HELP, Possession due 22nd August 2011 EVICTION STOPPED

[tony.b.johnson]

My mortgage is with PARATUS (Formerly GMAC-RFC). I have fallen into about £10,000 arrears in a few years ago. GMAC-RFC have obtained Possession order in May 2007. There have been several attempts of eviction. Each time, I have managed to settle the arrears in full.

The last time GMAC obtained a Warrant for Possession was in August 2009. I negotiated with them and on 1st September 2009, their solicitor agreed in writing to suspend the Warrant as agreement has been reached to reduce the arrears.

Since September 2009, I have kept up my monthly payment, plus the agreed (£50.00) amount towards the arrears. In June this year, the arrangement for the arrears was due to review. PARATUR did not contact me before its expiry.

Anyway, on 4th July, I submitted an Income & Expenditure schedule form to PARATUS. They telephoned my on 27th July to say they have received the form, will review the situation and contact me.

This morning, I received a ‘Warrant for Possession’ from County Court.

I contacted PARATUS, they have assigned another agent to deal with my case and asked me to submit further information, proving that I can pay more towards the arrears!

My problem is this:

1. Eviction date is on 22nd August 2011.

2. PARATUS did not respond to my proposal to reduce the arrears (certainly not within 10 working days).

3. PARATUS did not offer me any alternative, nor given me any opportunity to negotiate.

PLEASE HELP!!

1. Considering that I have made punctual payment over the past 2 years, how come PARATUS can still applied and obtained Warrant for Possession?

2. The Order for Possession was initially granted in 2007. Does it have to comply with the terms as set out in the Pre-action Protocol for Possession Claims based on Mortgage, which came into effect in April 2011?

3. What are my chances of success, if I apply to court for a ‘Suspension of the Warrant’ on the ground of non-compliance of the Pre-action Protocol?

PLEASE PLEASE PLEASE!!

Any and all advices and guidance are welcomed.

Thank you in anticipation.

TONY

[Matt63]

There are others on this Board far more experienced in such matters, but how much are the arrears at the moment? When was the warrant dated? It is possible they have made a mistake and issued paperwork before receiving your letter and that a telephone call may resolve this.

[Ell-enn]

Hi there, all is not lost so don't panic. You can apply to the court on an N244 form asking for a hearing in front of a judge to get the eviction stopped - I can help you with that. Given that you have maintained payments since 2009 I cannot see a judge giving them possession.

 

You say the arrangement expired in June this year - have you been making payments since then?

[tony.b.johnson]

Thanks for the quick response...

1. The original arrears were about £10,000.-- it now stands at £8,600 approximately.

2. Normal monthly payment, Plus the agreed extras, were collected via Direct Debit by PARATUS at the last working day of each month.

3. All payments were up-to-date, until June 2011, when they collected only the normal monthly payment but not the additional.

4. When I noticed the difference, I made a telephone payment at the beginning of July.

5. The last payment they collected was on 29th July 2011. Again for the normal monthly payment, no extra.

6. I have since spoken to the account manager. She asked me to send in documentary prove that I can pay more each month towards the arrears. I have duly submitted them to Special Delivery today.

7. I was behind in my Electricity, Water and Council tax etc., These are now all Up-to-Date. All arrears have been paid off, with the exception of:

8. Electricity account. This is paid monthly by Direct Debit. The utility company under-estimated by usage. As a result, my account was about £600 behind. They have made adjustments from May 2011, and are collecting £178 per month from me. The NORMAL monthly usage should be under £100.

 

I will be happy to give more details if required.

Many thanks.

[Ell-enn]

Hi there, what exactly did you send to them ?

[tony.b.johnson]

Hi Ell-enn,

The following items that they have asked for:

(1) prove that my Electricity payment is £178 per month, and the estimate made by the utility company. i.e., that the monthly payment should be reduced, when thex next review it in October.

(2) prove that my children are paying funds to me as financial support -- which they have done all the time.

(3) prove that my payment to the Water company will be reduced when they next review it.

