Suspended possession again with Acenden....

[nicolee2931]

i have been sent a letter today from Acenden's Solicitors TLT stating,

that as we had as we had broken the terms of our suspended possession order Acenden were again going for repossession again

and that an application had been made to the court on the 3rd October 2012.

 

We had sent a letter to acenden back in August stating that our son who has a serious heart condition had been admitted to hospital to have heart surgery performed,

and we explained that due to a sudden loss of income from my wife taking time from work we MAY not be able to meet our financial commitments

but explained we would gradually make up the shortfall upon my wife's return to work.

We never heard anything back from Acenden until their solicitors today.

 

We paid what what we could in August, September & October and have calculated our shortfall to be around £800,

I cannot understand the brutality of these people considering what we have been through with our son over the past 7 weeks,

our son has only recently been discharged from hospital and I have only returned to work this week.

 

The question is what do we do now, the letter from Acenden solicitor states we will hear from the court in due course regarding an eviction date.

 

We were having a good run of it and stayed out of problems for 18 months and then our son got took ill suddenly then boom it all starts again.

 

Our other successful thread is below;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?282746-Capstone-restored-possession-hearing.-**SUSPENDED**

[Lea_HTH]

Try not to worry.

 

If you had 18 successful months of meeting your commitments, and have proof of such until this blip due to your child's ill-health and his mother needing to take time off work to care for him, then you will have a very good explanation to offer the judge as to why you have fallen behind. It would be a very harsh judge who did not consider that to be a valid reason to stay an eviction.

 

When you receive the notice of eviction, you will need to file a stay application on form N244 in order to get a hearing before a judge- but as you have done this previously, you will be aware of the procedure.

[Ell-enn]

Hi, I replied on your other thread

[nicolee2931]

Thanks all, I will wait for the eviction date to come through but I will get the N244 ready in the mean time so I can just take it along to the court when I know what is going on.

 

If I get stuck I'll be back.

 

I have a good mind on the day of the hearing to take pictures along of my son in a induced coma in intensive care with a 10 inch cut up his chest just to show how despicable this company is.

[Lea_HTH]

I don't think your final paragraph would help your situation. It's quite exploitative of your son and unfair on him too. It is sufficient to state that him being in hospital was sufficient to mean that you needed to be at home with him and that is the reason for falling behind. It is a perfectly valid reason and as I said earlier, it is unlikely a judge would evict you on that basis, particularly if you have an income and can continue to clear the arrears.

 

The bottom line is the mortgage company want their money - yes, they should offer some forbearance, but they are entitled to their payments regardless.

[nicolee2931]

I get your point on the last paragraph, I can continue to clear the arrears and make up the small shortfall we made up over time.

 

However I have felt at every single point we have ended up in a courtroom with Acenden we have had to prove our point without doubt, and its simply not fair and quite callous of them really.

 

I totally get they we need a house to live in and a mortgage needs to be paid theres no such thing really as a free lunch, its just the feeling I get from Acenden is that they want shut of each and every one of their customers at whatever cost, and purely its wrong. The slightest blip for whatever reason always end up in court without any negotiation before hand.

 

They are just very nasty characters in general terms.

[nicolee2931]

Just an update, we entered an N244 along with income and expenditure. And we had a date for a hearing on the 19th November. We both attended, and to be fair we couldn't have asked for a better judge.

 

The DJ had read all of our submissions and the N244, and was totally shocked that Acenden hadn't backed down considering our circumstances.

 

He branded them monsters for preying on unfortunate victims, and sent a strongly worded message back to them via their representing solicitor that their behaviour would not be tolerated before him.

 

He asked us if our son was okay, to which we replied he is on the mend, and said he had no intention of taking our home from us as our personal statement clearly shown we could pay the current monthly payment + the arrears.

 

Sorry for the late reply as we only had the order from the court confirming the arrangement on Saturday.

 

We just have the car finance to sort out now, if that goes to court I hope we get the same judge.

[Ell-enn]

That's good news - well done

[Debvfm]

Good news well done lets hope they think twice before going down this avenue again!!! x

[nicolee2931]

Well my next action is to get the £4800 in fees they have included in the arrears back, we have all the statements showing this.

 

Is it as easy as sending a couple of letters before action and then entering proceedings if they won't budge?

 

I don't mind another day in court for the fees, as at £115 quid a time, how can Acenden reasonably justify that?

[dx100uk]

fill this out:

 

This fourth spreadsheet is useful in calculating a regulatory based compound interest award for PPI on a Revolving Credit Account. Not all statements are required for this sheet because it will work out the compound interest on the PPI payments you do know about. It will not work out the additional 8% interest, to do that you will need spreadsheet three above AND all of your statements.

