Help Sppl Going For Eviction

[jetli]

You will need to be problem focused rather than emotion focused. Believe me that whilst that may appear to be psycho babble I know and still have to fight the same crap myself. The only argument that works in a court is one which is legal and evidenced based. Very few judges will care whether you have been in the house 17 years or seventeen weeks.

 

The system for exercising these extreme powers is medieval. But there are ways if at least giving a good battle and winning. There is no real benefit of raising your hopes too high though. They will want your keys and want them desperately. It's a good money spinner for them.

 

If you cannot afford both withhout a reduction in the SPPL interest rate, then you are in a very tricky place.

 

That is the stark reality of your situation.

However there are a number of things that can be argued. These do not mean that you WILL save your home from the blood sucking **** but the arguments, if heard properly, might put this on the back burner to allow yourself time to prepare for the next time. The buggers will not let up and will try everything to steal your home and your equity from you.

 

You are not alone. You have been turned over by an industry who are in the repossession business, not the mortgage business. These eviction notices have been successfully fought several times before. In my personal opinion your sons are big boys now and need to be told what is happening.

I cant handle this they have no diretors you have told me this I am counting on you coz you told me so i so close to the brink i cant forward any mesasages

[jetli]

Sorry didnt realise could not have

Emotional about us GOD what is goin to happen I am at my lowest cant cope

HELLO i understand what you are saying just help me understand. It is very easy for anyone to take the emotional state out of this but I cant ITS MY FAMILY AND MY HOME im not that strong - PLEASE understand- M husband going to Doctors tomorrow - HELLO I cant deal with this pressure

Edited February 12, 2010 by jetli

[jetli]

Just negative then? I Thought I was supposed to keep fighting Like you keep saying no Directors etc?? compailn to EVERYONE you have told me but you seem so negative - I need positive

[ryde]

jetli

We helped someone who was in your exact position last week and they won their case,you,ve got some time whatever you do don't let it get the better of you.Ell-en has helped lots of people save their homes as has enoughisenough who played a big role in helping the person I just mentioned.

Ring companies house on monday and find out the current status of sppl.

Work out exactly how much you can afford to pay with whatever benefits or income you have,forget any other debts that are not secured on your home ,the secured debts are top priority.We have all weekend to sort some things out so don't panic I can assure you we will get some sort of plan together and trust implicitly the 2 people I have just mentioned.You have a lot of people fighting on your side so please have a little patience and trust,many know what youre experiencing having gone through the same thing and as I said we have the whole weekend to try and work something out.

[jetli]

jetli

We helped someone who was in your exact position last week and they won their case,you,ve got some time whatever you do don't let it get the better of you.Ell-en has helped lots of people save their homes as has enoughisenough who played a big role in helping the person I just mentioned.

Ring companies house on monday and find out the current status of sppl.

Work out exactly how much you can afford to pay with whatever benefits or income you have,forget any other debts that are not secured on your home ,the secured debts are top priority.We have all weekend to sort some things out so don't panic I can assure you we will get some sort of plan together and trust implicitly the 2 people I have just mentioned.You have a lot of people fighting on your side so please have a little patience and trust,many know what youre experiencing having gone through the same thing and as I said we have the whole weekend to try and work something out.

I know what you are are saying and I thank you all from the bottom of my heart but I m the only one dealing with this as although my family are close my Husband has just been through 5 interviews after being self employed and running his own business for many years and been turned down at 50 - he feels uncapable so its down to me - like I said thank you but be patient with me - SORRY i know I have asked for help and you are trying to - BUT they are not getting my Keys OVER MY DEAD BODY

[ryde]

BUT they are not getting my Keys OVER MY DEAD BODY quote jetli

Thats the way ,fighting talk, its you and us against them and if theres a way we'll beat the b.stards like we did last week.Weve been fighting them for over a year and were still here.

[jetli]

but they're negotiating with SPPL & GE for you? have you got it in writing from the lenders that they won't entertain the Mortgage Rescue Scheme?

No Sarah at shelter has said that she will write to me??????

[jetli]

BUT they are not getting my Keys OVER MY DEAD BODY quote jetli

Thats the way ,fighting talk, its you and us against them and if theres a way we'll beat the b.stards like we did last week.Weve been fighting them for over a year and were still here.

