Acendon eviction date tomorrow*EVICTION STOPPED*

[mx5]

Ive been battleing out an agreement with Acendon for the last week. I owe missed mortgage payments for July and August 2011. There are previous arrears on the account but these are all for charges and fees. My monthly amount is £336.

 

They have offered to cancel tomorrows eviction at 11.30am if i can pay a total of £1500 off my account and then pay £150 a month extra to clear remaining charges.

 

I have paid £580 last Friday and will be paying another £200 this afternoon. This leaves a shortfall of £318 which i have no way of paying until the end of the month.

 

I did not get paid last month as the firm i work for went bankrupt so i have had to apply to administrators for that pay but the new owners have taken me on and i will be getting paid monthly as normal from now on. So as they have accepted on my I+E i can afford this hence the above proposal they put to me.

 

I have put in a form to the court this morning to see if i can have the eviction delayed. I can pay up to the £1500 at the emd of the month with no problem but not tomorrow. What are my chances of the judge posponing ? I would like them to just give me a new date for a few weeks if needbe until my pay comes in.

 

Can they actually add the fees and charges to the arrears total like they have ?. The total arrears figure is £2200 but these are the charges that have accumilated from a past problem with them.

 

Any help on which was this is likely to go tomorrow would be great. We have no where else to go as it was looking hopeful to pay it off with last months pay hence the lateness of it. Is a judge likely to pospone.

[mx5]

Just thought to add that we have a 14 year old son at home as ive seen this being asked on here.

[Old Cogger]

Bump

[mx5]

I have just made a £200 payment to Acendon and asked them to put forward a proposal of £800 on 1st October which would include my mortgage rate and extra to clear some of the charges.

I have also been given a court time of 10am tomorrow morning. Does anyone know what the likely outcome will be please.

[Ell-enn]

Hi there, I'm assuming you filled in an N244 form ? what did you put in Q10 of the form?.

 

Also, when was the last court action (suspended possession order) and how much have the arrears been reduced since then ?

[mx5]

Im not sure which form it was but it was given to me by the courts front desk staff member. It was one sheet and i had to pay £40. I was told by him to write on there the reasons for cancelling or delaying the eviction. I wrote on it that i had been in communications with Acendon and thier solicitors and the proposal they gave me with the amounts that were with added charges. I had cleared my previous 2 missed payments from last year and a few hundred pound from the charges. Today i found out from Acendon that they changed the agreed amount that i was paying extra from £150 a month to £188 a month. I was not told of this but Acendon told me who authorised it and the date. He also informed me that i "might not have had a letter about it" !.

Ive printed out a copy of an email that the solicitor sent me last Friday with the proposal they put to me and also stating that the missed payments from July and August totalled £1659. I will take this with me tomorrow as proof that they are adding on to the contractual amount of £336 a month. The man that i spoke to today couldnt even tell me what the contratual shortfall was so offered to send me out statements and i could work it out myself with a calculator !!. I cant believe how akward they are making it.

Could anyone please confirm that they can only claim for the actual monthly amounts.

[Ell-enn]

What were the terms of the suspended order and when was it ?

[mx5]

The original order is from 2008 this we cleared . Last May, June, Nov and Dec we missed so they went for eviction as the original order was still standing. We payed off the 2 months but this still left charges which we agreed to at £150 a month. They tried taking out £850 via direct debit for January but luckily really i didnt have that in the account. So i paid this in the bank and sorted out a DD again. Payments then resumed as normal with the extra £150 until July.

 

Im in the middle of wrtting everything out clearly so that i have it at hand in court. Im so worried over this now that they could make us homeless over such a small amount.

[Ell-enn]

Are you saying they are going for eviction over charges, not missed payments? In other words are your monthly payments up to date now? is the extra £150 to pay off charges ?

[mx5]

Yes the extra £150 is to cover charges and fees. My monthly mortgage contractual is £336 a month. I have missed July and August and now we are into September. So far this month (sept) i have given them £780 which i work out as leaving me £418 short of clearing the mortgage only payments.

Hope this makes sense to you. Thanks for helping too x

[Ell-enn]

OK, if you can answer a few more questions I could write you a statement to take to court with you to hand to the judge - would you like me to do that?. Do you have a printer at home?

