Nemo - Repossession hearing please help***SUSPENDED***

[Ell-enn]

Not all courts have them, but it is becoming more common. A lot of courts also have CAB advisors.

[TimeToStandUp]

Read yours with interest, and just posted mine, the common thing is that someone from goverment should sit in the waiting room and they will be shocked....

 

Glad you was offered representation, our usher was a miserable cow....

[Helford]

Chin up!

 

Satisfying to 'win' against the Corporate Monsters isn't it?

 

H

[isoprox]

Nick

One of the things that helped me was and I know things help poeple in diferent ways,I just kept saying to my self is the worst thing can happen to me is they take the house so what, they cant send me to jail, im not a criminal, they cant cut my arms and legs off, the poeple and the judge are no better than me.

I know what you mean about bumping into someone, that is what i thought, however like El says they are probably in the same boat,but also they wont be in the room at the same time.

On another note the room is not intimidating at all.

please dont worry its not that bad:D

[Bona]

Honestly it is very infomal especially in the early stages and as for meeting people you know the sheet will say app which meens an application so people dont even know its a repossession unless its the first time I met some one once that I knew they had the same thing and we just comisirated said it wasnt our fault just the Company being unreasonable and left it at that and of course your not going to tell any one youve seen someone there otherwise they know you were there so dont worry

Were in court o the 2nd as we are trying to get some money we are owed it will be sandwiched between repros I suspect so they will probally think thats why we are there Ive given up worring we went through hell for 4 years and no one knew not familly children neighbours honestly at the moment everyone is just trying to survive rather than worry about other peoples problems unless there on here of course we all care about everyone

[isoprox]

back in 2008 I had a possession order suspended as long as i kept to the repayents plus £88.00 on top of the normal payment of a secured loan,

 

 

however since then i have fallen behind on 5 monthly payments

have just received a letter from the loan company

stating that they are now going to apply the court for possession of our property

and wil take four to six weeks and will be given notice of the date and time

 

 

is there anything i can do to stop this please help

[Rocco17]

Yes there is. At this stage I would say your best bet is to call them and try to come to a payment arrangement with them. They might delay going to the solicitors while it is being considered, or they might not.

 

Are you able to say how much the arrears are, what the reason for them is and are you able to pay them back going forward, and if so over what period?

[Ell-enn]

Are they saying they are starting the possession claim again, or are they going to apply for an eviction notice? in either case you will have the opportunity to defend and we can help you with that.

 

How much were the arrears in 2008 and how much have you reduced them by since then ?

[isoprox]

i am currently about 1,800 pounds in arreas however the original was roughly about 5000

 

it doesnt say either whether they are applying for evection or possession

[Lea_HTH]

If they've already got an SPO, there would be no need for them to advise you of a time and date - so either they are indicating you will receive a Notice of Eviction (which will have the time/date on which to vacate), or they are going back to court for possession (which wouldn't make sense as they already have an SPO).

 

In my experience you probably don't need to worry unduly about the likely outcome of a stay application once the Notice comes through. Your arrears have reduced since the SPO, and whilst it is a problem that you have missed five payments, it is not insurmountable. You'll just need to explain to the court that there was an unexpected blip in your payment plan and that you have now rectified it. If you feel you need to reduce the arrears payment to make it more affordable, then you'll need to recalculate your I&E and work out what you can afford - then it'll need to be calculated in relation to the relevant case law.

 

When you get the Notice of Eviction, post back and you will receive help to complete your N244 stay application.

[isoprox]

I am hoping someone can give me some advise, back in in 2008 i was granted a supenssion of repossion on a secured loan that I took out with Nemo finance on the basisis that I paid an extra £77.00 a month on top of the normal £287.00 which I kept up but recently over the last couple of years I have fell behind with due to financial situations, like I lost my job and and fell behind with a few things and all my finances went a little pear shaped, I have just recieved a letter from Nemos soliciters saying they have sent a letter to the court with a copy to me asking to execute the warrant of possession of the property is there anyting I can do to stop it please help

[isoprox]

execution of possession order of mortgage help needed I am hoping someone can give me some advise, back in in 2008 i was granted a supenssion of repossion on a secured loan that I took out with Nemo finance on the basisis that I paid an extra £77.00 a month on top of the normal £287.00 which I kept up but recently over the last couple of years I have fell behind with due to financial situations, like I lost my job and and fell behind with a few things and all my finances went a little pear shaped, I have just recieved a letter from Nemos soliciters saying they have sent a letter to the court with a copy to me asking to execute the warrant of possession of the property is there anyting I can do to stop it please help

[honeybee13]

Hello there.

 

I'll move your thread to the repossessions forum and leave you a short term redirect from this forum.

 

And I'll try to get you some help.

 

My best, HB

[isoprox]

Many thanksHow do i find that forum please ?

[citizenB]

isoprox, you have found it by posting above It is purely an administrative move and nothing for you to worry about. An S.O.S has been sent out on your behalf.

[IdaInFife]

have you been making the actual mortgage payment at all?

 

have you paid anything towards the arrears?

[isoprox]

Yes we have been making regular payments not sure but i think since 2008 we have missed about 5 payments in total, this is a secured loan on our property we have a mortgage with another company where we havnt missed any payments at all.

[isoprox]

Can anyone help please ?

[caro]

Is there any equity in your property?

 

Is the loan in joint names?

 

Is the house in joint names?

 

How much is still owing on the loan with nemo?

 

Are you in a position to be able to resume payments?

 

How long is left on the loan?

[isoprox]

we have a main mortgage which we owe £70,00.00, then Nemo which they say we owe £36,00.00 and about 10 years left to pay, we have another secured loan on which is about £25,0000, house value is about £100,00.00, loan and house is in joint names, yes we are in a postion to resume payments

[caro]

Ok, so the main thing is that you can resume payments, so as long as you can do that and pay something off the arrears, a judge is not going to want to force you out if your home.

 

Have a good read of ell-enn's guide to repossession linked below. I think you'll find it very helpful.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession&p=3603854#post3603854

Edited July 28, 2013 by ims21

[sequenci]

Hello there,

 

Find the part within the guide which deals with the resuspension of a possession order - you can do this by completing a form called n244. There *should* be a fee of £40.

 

What's important is to show the court that you can afford the arrangement - so an up-to-date financial statement is vital.

[Ell-enn]

Hi, do you need any help with your N244 submission ?

[isoprox]

Hi Ell-enn

Some help would be good, as I have just recieved the eviction order handed to me by the court bailiff on Wednesday my eviction date is 16/08/2013 and I am very very worried as I a wife and three small children and no where to go, also I have spoken with Nimmo Finance soliciter who said that I should fill in there income/expenditure form and he would forward this on to them and to see if they would accept my proposal to pay of the arrears should I fill this in and send it back or am I wasting valuable time ?

[Ell-enn]

You should fill in your own income and expenditure form and I have affixed the one we normally use in these cases. Send it with a covering letter to the mortgage lender and copy it to the solicitors - make sure both are sent by next day delivery so you can print off the signed for receipts from the royal mail website. If you need help with the covering letter please let me know and I'll draft one for you.

 

You should stress that you require a response before 8th August as you will need to get your N244 into court in order to get a hearing before the eviction date of 16th August.