Great news from Court this morning. Eviction suspended. There was a representative from Shelter who came in with us and spoke on our behalf. The mortgage company wanted the application dismissed however when it became clear that they were relying on the pre action protocols having been completed in Dec 2010 when the possession order was fist granted and suspended the Judge basically finished the hearing and said due to no evidence of complying with pre-action protocol she was awarding the eviction suspension. This Company only bought the mortgage last September and all previous arrears had been cleared by 2012, so she said these were two distinct events. Thinking now that I should raise a complaint with the mortgage company to have the charges and costs removed on basis that they had not followed protocols. Any thoughts?

Thank you

Anybody any thoughts in court tomorrow.

Quick update The court date got cancelled, Judge collapsed and no other judicial available. New date of 24th of August Received letter from Engage yesterday which was to reject latest offer to clear arrears as evidence provided to support proposal does not confirm the offer is affordable. I called them as I had not made an offer and wondered if this was the details supplied to the court as part of the hearing. Turns out it wasn't they are basing this on the field agent visit who looked at the income expenditure, IVA and agreed with us. I really think they are just pushing to court as the original suspended possession was Dec 2010. Should I consider asking for costs as they of course will end up passing to me otherwise?

No duty legal rep available, said they are only available in magistrates court not in county?

Will do thank you

I don't I will have to see on the day. I will be seeing if my community support worker can come with me. Is it best for both the wife and I go?

Dec 2010, I think they pushing to court due to proximity of 6 year date. They only applied to court to replace claimant name end last month. Anyway been to court and all good except fee remission form was wrong one, old one apparently. Hearing planned for Monday 15th. Will keep informed

Yes thanks Ell-enn and budget sheet and fee remission Will go to court today. I did not know about going into fact of original suspended possession order was nearly 6 years ago., 2010, and with different company and has been managed fine and had been back to normal and eventually capitalized in 2012

N244 with xx.pdf Converted to PDF to see if works. Strange but all the other attachments show normally on preview?? N244 with xx.doc

Thank you Ell-enn, I have a budget sheet from the IVA set up that I have used. I have completed the budget sheet on here ready for the court. I intend to file the N244 tomorrow as the eviction warrant has been granted. I am looking to see how I attach docs in hope you could check as ok? Thanks Scotty Hopefully these attach [ATTACH]64007[/ATTACH] No that didn't work sorry This is the statement I have prepared, using Ell-enn advice so thank you Lets try again I will get this right What am I getting wrong on attaching the document?

Thanks Andy, yes have got SMI a grand total of £9.60 a week. I agreed to the field agent as did not want to appear obstructive.

Any advice or help would be really appreciated. Field agent due to call tomorrow and Engage have called me today to ask if I can clear the arrears. Thanks in anticipation.

Hi all, can anyone answer the query regards this bill of sale? Thanks in anticipation

Hi all, In need of some advice / help and lots of reassurance. My mortgage was with GE Money and was transferred to engage credit last year. During last year I suffered an attack and since then have had mental health issues PTSD etc. Subsequently I took redundancy in July 2015. Redundancy maintained payments up until the end of the year, by which time I had applied for ESA and PIP.. I am now in the ESA support group and receiving PIP. All the time I have maintained contact with engage. GE had a suspended possession order as of Dec 2010 and that was maintained and subsequently they added the arrears to the outstanding balance. With engage I have made 2 offers and both were rejected, one as could not afford and the other as not high enough. During this time I have sought advice from CAB and subsequently to that am now in process of arranging an IVA Engage have sent a solicitors letter giving 7 days to bring the account up to date or they would apply for a warrant of eviction. Yesterday from the court I received an order relating to changing the name on the suspended possession order from GE to Engage. This gave me 7 days from service to apply to object to the new order. Today by hand the notice of eviction has been delivered, 6th September. Also I have had a field agent call at the house to arrange a visit, planned for Tuesday. I know main focus needs to be to stop eviction and file N244 which I will do next week, the IVA proposal includes I.E. and includes the mortgage + £64 monthly towards the arrears. This proves I can afford going forward on the benefits I receive. Just need reassurance that we will be able to get the eviction suspended also why are they now sending a field agent round. Also were they right to apply for warrant even though the name change order has only been completed and I an still raise objection. Engage were fully aware I was seeking financial advice and also that I have applied for a hardship grant from a charity, still in progress. Mortgage is in joint names and no children in the property. Any help much appreciated. Thanks

An update on this one. Sadly wife's complaint was not upheld and an agreement on payments was made. New question, the first loan taken out - is now complete in that all principal and interest has been paid back. There is however late charges outstanding of £168. Does the bill of sale still apply to this as she is currently setting up an IVA and if it is not then would include those charges as an unsecured debt on the IVA?

