Eviction Date Given - Help please

[Ell-enn]

Hi there, I'm at work at the moment but will be back on line later tonight and able to help you with the form then. I can draft a statement for Q.10 for you.

[kazma]

Hi

I'm just chasing up the FOS as I've not had the update they said they should have today.

We've not heard anything from Eversheds/FP. They are quick to send the eviction letters out but nothing else.

If you get time could you help with the form, should Monday be ok to get it to Court, that gives us more than a week and I will be more able to get time off work to attend (I've been on a course for the last 3 days so I've not been on the computer as much)

 

K

[Ell-enn]

If you get it to the court on Monday, that will be fine. I'm sorry for the delay in replying but I didn't get back from work till later than planned last night.

[kazma]

It appears the FOS are having difficulty getting any answers from FP.

They spoke to them on Wednesday and was told we needed to speak to Eversheds, funny how Eversheds have acknowledged my e-mail I sent to them Monday of the previous week in which they said they will need to discus this with their client.

The FOS have asked FP in the circumstances to fast track our payment and was informed that this could take 4-6 weeks - they can fast track an eviction notice though

Not very helpful are they ?

K

[kazma]

Hi Ell-enn

I'm going to be completing the N244 form tomorrow morning.

What do I need to put in Q10.?

 

K

[Ell-enn]

I'll draft a statement for Q10 and post on here tomorrow morning.

 

Is the loan in joint names?

Are there any children living at home?

Is your mortgage up to date ?

[kazma]

Morning Ell-enn

Yes, the loan is in joint names

There are no children at home

No, the mortgage isn't up to date, we are in the same position as FP. we are going to contact them though and get everything sorted just need to sort FP out first.

We can afford everything each month, we have set up repayment plans with our non priority debts (these will be paid off by March, mostly payday loans, I think one per month till March will be paid off)

Determined to get this all sorted

K

[Ell-enn]

I take it that you still don't know how much the monthly payment to FP is ?

[kazma]

Hi Ell-enn

No we don't know the monthly payment, or any figures for that matter.

A quick history, we had the suspended order in Nov 2008. Nov 2008 we cancelled the PPI and had a refund of PPI, this had to go the capital (FP policy), we went for the misselling and was offered a further goodwill refund (this would go off the arrears). we didn't agree with their findings and went to the FOS. July 2009 FOS adjudicator found in our favour but FP didn't agree although they said they would recalculate the loan without PPI but not pay any compensation, we then went to the ombudsman who found in our favour (Aug 2010) since then not heard anything from FP. In June 2010 we got a letter from Eversheds saying we had not kept up with the susp order, we told them about the complaint with the FOS but they didn't know anything about it, a futher letter from them said if we accepted FP initially offer of the goodwill full refund gesture they would restructure the loan and confirm the monthly instalment but if we do not then the monthly instalment remains as per the terms and conds of the loan. Surely as we cancelled the PPI in Nov 2008 the instalment figure shouldn't be on the acceptance of the full refund.

K

[Ell-enn]

Ok, I'll finalise the statement. I've got to go out for about an hour but will post here when I get back together with the instructions for completing the N244 - is that OK?

 

How much is the FP payment if it were to stay the same ?

 

Have you done a budget sheet to go with the N244? the judge will want to see one - I've affixed the one we normally use. The sheet calculates automatically when you fill it in - make sure the amount you can offer towards the arrears is the amount left over after everything else is accounted for.

Budget Sheet.xls

[kazma]

If the amounts remained the same the FP payment is £440 per month and the susp order is another £50 ontop of that

[Ell-enn]

ok, have you done the budget sheet yet ?

[kazma]

Hi Ell-enn

Sorry I did not get back to you yesterday but I had to go out and didn't get back till late.

I've not done the budget sheet yet, I'll get it done today but it will probably be the same left over as before £50 not much has changed.

K

[kazma]

I'm just doing the budget sheet.

I've got some payday loans, do I put these on ?

