Tc & Gmac Mobsters.

[tonycee]

OK....Im crawling out from behind my embarressment to ask for advice.

 

I had a suspended repo order in 2006.

I paid off all the arrears and thought no more of it until i recently got into difficulties with HMRC.

Thats another story.

 

The arrears are 6 months and approx £8700.

 

There must be almost £2k of charges against the account as well by now.

 

Anyway, GMAC are now enforcing that suspended repo order, and i have been told today that i can now expect an eviction date.

 

My questions are,

 

How long is it likely to take for eveiction,

Can they enforce an order that was paid in full,

Can i appeal, and on what grounds, for an emergency hearing to stop the eviction.

Should i write to GMAC for a copy of the Court Order, as i dont seem to be able to find mine.

 

I have offered, and thought it was accepted, to resume payment in November + £250 off the arrears.

 

Thanx

[Ell-enn]

Hi Tony,

 

No need for embarrassment hun - we've all got our problem, which is why we are all here.....

 

It's a pity you didn't apply to have the order lifted after you paid all the arrears as they would have had to go through the whole process again if they wanted to go for possession. I don't suppose you have a copy of the old order from 2006? I suspect they had an indefinite order:( which means they can restore at any time.

 

Anyway, if they apply to the court for an eviction date now, it could take perhaps 1 - 2 weeks for them to get it (but could be shorter), you would then get anything between 2 - 4 weeks notice and we could then lodge an N244 to get the eviction suspended with your proposal for £250 pm towards the arrears.

 

Ellx

[cat100]

Hi TC sorry to hear of your trouble's.

Ist off its a pity you didn't get the suspended order lifted once you had paid the arreas.That would have meant GMAC starting over again giving you more time. Because you didn't they can use the old order against you new arrears.

You will receive letter from GMAC solicitors 7 days notice to clear arrears.

After that, letter from court letting you know eviction date,this letter takes 2 to 4 weeks to get to you.

Eviction date is usually 2 to 4 weeks.

So in total you could have 5 to 9 weeks befoe eviction.

As you will no doubt know you will ask for an appeal against eviction.

Elle-nn will help with this.

Try not to worry,with the government issuing new guide lines for eviction and with you being able to resume mortgage payment plus money against arrears you will be fine. Its too late for me,wish the govenment had acted earlier.

[tonycee]

Thak you cat100. Im sorry to hear its to late for you.

 

Ell-enn. Thank you. You are an angel.

 

Dissapointed with them that despite me asking them to hold off until 19th November, and the day after the government announce plans for help, they decide no, we wont wait any longer.

Pretty much sums up the type of lender IMO.

[Ell-enn]

Hi Tony, it might be a good idea to send them a letter with your offer of payment and remind them of the guidelines for mortgage arrears pre-action protocol? I can draft one for you if you like

 

Ellx

[tonycee]

Thank you

 

I have already done his whilst explaining the situation to them.

I received a call recently from their debt management centre, who went through everything with me there and then, and i thought we had reached an agreement.

I received another call today from some numpty who despite having the letter in front of her didnt have a clue what she was talking about.

She put me on hold, and then came back and said her supervisor was going to proceed with eviction, and i will hear accordingly.

 

I am going to write and ask for a copy of the suspended rep order, and a full list of charges applied to the account to date.

 

I am sure we can get through this, thank you, but if my BR hearing goes against me on 19th November, i might have to reconsider the situation.

 

Thanx again.

[Ell-enn]

OK Tony, don't need to tell you to send everything recorded or special delivery do I

 

Anything I can do to help, just shout

 

Ellx

[jh35]

Heh there, try not to worry, Ell-enn will help, my situaition was not the ame, but i quoted today with th NATWEST the new legislation and they were completly different, i did have 2 speak to different people , when i got the last one he was totally different, such a wonderful man, who has helped me to sort my issues out...

 

Keep calling and offering, now they have to write to sugest things.....

[**Tilly**]

Hiya Tony

 

Sorry to hear this is happening, can't give you any advise but with you all the way

 

 

 

 

 

 

LILLY

 

[tonycee]

.

 

 

 

Thank you "Lilly":p

[tonycee]

I don't suppose you have a copy of the old order from 2006? I suspect they had an indefinite order:( which means they can restore at any time.

 

Hi Ell-enn.

 

I think i may have the order that you speak of.

Heres what it says.

 

 

Order for possession

(mortgaged premises)

(suspended)

 

 

1st Claimant GMAC-RFC Limited

Ref xxxxxxxx

1st Defendant Mr TC

 

 

On 12 December 2006, District Judge XXXXXX

 

at XXXXXXX County Court.

 

Upon Hearing the solicitor for the claimant.

 

 

This order has been made on mandatory grounds and the court orders that.

 

1. The defendant give the claimant possession of XXXXXXXXXXXXX

on or before 09 January 2007.

 

2. This order is not to be enforced so long as the defendant pays the claimant the unpaid instalments under the mortgage of £XXXX by instalments set out below in addition to the current instalments under the mortgage.

 

Payment required

 

£250.00 per month, the first instalment being paid on or before January 2007.

 

 

The arrears at 30/11/2006 which brought this claim about were £ 4166.49.

 

 

Payments made were.

 

02/01/07 Mortgage + £250

02/02/07 " "

01/03/07 " "

22/05/07 " "

11/06/07 £4,000

10/07/07 Mortgage + £250

05/09/07 £4,000

11/10/07 Mortgage + £250

 

 

 

This left an arrears balance of £2056.49 at 30/11/08.

I dont have any statements details from then until 13 Feb 2008.