Thank You X Im Trying with your help

[jetli]

Sorry dealt with a few post at a time hope you all understood them

[welshperson3]

just a point i would like to raise,trying to raise the point about no directors in the repo Herring is a hard point to win the main thing and the one that the judge will want to hear is that you can now afford to pay.

if you show that you can pay then OK but if you tell the judge that husband not working and you cant afford the mortgage then you in trouble.

check if you can get housing benefit, make sure you claim all that your entitled to

[jetli]

just a point i would like to raise,trying to raise the point about no directors in the repo Herring is a hard point to win the main thing and the one that the judge will want to hear is that you can now afford to pay.

if you show that you can pay then OK but if you tell the judge that husband not working and you cant afford the mortgage then you in trouble.

check if you can get housing benefit, make sure you claim all that your entitled to

Thanks I really needed that to go to bed on

[Ell-enn]

OK, I can see how distressed you are and that's perfectly normal in the circumstances - I'm sure anyone on this forum who has faced eviction will tell you they have felt the same. However, we need to try to get some positivity into the situation - so, let's start at the beginning and take each point one at a time:

 

1. You say your husband is out of work - is he claiming Jobseekers allowance? if so he may be entitled to Mortgage Interest Relief whereby the DWP pay the interest on your mortgage each month.

 

2. Do you work?

 

3. Tell me about your conversations with Shelter - how did you approach them and what exactly have they told you about the Mortgage Rescue Scheme - do you know what the scheme entails?

 

4. What has your lender actually said to you about the Mortgage Rescue Scheme?

 

If you can answer the above we might be able to see which way forward is best for you.

 

Please try to stay positive, it's unfortunate that you are having to take all the strain of the situation but it's not unusual (if you read around the repossession forum you will see there are others whose partner is less able to manage the stress of the situation).

 

The most important thing is that you need to get some sort of plan in place before an eviction notice arrives.

 

Ell

[welshperson3]

sorry not meant to upset you but i have been were you are and i didn't lose my home but I'm just trying to point you in the right direction

for you to start arguing that they have no directors the judge is going to say do you owe this dept ? so what you need to do now is focus on other ways out of this

 

like i said i got over this (and kept my home ) and I'm sure you will to with all the good people on here helping

[welshperson3]

if you put a claim in for this Mortgage Interest Relief whereby the DWP pay the interest on your mortgage each month than the extra money coming in to the house each month then you can afford the monthly payments these are the things you need to focus on

[ZillaK]

Welshperson makes a valid point Jetli.. Ell-enn can help you win the immediate battle re: eviction.. concentrate on her advice/assistance first please..

 

Zil..

[ryde]

sorry not meant to upset you but i have been were you are and i didn't lose my home but I'm just trying to point you in the right direction

for you to start arguing that they have no directors the judge is going to say do you owe this dept ? so what you need to do now is focus on other ways out of this

 

like i said i got over this (and kept my home ) and I'm sure you will to with all the good people on here helping

 

welshperson suggest you read the original post.What was suggested was that the status of the lender is checked via companies house as there is a proposal to strike them off with all that that entails,it was not suggested that the proposed strike off was an argument for a judge. The course you in fact recommended was suggested.

 

Name & Registered Office:

SOUTHERN PACIFIC PERSONAL LOANS LIMITED

ST. JOHNS PLACE

EASTON STREET

HIGH WYCOMBE

HP11 1NL

Company No. 04096093

 

 

Status: Active - Proposal to Strike off

Date of Incorporation: 25/10/2000

 

Country of Origin: United Kingdom

 

The status of this company is paramount to the proceedings ,it is well worth the phone call to companies house on Monday to check their current status.No company,no claim.

Edited February 13, 2010 by ryde

[welshperson3]

The status of this company is paramount to the proceedings ,it is well worth the phone call to companies house on Monday to check their current status.No company,no claim.

 

If the above is true then in my opinion if they issue repo hearing try and get it struck out BEFORE the actual Rep Herring

 

if it don't work then you still get another chance in the Rep Hearing

but if that is all you got in the actual Rep Herring and it don't work

then your on thin ice

[ryde]

Bang on well posted.

Make the check monday but in the meantime some sort of payment plan has to be constructed, Ell-enn can help you with all this and we will keep you updated throughout the week as to what is happening with sppl regarding companies house striking them out so you can concentrate fully on getting your financial plan sorted out and if possible the amount of arrears fees you've been charged.

