items to take with me.

 

The hearing was in an actual court room which initially I found intimidating, I'd taken along my brother for moral support and made sure that I was smart and presentable as I intended to represent myself.

 

At 11.30 on the dot an usher came out and asked  for all persons involved to go into court and then shortly afterwards asked to stand whilst the judge came in, the solicitor acting for the Mortgage company stood and recited the original order to evict and then it was my turn, I stood up and confirmed my name addressing the Judge correctly as "your honour" I asked him if he'd seen the updated statement and he waved his copy at me to indicate that he had It at this point I gave the Mortgage companies solicitor a copy of the updated statement bundle and was asked to sit down.

 

About a minute later the judge asked me to stand up  and said "You must have had quite a shock last week, you are not getting evicted from your home please keep up the payments, good afternoon and good luck " he then instructed that his order be worded that there was no need to appeal as the mortgage wasn't in arrears.

 

This has been an awful experience for me as I suffer with social anxiety and get really stressed out being out of my comfort zone but the advice that Ell-enn gave me was absolutely fantastic and allowed me to conduct myself with confidence and credibility.

 

Once again thank you so much for your help.

 

Tony

 

 

[brassnecked]

Great thanks for letting us know.  I have amended the title to show the result.

[dx100uk]

what wonderful news and hats off to you for the way you have handled all this.

 

now time to hit back

get an sar off to them and line your pockets with reclaiming.

[brassnecked]

There will be loads of unlawful letter, and other fees in there, you will be surprised how much these companies make from arrears management.  Likely they knew the real value  so wanted an eviction so they could make a few extra quid and even come knocking for shortfall made up mainly of that sort of fee, after they  flog the house off.

 

Well done you and  Ell-enn, who knows how to deal with sharks like these.

[Ell-enn]

Well done ! Thanks for letting us know Tony, it might be helpful for others in similar positions to know that with help they can get a positive outcome.  When you get the written order from the court (might take a week or so), can you let us know what conditions are on it i.e.  possession suspended upon monthly payments being maintained etc.

 

Now relax and make sure your payments are made on time.

[TonyLeeds]

Thank you all.

 

How does the SARs work we’ve sent off a request to the Mortgage company who have said that we need to be more specific about what we want because there’s so much information ?

[dx100uk]

have you sent an official SAR before?

or just a letter asking for stuff?