The Accounts Manager said she will look at the numbers again tomorrow when these information have been received.

But there was no promise of withdrawing action yet.

 

Tony.

[Ell-enn]

OK, give them till Wednesday to come up with an answer, if they don't accept then we can do the N244 to take to the court on Thursday, that way you should get a hearing early next week. As I said there is no way a judge will give them possession in your circumstances.

[tony.b.johnson]

That is very re-assuring from you, Ell-enn. I think my wife can get some sort of sleep tonight.

I will phone them up tomorrow and put an update here, whatever happens.

Most grateful.

[Ell-enn]

No problem keep us updated and tell your wife to have a look around the Repossession Successes forum here http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?327-Home-Repossessions-successes - that should help her to feel more positive.

 

Oh and when you speak to them - if they haven't got an answer for you tell them that you are filing an N244 at court to get the eviction stopped and that you will be asking the judge not to allow their legal costs as they are bringing the eviction action without cause.

[tony.b.johnson]

Many thanks Indeed!!

[tony.b.johnson]

Ell-enn,

PARATUS confirmed receipt of my document. Unfortunately, it can take a couple of days to scan and update them before the Account Manager can start to digest the information.

I have told her that I am not prepared to sit around and wait. I will prepare my N244 and submit them to Court tomorrow morning and I will be asking the judge not to allow their legal costs.

I hope you can help me to complete Section 10 of the N244 form. I have the following documents on hand:

1. Letter from their Solicitor on 1st September 2009, agreeing to a suspension of warrant as we agreed on arrangement towards the arrears.

2. Statement of Account from GMAC-RFC confirming payments made as per agreement.

3. Letter from GMAC-RFC dated 23rd June 2010, confirming acceptance of proposal to pay off arrears. There was a Schedule of Payment ending 28th May 2011. However, there was NO MENTION of when this arrangement would expire, or when it would be due to review. ( PARATUS said it expired at the end of May 2011, and that is was MY RESPONSIBILITY to contact them with a view to reviewing the arrangement. Is this the correct procedure??)

4. Statement of Account confirm payments made punctually up to and including 29th July 2011.

My mortgage with GMAC-RFC started in September 2002 for 25 years.

I also have copy of my Income and Expenditure that I have sent to them on 4th July 2011, but no written reply has been received.

Thanks a millions.

Tony

[Ell-enn]

Hi, I'm happy to help with the statement for Q.10 of the form. I will draft something and post on here either later this afternoon or this evening. Is the mortgage in joint names and do you have any children living at home ?

 

In the meantime I have affixed an N244 to this post and the instructions for completing the form (apart from Q10 - which I will post later) are below:

 

1.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

11 Sign and cross out all options except Applicant

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

Back shortly

n244_0400[1].pdf

[tony.b.johnson]

Thanks for the quick response and the information.

The mortgage is in Joint Names

No young children. My Son & Daughter both work locally and lives with us in this house. They contribute towards the finance of this house.

[Ell-enn]

Just one more question - where did you get the income & expenditure form to send to Paratus - did you get it from this site?

[tony.b.johnson]

I think I downloaded the form from here last year (In Excel format). I certainly did not use the form that they have sent me.

I sent that to them on 4th July. They eventually confirmed they have the form on 26th July and said will be looking at it and come back to me. They neve replied in writing.

[Ell-enn]

OK, affixed is the Q.10 statement - You will need to fill in the details at the top of both pages where there are XXX's (remove the XXX's). Also, make sure your printer is set for A4 paper (not Letter size).

 

These will be your appendices:

 

Appendix 1 – letter from GMAC dated 23rd June 2010

Appendix 2 – statement of account showing payments up to date until July 2011

Appendix 3 – Income & Expenditure statement

 

 

On each of them write the Claim number on the top left hand corner and the Appendix number on the top right hand corner.

