Birmingham midshires repossession by TLT solicitors. **Cancelled**

[philmycoke]

all i want is the date postpooned or forwarded by 30 to 40 days.

 

thats all i want.

 

what do i say to them., when i call them or email them.

 

[dx100uk]

Eh ..why don't you read the flippin link!!

 

 

It stop mortgage arrears legal action for 60 days..

 

Get it in place today... problem sorted..

 

Dx

[philmycoke]

Sorry!

 

i did read it, i will need to go somewhere, to debt advisor.

 

all this is going to take time. 9th may is the hearing.

 

from what i read i cant do it solo, it has to be through some debt advisor and on top of that i have to pay the mortgage. who problem is i am not working due to the stupid pco people taking long time to give me my licence.

 

i understand, let me google and see what i can do. right now i cant think straight. i am 42 not 24. if the hosue goes. that is the end for me.

[London1971]

Cripes 4 bedrooms !, my first thought was lodgers, round here decent rooms are gone immediately, Getting other driving jobs, delivery driver? anything? get the money coming in so judge can see that you are trying to right things.

[philmycoke]

there is no way of avoiding the 9th of may date.

 

it can not be changed? it is concreate?

[honeybee13]

I'll flag @Ell-enn to see if she's around to help with this, she's great with repo stuff.

 

In case it's relevant, could you explain about your taxi licence please? Why did it lapse and how certain is it that you can have it renewed?

 

HB

[Ell-enn]

Hi,   stop panicking - you need to think clearly if I'm to help you get something done.  You will need to answer some questions in the order that they are listed below:

 

When was the suspended order made?

How did you respond to the possession claim - i.e. did you go to the court / what did you say to get it suspended

Why do you think you will have the money to pay off the arrears in 30-45 days?

Please explain about what happened with the taxi licence

 

[philmycoke]

Many thanks.

 

1. there is no suspended order. the uploaded image is the letter with the pack i got. rest of it is paperwork for "defence" i must send back to the courts. i have had 0 communication apart from this. as stated i only got it on the 19th of april, date is 23 feb on the letter.

 

2. i have not responded. i came here first.

 

3. if i can suspend the date, forward the date, then the money i have over seas which i was going to use to buy own pco taxi car, i can use it to pay of the arrears. if they can accept a plan even better.

 

4. taxi licence has been applied for, as its a new application it takes time. especially since they introduced the new seru tests.

 

ONLY mistake i have made is the following. i sent the email below to 4 of there departments. they have not responded. tlt are the solicitors. let me copy and paste.

 

Dear sir or madam,

 

I am not happy, the reason why I am not happy is that I have received court documents for the hearing on 9^th of may, from a letter dated 23 February, this morning.

 

The post code on the letter is wrong and is about 6 miles away. So therefore brainstorming with the bank and stepchange we can only assume it got delivered to the wrong address and then someone posted it. Or it is a late delivery from the royal mail.

 

I am currently in isolation and have some symptoms of Covid I am not sure as they are mild this time. However when the check was done I was positive, I was told.

 

Now issue is. I have zero time to prepare for all this. I am not sure what I have to do, who to talk to and what I need to stop any court action. I am 42 and this is a once a in a life time situation. I lose the house. My life ends.

 

If the only way I can end this is me paying off the arrears then I would need some time to get transferred over from Pakistan. The central bank clearance time frame is 4 to 6 weeks. The money intended for me to buy the car, will now be used to clear the arrears.

 

Also I am due to get my pco taxi licence in by end of may, which will allow me to have an income and pay of my arrears.

 

Either way right now. I cant think straight. I tried calling your number and it is not working.

 

What I would like you to do is forward the date beyond may. So either I have a chance to seek some advise or get funds to gather or have my pco taxi licence so we have something to work with.

 

Many thanks

 

[Ell-enn]

OK, sorry - I thought you had communication about a suspended order.

 

OK do you have a defence form in the pack ? Should be N11M form-  if so we need to get it completed asap so you can hand deliver it to the court on Monday - you will then have to attend the hearing on the 9th to ask for a suspension.

 

Can you provide proof of having the funds overseas and also proof of how long it takes to transfer to the UK?  you will need that to convince the judge you are serious about paying the arrears.

You will also need proof of your application for taxi licence and details of the time frame for that.

 

Do you have any income at all at the moment ?

[philmycoke]

so me getting 0 communication from the bank about solicitors or any contact from solicitors does not account. as i have had zero from them.

 

also i only have now 2 weeks to sort things out. this cant be right.

 

pco taxi licence people are government department. they give no guarantee. i asked them to write something for the bank. they said no.

 

as for funds are not in my account as i am here, funds are in 3rd party account.  and if i can get documentation it will not be in English.

 

this can not be right i have been given 2 weeks to enter a defence plea.

 

 

 

 

[Ell-enn]

I understand your frustration, but you might have difficulty proving you have only just received the court papers or that you didn't receive any letters from bank or solicitors - they will no doubt turn up at court with copies of all correspondence they say they sent you and the judge will most likely believe them.

 

We can put forward a defence but I have to tell you that unless you can provide proof of funds to pay the arrears and details of taxi licence timeline I think you will struggle.

 

Do you have any income at all at the moment ?  or is there any family who could lend you some money until your funds from India arrive?

