any advice please

[nemasis21]

it gets worse water company arrived cant gethe water on tonight needs a gang to dig up the road can you believe so now 2 days without water or toilet facilities should we g to an hotel and send the bill to the bailiffs??? any sugestions

[Ell-enn]

You should write down everything that happened in the order the events took place. Start with the hearing and the order the judge gave, then carry on with what happened when you got home, detail everything!

 

i.e.

 

Date: ..........Time: .................................... Event

 

17th March...... ? ....................... Hearing to oppose eviction. Judge XXX gave

.................................................order to suspend for 28 days.

 

18th March...... ?........................ Came home to find .................

 

etc

 

etc

 

Once you have all this you can start to make your complaint to the court.

 

Have you received the order from the court detailing the 28 day suspension?

[nemasis21]

no letter from the court as my letter box has been locked up

[Ell-enn]

Did you speak to the court today to tell them what had happened?

[nemasis21]

i went to the court they gave me £60 for the bill for the first plumber

[nemasis21]

hi can anyone tell me what actually happens when you submit a n244 to court is it the courts whose job is it to notify the lenders the lenders solicitors are saying they didnt get notification thats why they didnt send anybody to court and thats why the eviction took place not sure as to believe them because last time they didnt turn up to court either there is now an investigation as to who is responsible for the blunder and who is going to pay for the distress we have encountered along with the damage when we got back to court they will im sure be somebody there from the lenders. as the judge has requested a breakdown of the arrears 1156.66 plus fees balance 4719.79 can they mount there defence on that day because they missed the original hearing i want to be prepared for what happens any help please

[Ell-enn]

The court should send a copy of your N244 application to the lender so they can prepare for the hearing. Either the court has failed to act properly or the lender has not acted on the notification from the court. Either way, it's not your fault - you have done nothing wrong and you should be compensated for your distress.

 

Make sure you get that list of events up to date with all the costs you have incurred against each one.

 

It might be a good idea to contact your local MP and ask for his assistance.

[nemasis21]

just a quick update i havent received notification from court as to when the new court hearing is should i ring the court seems odd i spoke to the mortgage solicitors they saying they never received notification of last weeks hearing surly the court cant make so many errors on 1 case

[nemasis21]

court date received today 21st april 30 min hearing says the defendant pays the current monthly instalments together with an additional rpayment of £80 towards the arrears the correct figure for which remains to be established the claimant shall at least 7 days prior to the adjourned hearing file and serve full details of the mortgage account including payments made and charges applied since the suspended order was made june 08 I also received 2 letters from the lender 1st letter saying if want a list of charges and arrears i have to pay then £25 as i had received my yearly statement which was 30 th june 09 2nd letter read today we have debited the sum of £213.47 to your mortgage account in respect of building insurance contingency. unbelievable i have building insurance dont need there contingency thank you very much still looking for more ways to fleece me i checked back on my yearly bank statement i only missed 1 payment in dec so the arrears figure isnt right either will the court let me see there figures prior to the hearing???

[nemasis21]

received letter today from lender says they will send me uptodate statement if i pay £25 not giving then another penny more then i have 2 as the judge as ordered then to serve the papers 7 days prior do you think i will get a chance to see these ell enn if your around whats my next step please

[Ell-enn]

We can do a statement for you to take to court on 21 April detailing everything that's happened, plus the fact that they want you to pay £25 to find out what the true arrears are!

[Silverado 2011]

Surely they can't charge for a statement.

 

I'm no expert but you must be able to use that against the mortgage provider if thats the case.

[nemasis21]

ty ellen a letter would be good just shows how we are getting ripped off by these people i am going to challenge the £300 they charged me for the eviction fee they want me to pay what a joke

[Ell-enn]

OK, we've got plenty of time to put together a case for your court hearing. I will be away from next week until Friday, but will check with you when I get back. Don't worry - we'll have a good statement for cout:)

[nemasis21]

thanks ell-ann i have spoken to a solicitor at the law centre who says i should get the breakdown of arrears and charges 7 days prior to the hearing as that is what the judge has ordered so waiting for the post they got till wed this week to send it to me would be grateful if you could help with a lletter to the court for me

[Ell-enn]

OK, let's wait till wednesday to see if the info comes in the post, then we'll get to work on the statement for court.

 

Did you do the list of everything that went wrong when the eviction happened?

 

Also have you got a copy of the letter you sent to the lender asking for the statement of account and their reply asking for £25 for the statement? We will need all those to go with the letter you take to court.

[nemasis21]

hi ell ann yes i have got the letter and the list all in duplicate and also a letter stating i have been charged a further £300 for the eviction cheek of them piling more charges on

[nemasis21]

hi ell ann if your about about today i have received the staement hat the mortgage company have been asked to send to court hey are quoting court cases eg bristol and west building societyv ellis & anor 1996 and ar asking for immediate possesssion see royal canada trust co of canada v markman also i dont understand the following statement quote

Where discharge of all arrears by periodic payments is proposed whether term or repayment is the starting point in derermining he reasonableness of the period for payment of sums due under the mortgage see chelt n glouc v norgen im confused please help

[Ell-enn]

Looks like they're willing to accept monthly payments towards the arrears (Cheltenham & Gloucester v Norgan is the case law to support this, and we will quote that in our statement also).

 

I will work on the statement for court in the morning and post on here.

[nemasis21]

thanks ellann but i dont think they are willing just read another page they say in light of the fact the defendants are unable to demonstate that they can maintain payments to clear the arrears the claimant seeks that the defendants application be dismissed

[Ell-enn]

Hmm, well that's for the judge to decide, not them!

[nemasis21]

well lets hope the judge is in a good mood at least they are now saying mortgage arrears as at 6th april 2010 1077.15 shows i paid march installments but they very clever i had an arrangemrnt in place to pay the mortgage on the 28th of the month but still put due 1st of the month to make it look like missed and late payments i will draw this to the judges attention

[Ell-enn]

Did you have an agreement in writing from them to pay on 28th of the month ?

[Ell-enn]

Also, have they sent a statement showing payments and their charges as the judge ordered?

 

As your arrears are only just over £1,000 and you are offering £80 per month to clear them, there is no way the judge will evict you !

[nemasis21]

hi ell- ann i have now read through the list of charges and payments i was 400 in arrears and they charged me 288.63 and 88.63 on the same day for asset management fees as well as the normal £75 .00 they charged me every month for management fees what is asset management fees??? also they say i have had 4 eviction dates 30 july08 31 july 08 that was when i paid them the full contractual arrears i have a lot of challenging to do they have added all sorts of fees and when i added them up the figure they quoted doesnt add up i received a letter saying they will change the due date and also about the arrears being paid back but still adding management fees of £75.00 which they dropped to £50 last month also a further charge of £213.00 for building insurance which my insurer faxed them a copy of in jan.i am going to fight the fees balance after wed but need to get this eviction suspended or even thrown out as the judge thought they cant use the possession order from july 08 as i paid the arrears in full your help with a letter would be much appreciated thanx xx