 

 

Now assemble as follows:

 

N244 signed

Statement signed

Appendices 1,2 & 3

 

 

This forms your pack to take to the court. Make sure it is stapled securely together. You will need to take a photocopy of it all for yourselves so you have a set to refer to in the hearing. When you take it to the courtt you will need to pay a fee of £40.00 and it will need to be cash, they should be able to advise you of a date for the hearing while you are there. Ask the court staff if there will be any free legal advisors on duty on the day of your hearing.

TBJ Statement for N244.doc

[tony.b.johnson]

Thank you very much indeed, Ell-enn. You don't know how wonderful you really are!!

I will get thie application in tomorrow morning. Hopefully get a hearing before the end of this week.

Thanks.

[tony.b.johnson]

Have submitted N244 and paid the fee. Asked for the earliest hearing appointment and been promised the first available.

After 20 minutes wait, hearing is now set for 10:00 on Thursday 18 August 2011. With eviction due on Monday, 22 August, this is cutting it close.

They also said there would be free legal advisors available on the day.

Ell-enn, I wonder what I should do if Paratus come back to me this week, accepts the proposed repayment plan towards the arrears and withdraw the eviction order.

Should I still go ahead to this hearing, or will the hearing be cancelled?

[Ell-enn]

Hi, if they withdraw the eviction order then there is no need to attend hearing as you would be asking the judge to cancel the eviction (which effectively Paratus will have done by withdrawing).

 

Of course if you were brave enough you could always attend and ask the judge to award your costs (£40 fee + time spent working on defence) as Paratus delayed giving you an answer and then withdrew after you had entered the N244

[tony.b.johnson]

Thanks for the advice.

From your experience, do you feel there is any chance that the Judge will find in their favour?

I trust your previous comment that you cannot see the Judge giving them possession.

It's just that my wife is a pessimist and worry that we will not have enough time to make any alternative arrangement, if the worst should happen on 18th.

[Ell-enn]

Given that you have technically not missed a payment at all (their mistake not taking the right amount) and can show documentary proof that payments have been maintained, I am in no doubt that the judge would not allow possession, in fact I'm sure he would give Paratus a ticking off for bringing the action in the first place.

 

The court will send Paratus a copy of your N244 and when they see your defence statement I should think they'll withdraw pretty sharpish !

 

You are in a very good position with this and you should tell your wife to try not to worry so much. Point her in the direction of the Repossession Successes Forum, that should lift her spirits when she sees how many others in much worse situations than yourselves have kept their homes

[tony.b.johnson]

Feeling a little more relax now. Thank you for all your advice and assurance.

[ukaviator]

Hi Tony

 

Have you seen them adding arrears charges to the account? If they have you coukd claim these back, they would show automatically added at around £35 per month. Good luck with the hearing, it looks good to me so far. . .

[tony.b.johnson]

Hi ukaviator,

At the end of June & July, Paratus took only the normal monthly payment from my account. Their statements shown there are 'Monthly Arrear Charges' of £50.00 for each month ' when there is no arrangement in place'!!

Actually, they wrote to me on 23 June 2010, agreeing to an arrangement. There was no expiry date on that letter. They have been collecting payment via Direct Debit. They have not initiated the additional payment in June and July.

I have written to them asking for a run-down of charges added to my mortgage account, but no reply has been received.

I have now read more on this Forum and learnt a lot!

When this eviction issue is resolved, I will send them £10 with the SAR letter, and start getting back at the on their unfair charges!!

Thank you for your advice.

[tony.b.johnson]

Hi Ell-enn,

I have a call from Paratus this morning. Apparently they have not received information of my N244 application.

Anyway, they said they will be represented by Counsel. They said they will be opposing any request for suspension on the following grounds:

(1) The history of my account. There have been 9 eviction attempts -- each one is suspended by fully paying up the arrears.

(2) Ability to sustain payment. Part of my income shown on my I&E are contribution from my Son & Daughter. They said this is not guaranteed. But these contributions were listed in the I&E form submitted in June last year and accepted by GMAC-RFC!

In light of this, do you feel they have a chance of succeeding? I have confirmed, I have paid on time every month for the past 2 years.

If they succeed in opposing my application, can I ask for Appeal?