Hi all, Would appreciate thoughts on below letter sent to Car Cashpoint reference issues regarding 2 loans taken out by my wife, she is currently in dispute with them. Do the issues raised have any mileage or am I just wasting my time. If can do anything, how should I follow up as fairly sure they will come back with a standard reply? Dear Mr ......, Re: Agreements number ...... and ...... Thank you for your written response, dated 13th October, to my letter of complaint. I note your comments regarding the complaint of irresponsible lending and your statement that "payment history on this agreement was also extremely good with no significant concerns whatsoever". The statements you have provided show that there were 9 missed payments on the account and 6 late charges levied on the account at the inception of the new loan. Also as of 13th February 2013 an agreement was reached, with yourselves, to increase weekly payments to £30 to bring the account up to date. Additionally when loan reference ......., for the sum of £460, was started the existing loan, reference...... was indeed in credit by £240.27 due to the continued over payment that had been agreed to clear the arrears. You had continued to accept over payment which resulted in no 'benefit' to me as a customer and by issuing and allowing a new loan were in fact re-lending over 50% of this loan to me of my own monies and charging me interest for that privilege. Had you offered to either suspend payments until such time the account was back in balance or indeed returned the over payments this may have been enough for me to not require further lending. At 16/05/2014 the account actually reached a credit balance of £255.14. In light of these facts I believe your lending decision on agreement number ...... was unfair, irresponsible and did not show due diligence and therefore is in breach of CCTA and Consumer Credit lending guidelines. This is also in breach of section 7.2 of the loan terms and conditions and is an unfair and deceitful contract. I note regarding charges applied to the account when payments were made your comment that these will be manually removed, however you do not state which charges are to be removed and I would therefore request you provide full details and an updated statement of account showing these changes. With regard to the statements provided, these are incomplete statements not showing amount loaned or interest payable. Further they do not show amounts outstanding pursuant to section 77B of the Consumer Credit Act 1974 and as stated in the fixed sum loan agreements. They only show installment due, payments made and charges applied. I therefore request full and correct statement of accounts for both loan ref: ...... and ....... I note that you, in your response, have not addressed the issue of allocation of payments. I also note that your terms and conditions do not state how payments will be applied. I further note that the copies of terms and conditions you have supplied are incomplete with section 7.1 not detailed in full. On the following dates statements show that the outstanding balance has been brought up to date with the account at a zero balance yet no reduction of the principal amount has been applied; Loan ...... 19/05/2014, 23/06/2014. Loan ...... 24/12/2014 - this payment actually took the account into a credit position. If all outstanding payments have been brought up to date it is logical, as payments due include interest and principal repayment, to expect to see co-responding reductions recorded to both interest and the principal amounts. Taking account of the above issues I believe there is sufficient evidence of financial mismanagement of the accounts and believe that account ........ amounts to an unfair contract that was completed deceitfully and was an irresponsible lending decision. I look forward to your early response and suggested remedies to the issues raised.

Thanks She has entered a formal complaint regarding the charges and account mismanagement and also mis-selling of the second loan as they gave this even though the first account, although up to date at the time, had shown late payments and charges and therefore query due diligence on responsible lending. She has also requested written confirmation that if the vehicle is surrendered that it would be full and final.

Ho and thanks for the reply. She is in arrears and is considering giving the car up. I have identified some irregularities with the accounts in that when she was paying they were only crediting to one account, on the second account they were adding charges for non payment. When these issues were identified they completed internal transfers but only to interest and not paying anything back to the principal sum. Also they did not remove the charges. Saw posts from applekart in 2010 that said about the multiple bill of sales running concurrently.

Hi guys, realise it is the weekend but can anyone help with query on multiple bills of sale?

Good morning, I have found that my wife has taken two loans out with Car Cashpoint, one in 2012 and the second last year 2014. I have checked the agreements and Bill of sales and they appear all correct and registered. I have seen on here that the issuing of 2 bill of sales is legally not correct and maybe fraudulent. Can I ask why please? They did not clear the first account with the second loan just gave a top up.

Thanks Andy

The hearing is to be postponed again, exceptional reasons and at claimants suggestion. With a Tomlin order is it worth negotiating on amount and as an example getting late payment charges etc taken off? Appreciate advice

So now have the new date - 7th April. So Hillesden have provided copies of relevant paperwork so is there anything I can defend or should I go for a Tomlin Order? Thoughts please.

To be honest Andy the claimant did give consent following SA taking instructions. I did get to speak to the Judge alone and it was acknowledged that there was exceptional circumstances. The Judge said that the claimants decision was sensible in the circumstances. Just for anybody else reading please note that these were EXCEPTIONAL circumstances and Andy is right this would not normally happen.