[philmycoke]

i have another thought, i cant think at all right now to be honest.

 

1. if the court gives them what ever they want which is possession, how long is that? or is it straight away?

2. i can appeal? if so is that expensive and how long is that?

3. if i get the funds at any time until the repression date, i keep the house?

[Ell-enn]

1. If possession is granted it could be up to 28 days (sometimes it's 14 days if there's no prospect of any payment) Eviction from the property will follow.

2.You could ask the court for a hearing to stop the eviction but you would have to prove you have funds to pay all the arrears or have an income to start paying the arrears off each month on top of the normal monthly payment.

3. If you get the funds before the eviction then you can ask the court to cancel it.

 

I've answered your questions' but you still haven't answered mine:

1. Do you have any income at all at the moment ?

2. Is there any family who could help you out  until you get your money from India?

 

It's difficult to help you if I don't have all the facts

[philmycoke]

this is what makes me angry. i have 0 letters emails or calls from bank or solicitors regarding this repossession.

 

now i have nothing in ways of income.

 

as for family, i could ask. not sure if they will say yes.

 

i have been told now, the house is up for sale. not sure if the sale is coming in next 20 days. however its up for sale. i am not upset about it, its about time.

 

in may it all happens. licence will come, or funds will come. i need to make a decsion quick.

 

all i want is a delay in hearing right now. funds are there, how long, we gota get in the queue get them cleared and transfered.

 

 

 

[Ell-enn]

OK,   you won't be able to delay the hearing - it will take place for certain.

 

You say the house is up for sale - do you have a contract with an estate agent that we could show the court at the hearing?   that might buy you some time.  You will also need copies of the advertising of the house and if there has been any interest/viewings/offers.

[philmycoke]

yes. i have that.

 

contract, its up on their website. i am not sure about other sites. thats what  i have been told, it was a quick message.

 

its on sale for sure.

[dx100uk]

what about breathing space??

it says on there it does stop mortgage arrears legal proceedings

 

sorry but you should have actioned this today, you might be able to do it tomorrow, or even monday, once in place it stops anything for 60 days .now if that means repo eviction etc etc doesnt happen etc etc  im not sure . but imho its worth a shot.

 

dx

 

[philmycoke]

i will make calls tomorrow.

 

when i know the procedure i will update here.

 

 

[Ell-enn]

You need to respond to the court papers on Monday i.e. take them to the court by hand. 

Print off the details of your house being for sale so we can affix to the defence  have you had any viewings or offers?  we will also need those details

I can then draft a defence statement for you and give you instructions how to fill in the N11M form - we may be able to use some case law to give you time to sell.

 

Are you able to print off Word documents?

[philmycoke]

yes i can print out documents.

 

Also shall i not do it online, by logging in, i think i can do it online.

 

do know about breathing space? if so do i just call one of these charities? and its done or is it more complicated.

 

i will contact shelter.

 

i can not write very well, so therefore i prefer to do it on line.

[Ell-enn]

it's a bit late for doing it on line - best to take documents to the Court  that way the judge will get a chance to read them before the hearing.    I will guide you through the form and I will write a defence for you to print out and affix.  

 

As far as I am aware breathing space works before you get to the court hearing stage, I don't think you will have enough time to arrange anything with those agencies  even if it is possible at this stage.

 

Let me know when you have printed out the estate agency details/photograph etc  as we will need that to affix to the defence.

 

 

[philmycoke]

this is so sick. prior to 19th april i got 0 communication regarding all this.

 

how can this be? i have emailed the solicitors on 19th and they have not responded either.

 

this is becoming a joke. how can they do all this.

 

letter is dated from court on feb 23rd. i get it on 19th april.

 

this means i should of had at least 4 to 6 letters or messages or calls at least?

 

they just taking the micky.

[dx100uk]

too late to keep harking on about no contact etc..you've not paid for a long time, you made no attempt to tell them nor negotiate when you knew you could not pay.

 

thats more unfair than them not writing.

 

dx

[philmycoke]

i understand.

[Ell-enn]

Below are the instructions for completing the N11M form - let me know when you have completed it and I will finalise a statement to go with Q.27   Please also let me know when you have printed out proof of the estate agent marketing your property.   We need to get this all done asap if you are to take it to the court on Monday.  If you are unsure about anything please ask

 

The boxes at the top of the form should already have the name of court/ claimant details etc filled in. If not then copy them from the possession Claim form.

1. Fill in your name and date of birth

2. Tick box for Yes

3. Tick box for Yes

4. Tick box for Yes

5. Tick box for No

6. Tick box for No

7. Tick box for No

8. Tick box for No

9. Tick box for Yes

10. Fill in how much you can pay towards arrears (when you have an income)

11. You need to fill in

12. You need to fill in

13. Tick box for No

14. to 25 You need to fill in

26. Tick box for No

27. Write - Please see affixed statement   (I will send you the statement for this)

Sign the statement of truth and print your full name.

 

When you have completed it all take a photocopy so you have a copy for yourself to take to the hearing.  Make sure you staple all pages together securely (including the statement page and proof of the house being for sale)

 

You should then take the completed N11M form to the court and deliver by hand. Ask at the court if there will be any duty legal advisors at court on the day of your hearing – if so, you should approach them and ask for their help – they can accompany you into the hearing and support your case.