[enoughisenough]

JetLi

 

the correct way forward is via Ellen. She will guide through all of the things you need to do. As I said we have fought these eviction notices before and won on many occasions. But we will need to find something that lets the judge set aside the eviction notice and in the short run welsh is right.

 

As for the status of the company Ryde is also right. With a carefully constructed argument which we will help you with, there is no reason not to mention this. However in my experience the court is interested in whether you can pay.

 

What we have to do is turn it into an argument about what level of arrear they allege.

 

Have you got all your statements for SPPL? Add up all the charges such as arrears management fees, Litigation management fees, missed or late payment fees, bounced direct debit fees and arrears interest fees. All these charges are unlawful and Capstone are about to be hit BIG TIME with a fine into the millions. We can challenge those. Then the arrears doesn't look so bad.

 

THERE'S PLENTY OF OTHER STUFF.

 

WHAT I'LL DO IS I'M JUST GOING TO WRITE A CHECK LIST HERE WHICH YOU WILL NOT UNDERSTAND. OK?

 

This will be for myself and others to comment upon and add to (or delete from) your application for a hearing to the court. In order to assure you that we are going to get this right as best as we are able I'm keeping these on open so that others can advise and comment. we are all with you and will move heaven and earth to get this stopped. But you must see it in terms of If I can get the judge to agree to x I can afford the payments going forward. One hint that you can't meet your commitments and the judge will side with the lender. Understood?

 

Check list for Considerations of others

 

Unlawfully premised eviction notice

UTCCRS and recent FSA REPORT (January) Retrospective effect

GMAC-RFC and current FSA Investigation.

TFC-December 2008.

CJC Pre-Action Protocol

 

Others please feel free to expand or suggest amendments or contribute. We are going to do our damndest to save JetLi here

Edited February 13, 2010 by enoughisenough

[enoughisenough]

RE THE CHECK LIST...

 

Statutory Instrument 1999 No. 2083

 

FSA investigating five more firms over arrears | News | Mortgage Strategy

 

Particularly the anonymous comment at the very bottom of this link. Also...

 

Treating customers fairly

 

http://www.civiljusticecouncil.gov.uk/files/mortgage-pre-action-protocol-final290208.pdf

 

FSA probes four firms on arrears management | News | Mortgage Strategy

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

Edited February 13, 2010 by enoughisenough

[enoughisenough]

Additionally here's the link to show that SPPL face a current proposal to be struck off, by companies house.

 

WebCHeck - Select and Access Company Information

[jetli]

Thanks to you all AGAIN! I am now replying to Ell on the points she has asked.

1. My Husband is self-employed with his income a lot lower than it used to be.
   
2. I work Part time
   
3. We contacted Shelter back in November. We put together a Budget Plan and then she started to deal with GE and Capstone. She felt we could go on the Mortgage Rescue Scheme but it ended up that GE have said that they don’t believe this is a Temporary drop in income. To be honest the Lady I have dealt with has been pretty negative all the way through. She even told me that on the lead up to Christmas and before the New Year I should call the Court daily to see if an Eviction order had been put in! That made my Christmas.
   
4. GE or Capstone has said nothing to me, as said Capstone has had no contact with me for the last 3 months.
   

I hope some of this helps, I do not appear to have all statements from SPPL but am trying to work out the arrears and charges etc. Will post shortly.

Thank you

[ryde]

JETLI

A further couple of thoughts.Have you got anyone to represent you at a hearing as it can be daunting with so much at stake.If not get hold of the Citizens Advice Bureau asap and see if they will help.Also can you prove from your husbands accounts or books that his income has dropped ,is this a permanent or temporary situation?

[jetli]

JETLI

A further couple of thoughts.Have you got anyone to represent you at a hearing as it can be daunting with so much at stake.If not get hold of the Citizens Advice Bureau asap and see if they will help.Also can you prove from your husbands accounts or books that his income has dropped ,is this a permanent or temporary situation?

 

It should be Temporary and yes can prove BUT just opened the mail and letter to each of us from Optima - It reads

 

We refer to the above matter and thank you for your letter.

Please note that we are in contact with our clent with regards to the points you have mentioned in your letter

Once we have any updates we will contact you drectly.

If you hold any queries in the meantime please do not hesitate to contact the office.

Is this good?

[ryde]

Thats good at least theyre listening to you and taking notice of what you say,but don't relax and get caught out,get prepared as if this will go ahead and keep all correspondence safely in a file.