I've got repayment plans set up with them and they will all be paid off by March

 

K

[Ell-enn]

Yes, just put them at the bottom of Step 2 where it says "Other" change "other" to "Loans"

[kazma]

OK

Doesn't really give us any spare left over,although I have included the £50 which we agreed in court, plus the FP payment is the one still including the PPI

but as I mentioned payday loans will be paid off by March, two are due to be paid off this month. I've got them all set up as repayment plans with interest frozen so I can budget for them

 

K

[newstarter]

Hi Kazma i have read your thread through and im guessing that the reason that this issue has gone so far is due to the origional possession order granted in 2008 which obviously meant that FP had no need to go through the whole court process from the begining,they could short cut straight to an eviction order.I believe Eversheds were right in their initial response that FP should not have taken this further while the account was in dispute,however my guess is they were in touch with FP after that phone call and were instructed otherwise.This matter should have gone no further while the F.O.S were investigating the ppi miss-selling claim from your side as the outcome would affect the amount you pay per month,the total amount outstanding and the amount you have already paid,so im wondering here if the origional possession order should have ever been granted in the first place.To get the order lifted you would have to show a judge that the order should never have been granted in the first place and as ellen says this might be worth a shot,especially as the F.O.S have found in your favour thus the 2008 hearing would have been based on completly innacurate figures due to the dramatic effect their insurance would have had on them.Theres another issue here, there seems to be some confusion over whether money owed by FP after the recalculations should go to the reduction of arrears or the outstanding balance,i would argue that any monies owed should have cleared your arrears and reduced the oustanding balance had FP acted on the findings of the F.O.S.They are dragging their heels over this which leads me to suspect they want their day in court no matter what.Your paying them 490 pm including arrears when the ppi is taken off thats going to drop substantially and taken over the full term of the loan someones going to miss out on an awful lot of money here and that is i believe the crux of the matter.I dont think you have anything to worry about in terms of getting this eviction order suspended,FP dont have a leg to stand on,in fact there may be questions asked of FP,s apparent delaying tactics on re formulating the loan terms after the f.o.s decision.

[kazma]

Thanks for the reply Newstarter.

This is what I am thinking.

The FOS acknowledged our acceptance and said if we had not heard within 28 days to get back to them. I'm sure that within that time FP got the eviction date.

K

[Ell-enn]

OK, I'll affix the statement for Q.10 when I get home - can you get the N244 to the court tomorrow?

[kazma]

Yes, my husband's all set to go to the court as soon as it opens in the morning

 

K

[newstarter]

Yes without doubt FP would have had the eviction date alright.This outfit are owned by Barclays and they have been trying to sell FP since May 2006,i notice they are not taking on new business so i guess they are trying to call in some of the loans they made to make the company more atractive to potential buyers at the expense of existing customers rights of course. Make sure that n244 and all the paperwork that ellen provided you with is down the court tommorrow morning asap,because give them an inch..................

[kazma]

Apart frpm the budget sheet is there anything else that we need to attached to the N244 form - just making sure I have copies of everything and it's easier to copy at work

 

K

[Ell-enn]

You need copies of all the FOS and FP letters you have regarding the refunding of the PPI and compensation offered together with the budget sheet.

 

 

Affixed is the statement for Q10 of the N244. When you print it out make sure your printer is set for A4 paper (not Letter size). You need to enter the info where there are XXX's at the top - you will get the info from the eviction notice.

 

 

On the copy FOS & FP letters - write the Claim Number on the top left hand corner and

Appendix 1 on the top right hand corner. Do the same on the budget sheet except it will be Appendix 2.

 

 

These are the instructions for completing the rest of the form:

 

1. Your names

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

 

 

Now assemble as follows:

N244 form

Statement

Appendix 1 - letters

Appendix 2 - budget sheet

 

 

This forms your pack to take to court - make sure it is stapled firmly together. You should take a copy of it all for yourselves so you have a set to refer to in the hearing. You will need to pay a fee when you take the pack into court - £35.00 and it will need to be in cash. The court staff should be able to tell you the date for the hearing when you hand in the N244.

 

 

Any questions, just shout.

Kazma N244 statement.doc

[kazma]

Nearly there, just one question

Do I just make 1 copy of the pack for myself or do I need a copy for FP also

 

K

[Ell-enn]

You could take another copy along to the hearing if you want, but the court should send FP a copy before the hearing.