[mx5]

I dont have a printer sorry. I had to use the librarys earlier and i wont have time in the morning to go before court. A few tips on what to say would be great though. I can pay the shortfall in full at the end of the month when i get last months and this months pay but are the court likely to allow a posponment as the eviction is due to take place tommorrow at 11.30am ?

[Ell-enn]

Hi, if I type something up could you copy it in writing onto an A4 sheet of paper?

[mx5]

Yes i could write it out.

[mx5]

Ive got to go off line for half hour but i will be back on then.

[Ell-enn]

I need you to answer some questions:

 

1. What was the reason for missing the July and August payments?

2.Is the mortgage in joint names?

3.Are there any children living at home?

4. Do you have any statements from Acenden showing the charges?

[mx5]

I need you to answer some questions:

 

1. What was the reason for missing the July and August payments?

Julys DD didnt go out. I wrote to them asking why but they didnt reply. I didnt want to pay them twice so held back incase they tried again. They have since said that my bank cancelled it but im yet to find out why.

Augusts i couldnt pay as my wages were not going into my account due to my employers going bankrupt. They have since been bought out my new owners and i have been re-employed by them. I have had to apply for the wages through the national insurance scheme and the insolvency administarators. I have been advised that they will be going into my account around the end of this month.

 

2.Is the mortgage in joint names?

No.

 

3.Are there any children living at home?

Yes a 14 year old.

 

4. Do you have any statements from Acenden showing the charges?

Yes i have a few which i have ready to take with me.

[Ell-enn]

OK, I have affixed a statement which you should copy out - where there are xxx's at the top you need to put in the info which you will find on the eviction notice.

 

Is there a newsagents or some other shop nearby where you could get the statement photocopied before going to court? you really need 3 copies, one for the judge, one for the other side's rep and one for yourself to refer to in the hearing.

 

Try to get to the court early and ask the usher if there are any free legal advisors on duty, if there are approach them and they can accompany you into the hearing and support your case. Once you are in the hearing, wait until the judge has finished his introduction and then say "Sir/Madam, may I give you an up to date statement" then hand it over to him/her and pass a copy to the other side's rep.

 

Did the court give you a copy of the N244?

MX5 N244 Statement.doc

[mx5]

Thanks so much. No i never got a copy . Do you think they will pospone it ?

[Ell-enn]

I can't see any judge ordering eviction when there is less than £500 arrears and you are able to make payments each month to clear them and I'm confident you'll be ok. Do you think you'll be able to get the statement photocopied before the hearing?

 

When you have got the hearing over, you need to start the process of claiming back the charges from Acenden, we can help you with that.

[mx5]

Yes i will be able to photocopy it on the way. We have thought about trying to claim back the charges but have been terrified to do so. If all goes well in the morning though that will be the next step.

I will let you know how it goes and its comforting to know that you are confident it will go my way.

I cant thank you enough for your help.

[Ell-enn]

You will be ok don't forget to ask if there are any free legal advisors on duty. Also, the rep for Acenden may approach you and want to discuss your offer - they are usually hired at the last minute to represent the lender and won't have all the details of your case so they try to get the info from you!

if you don't feel comfortable with that then just say you would prefer to wait for the judge to decide.

[mx5]

All went well and the order is suspended. The Solicitor for Acendon could not understand the statements that she had been sent !. The Judge didnt even want to look at them. He was concerned that there was no actual breakdown and said that Acendon needed new calculators if they work out 2 x £336 monthly payments is £1600. He advised me to get someone to look into what they were charging for and take further action from there. He said that there was noway he would be evicting us. I did get a slap on the wrists for having a previous order .

Thanks so much for all your help. I cant wait to have a good nights sleep tonight.

[Old Cogger]

All went well and the order is suspended. The Solicitor for Acendon could not understand the statements that she had been sent !. The Judge didnt even want to look at them. He was concerned that there was no actual breakdown and said that Acendon needed new calculators if they work out 2 x £336 monthly payments is £1600. He advised me to get someone to look into what they were charging for and take further action from there. He said that there was noway he would be evicting us. I did get a slap on the wrists for having a previous order .

Thanks so much for all your help. I cant wait to have a good nights sleep tonight.

 

 

Snore 111111111111111111snore 111111111111111111111111 snore 11111111111111111 great follow what DJ said?

[Ell-enn]

That's brilliant news - well done:) (I knew you'd be ok)