 

What i do have is a letter saying,

 

13 Feb 2008.

 

Please accept this letter as confirmation that your account is up to date. We received you payment today for £1490.49

 

I trust this clarifies matters and look forward to receiving you next payment, which falls due on March 2008.

 

Although technically i broke the terms of the suspended repo order, all the arrears were paid off.

 

As ALL the arrears under THIS court order were paid in full, is it to late to have the order lifted so they have to start again.?

 

Im sure we can salvage this, it was just a thought ?.

 

TC

[Ell-enn]

Hi Tony, as you haven't got an eviction date yet..... you could try taking that letter and the suspended order to your local court and aksing them to (or how to) cancel the order. Go today if at all possible. Not sure if they contact the lender or not, but it's worth a try.

 

That way if GMAC try to enforce it, they will have to start again.

 

Ell

[tonycee]

OK. I went to the court this afternoon.

I spoke at length to a very pleasant, but not necessarily well informed bailiff clerk.

She said that a suspended repo order, is just that, suspended for the term of the mortgage, and subject to being re invoked at any time the terms are not met. Regardless of the fact all the arrears were paid off under that order.

According to her, the only way to dismiss the order, is to pay off the whole mortgage amount, or re mortgage.

 

She said that i could apply to have the order dismissed, but she has never heard of this, and the earliest date would be way to late.

 

So, here we are waiting on an eviction date.

 

I have to say that i am much less confident of avoiding eviction now i have spoken to her, because of the suspended repo order.

 

In her words, the judge is not likely to contradict his own order.

 

Unless YOU no different.

Edited October 28, 2008 by tonycee
Spelling

[Ell-enn]

Tony, I think I remember Sillygirl posting something about having the susp repo order cancelled after all arrears were paid. I'll see if I can find the post.

[sillygirl1]

Tony, what you need to do is WRITE to the Court Manager asking for a Notice of Discontinuance to be issued, sorry but the bailiff person was only quoting one side of the law on that... you have paid the arrears off in full and they CANNOT now go for a suspended posession. If they do you can appeal via the N244 and get it 'set aside' for a re hearing based on the fact that the original arrears are paid in full and you have a different arrangement due to different circumstances.

 

GMAC unfortunately are very one-sided and don't want to know about anything other than posession... let the court manager know the name of the person you spoke to and that the person might need re-training in that side of the law. It is NOT unheard of - just unheard of to her....

 

I don't know if your local court has a person who helps with reposessions, they are more informed than somebody on the bailiff side and might be able to offer free advice.

 

I am sure Ell-enn and myself can help out with other bits as they crop up. Keep fighting them and in the change of circumstances you may hit lucky. I can't promise that eviction WON'T happen but we can help you stick spanners in the works along the way.

[Ell-enn]

Right, I'm sure the info you have been given is wrong. The order states that possession is suspended provided you pay the arrears by monthly installments stated. The order can't last for the term of the mortgage surely that would be contrary to the County Court Act (I'll check that though) - you need to get a notice of discontinuance.

 

You could try phoning another court (larger town?) and asking the same question to see if you get a different answer.

 

Ellx

[tonycee]

Thank you.

 

But they are and have gone for eviction under the suspended repo order.

They told me this on the fone only last week.

 

I shall go into the court again asap, and ask to speak to somebody else.

[tonycee]

Got their solicitors letter saying they have applied for the eviction warrant.

 

The letter tells me what i must and must not do.

I must not remove my £10k kitchen without their specific permission.

Yeah right.

If they are going to be so foolish as to repo, then they can swivel.

[saintly_1]

Tony .......... cant offer much in the way of practical assistance however I can offer loads of cyber support

 

 

saint xxx

[Bona]

Tony I had trouble with GMAC for years reading the way the order is worded I think you should apply to have the eviction date cancelled as you have complied with the 2006 order and therefore there should be no suspended possessio order in force ( its the way its worded which makes me think you can ) at the same time you should apply that in the event the ist dosent work that the order be continued to cover any arreas which might be on your account ( not charges) GMAC wont negotiate they also take interest in advance so you pay on the ist of the month assuming you borrow for that month that is not in arreas so they will always say you are in arreas more than you are are there solicitors eversheds

[tonycee]

. you have paid the arrears off in full and they CANNOT now go for a suspended posession.

Right, I'm sure the info you have been given is wrong. The order states that possession is suspended provided you pay the arrears by monthly installments stated. The order can't last for the term of the mortgage surely that would be contrary to the County Court Act (I'll check that though) -

 

 

Can ANYBODY show me this in black & white. ?

 

 

you need to get a notice of discontinuance.

 

I Have spent 2 days trying. Today a clerk even went in to see a DJ whose reply was " No Chance".

 

Im not sure all the circumstances were explained, but thats the latest.

 

And THANK YOU SAINTLY1. Much appreciated

[tonycee]

reading the way the order is worded I think you should apply to have the eviction date cancelled as you have complied with the 2006 order and therefore there should be no suspended possession order in force ( its the way its worded which makes me think you can )

 

Thank You Bona.

 

Its SIMPLE when you put it like that.

Unfortunately i cant get a hearing until after the expected eviction date.

Will just have to wait for that now.

 

 

 

 

 

.

Edited October 30, 2008 by tonycee
More haste less speed

[Bona]

As soon as you get the eviction date make your application under the two points in my earlier post im sure Ell-en wil help you

[tonycee]

OK..

 

I Have a 10.00am appointment with a solicitor on Monday morning.

 

I will get a definitive answer if it kills me.

 

Thats if the stress dosent get me first.

[Bona]

Dont be so sure has anyone got a definate answer from a solicitor:(