beneificial bank repossession and dispute help required

[Ell-enn]

Hi there, doubtful you would get a postponement if you request it as Beneficial would have to agree - if they don't send you the info before the hearing the judge may order them to disclose and then adjourn to a later date.

 

All this is hypothetical though, and you can't do much more until nearer the time.

 

Nick, I notice from your defence form that you haven't mentioned any recent payments or offered a payment plan - did you do that in another part of the form?

 

Kind Regards

 

 

Ell-enn

[nick1965]

Hi Ell-enn,

Thanks for that info.

There has been no recent payments. This has been part of the problem. I have wanted to make some payment but beneficial will only accept full payment of the arrears. This has been a problem with them since the start of going into arrears with them., as stated in the defence. How can you force a company to accept part payment.

I can pay a reasonable ammount of the arrears owed and will offer this at the court hearing.

On the defence form under the arrears section point 10 I stated that i could not afford to pay anything above the normal payment due. However I then immediately stated the following "But hope to change after divorse hearing".

Basically I did not want to commit to a payment which I might not be able to afford. The 2nd divorse financial hearing is tomorrow when I hope my ex-wife and her solicitor see sence. At the moment they are asking for a lot of money which does not exsist (and never has).

Thanks

Nick

[Ell-enn]

Hi Nick, to be honest it would look better for you if you made a payment before the hearing and had a plan in place going forward.

 

Won't they take a payment over the phone? or could you send them a cheque or bankers draft by recorded delivery?

 

Kind Regards

 

Ell-enn

[nick1965]

Hi Ell-enn,

The simply answer is that they will only take full payment over the phone. I cannot get out of them where to send a payment or who to make it payable to. I just keep getting the standard reply "You need to make the full payment by card over the phone to me. We will not accept anything else".

I find this hard to come to terms with as one would have thought that they would take any money offered to them. To be honest I am frightened to send a cheque for such a large ammount through the post without knowing who to make it payable to and which of their addresses to send it to.

After tomorrows divorse court hearing I will file a letter which sets out an offer of a payment plan.

Nick

[Ell-enn]

The court papers will have the address of their solicitors on them, you can send payment to them quoting the case number.

 

Kind regards

 

Ell-enn

[nick1965]

Thanks for that. Did not even cross my mind to send payment to them.

Guess I was just so tracked onto one line.

Will contact their solicitors to request who to make the payment to.

Many Thanks for your help and patience.

Nick

[Ell-enn]

No problem, just want you to have the best possible chance in court:)

[nick1965]

Dear Ell-enn,

Divorce hearing went well and a 'heads of agreement' was drawn up. This will be turned into a consent order once I am able to remove my ex-wife from the mortgages.

 

Sent a recorded delivery letter to Lightfoots (solicitors) on 28th March requsting who to make the payment cheque out to for part payment of the arrears. Also informing them of the outcome of the divirce hearing and enclosing a copy of the defence. They still stated that they had not recieved the defence but the court confirmed that the defence was sent.

I have had no response from them with regards to this letter.

I have recieved from them a 'witness statement' dated 28th March, posted 31st March (on envelope) and recieved 4th April 2008. This witness statement just sets out the money owed, who they are, that a land registry search has been done but fails to mention the other interested parties. By that I mean the main mortgage company, Lightfoots stating 'In addition to the Claimant and the Defendants herein, is registered as having an interest in the property and has been served with Notice of these proceedings'.

 

I am now going to court tomorrow afternoon, disputing the ammount of arrears owed due to the payment protection policy dispute. However now have an ace up my sleve. As of earlier this week I have managed to get together the last of the money necessary to be able to pay the arrears in full on the day if required.

 

Is there anything that I need to do before the court hearing tomorrow. you mentioned before about a statement to take to court.

 

Many Thanks

Nick

[Bona]

Pay the arreas brfor you go if you have the money today if possible tell them and say if they go and contest you will ask that there costs not be put on your account theses can add hundreds and if you are not in arreas they should withdraw

[nick1965]

Had requested payment details from the solicitors but they have not supplied the information. They have had approximatly 2 weeks to date to supply that information. Therefore if any costs are tried to be awarded against me I will agrue against them as I have tried to make payment.

I would also be worried now about payment before the court hearing tomorrow as i will having no way of proving that the payment had been made. With the way the company has acted they are just as likely to turn up to court stating they no payment has been recieved.

[patrickq1]

In addition, to activate the payment protection policy that was taken out with the loan. Beneficial Finance denied such a policy existed despite my having a letter from them, dated 5th December 2003, clearly stating the policy had been set-up.

i would sugest this be on "BOLD RED PRINT-"and also a copy of the the letter from beneficial stating you had PPI this will make the judge sit up and ask the question "WHY HAS THIS NOT BEEN ACTED UPON"

it certainley looks very much in your favour so good luck

patrickq1

[Ell-enn]

Hi Nick, you need to take a statement to court with you tomorrow- I can write this for you if you want me to. It's important that you have all your circumstances in writing for the judge to consider.

 

If you can't make the payment today you will need to take proof that you can pay all of the arrears. Can you ring the solicitors and ask them to take payment over the phone (you would need to go to your bank to get a statement to show it paid - or online statement), or ask them to give you a bank account number and sort code to make payment through a bank (you will get a receipt)

 

Just let me know.

 

Kind Regards

 

Ell-enn

[nick1965]

Dear Ell-enn,

I would be grateful for the help in writing the statement.

I was intending to get a mini-statement out just before going into the court building as proof of having the money to pay the arrears.

If i paid today, it would be hard to show proof of having paid as it can take a few days to show up on my statement.

Thanks

Nick

[Ell-enn]

OK, I have to go to a couple of meetings, but will get it to you after lunch.

 

Ell

[nick1965]

Result of court case today.

 

Recieved a suspended order subject to paying the arrears in full - suspended to end of April I beleive. The solicitor acting for beneficial finance would not accept payment, I have to send it directly to beneficial themselves.

 

I was very disappointed with the way I was treated by the Judge.

I was not allowed to present or readout my statement. The Judge allowed the solicitor for beneficial to speak freely. Howvever he would ask me a question and then interupt me before being allowed to answer.

In total I was not allowed to give my defence, or certainly that is how it felt.

 

Will have to think about how to take the payment protection policy issue forward. The one vague comment about this from the judge was that it may be for a 'chancery' case in a high court in central london - what ever this means.

 

Many Thanks for everyones help and support comments.

An especially big thanks to Ell-enn for all her hard work and support for me before the court hearing today.

 

Nick

[Ell-enn]

Hi Nick, thanks for letting us know what happened, I'm sorry to hear you feel you weren't treated fairly. You should have been allowed to hand your statement to the judge. In all the cases I've been involved with the judges have been very sympathetic - seems you were unlucky:(

 

At least possession was suspended. As soon as you have made the payment you need to contact the court to have the suspension order cancelled.

 

Kind Regards

 

Ell-enn

[patrickq1]

In all the cases I've been involved with the judges have been very sympathetic

sometimes we get the odd one who is just a career person trying to get on the ladder up another rung and has been passed over that many times he feels he needs to take this out on those that need his help and also seems to have forgotten why he is in his position in the first place and that is to administer the LAW precicely and to the letter,

well grounds for an apeal since he has decided to reject a letter or seem to brush it aside in favour of a claimant,perhaps he has had a bad day but their are point he will still have to address and his failure to do so will result in an apeal anyway

patrickq1