 

FosCISheet v101.xls

 

 

dx

[nicolee2931]

I don't normally enjoy resurrecting old threads however on this occasion I feel it is necessary.

 

After many long fights with Acenden in the court room over the last 4-5 years,

we have finally decided to sit back and let these monsters get what they have preyed for over the years,

our beloved home.

 

There are many reasons behind this decision,

the main ones being our son who has serious issues with his heart is still not in the best of health

and requires care from our oldest son on an almost daily basis now,

 

also my hubby who was injured in a car accident 4 years ago

has now been told by his Consultant Neurosurgeon he will never work again

due to his injuries and level pain medications to control his symptoms and pain.

 

In addition it has been realised these predators Acenden will never give up no matter how hard and how long you fight them for.

 

However what I can say is a huge burden has been lifted from us,

our family are being very supportive in offering us somewhere to stay

and taking in our possessions as so they don't have to be put in storage

which is another cost we don't have to worry about.

 

In some sense this has brought a closely bound family even closer still.

 

While most would see this as doom and gloom

we see this as a new beginning without the issues of this monster always preying over us

to watch us trip and fall when we are not looking.

 

I am aware of most of the dirty games Acenden will play once they get their clutches on our home,

but what I can say is no matter how much they try to inflate our liabilities to them after the repossession,

they won't get a single penny from me that is for sure.

[Lea_HTH]

Just a quickie...

 

Given the long term health needs of two members of your family, you may be eligible for the mortgage rescue scheme, which might allow you to be able to stay in your home.

 

Worthwhile making an application (if you haven't already done so in the past), to see if there is any assistance available now your circumstances have changed.

[nicolee2931]

Just a quickie...

 

Given the long term health needs of two members of your family, you may be eligible for the mortgage rescue scheme, which might allow you to be able to stay in your home.

 

Worthwhile making an application (if you haven't already done so in the past), to see if there is any assistance available now your circumstances have changed.

 

It is something I did consider, however time is short, Acenden already have a suspended possession order and as far as I'm aware they only have to get an order to evict rubber stamped by the court, which could happen quite quickly if our local court isn't busy.

 

I have an appointment with the housing options team on the 1st April but even this I fear will be too late.

 

I'll give them a call Monday to see what can be done. I have applied for local authority housing but they are trying to say I made myself homeless! Can't see how that's possible after my youngest son was diagnosed with degenerative valve disease of the heart shortly after completing the mortgage 6 years ago and my husband suffered a life changing event in a non fault RTC 4 years ago. This didn't come about because we were negligent, this happened because of something beyond our control, and could realistically happen to anyone.

 

However thanks for the advice.

[caro]

Do you have any equity in the house? If so and you can manage it, you'd be better to try and sell it yourself.

[nicolee2931]

There is not a lot of equity in the property or we are just about breaking even. Problem was we were led down the Acenden route for very specific reasons, mainly because the property was originally of PRC construction, and was PRC repaired which bumped up the price. In addition the charges these vultures have been adding on has basically wiped out any payments we had made. Which probably is why they have these high charges.

 

Basically with the ill health of my son and husband, plus holding down a full time job, trying to sell the property is a no go, I basically have too much going on in my life to deal with this evil company.

 

While I'm thankful for all input and solutions, i've basically been worn out solely because of this company and their constant predatory ways. I haven't got any more fight in me, and to be honest I've got more pressing matters to deal with. While my decision to let this just happen may seem drastic to some, I've read many stories where folks have just let it happen and its been a relief to them, specially when dealing with the likes of this evil parasite.

[caro]

Oh I absolutely agree with you Nicolee and wish that more could see that at an earlier stage before putting themselves through years more misery at the hands of companies like acenden.

 

Your life experience has made you realise what's really important in life. I just hate to think that you might lose out by letting them deal with selling it, or that they might chase you for any shortfall.

 

I hope when this is all over and you've had some breathing space, that you might think about getting those charges back.

 

Whatever you do though, I wish you and your family the very best of luck .

[BornThisWay]

Nicolee I am very sorry to hear of the awful treatment you have received.

 

 

I would like to make everyone much more aware of the nasty tactics of sub-prime lenders who since the banking crisis have simply wanted to evict any borrowers they have where there is even a sniff of being able to do so.

 

 

This goes against the advice of the Council Of Mortgage Lenders and very much against the wishes of government of every colour, who do not want to see people losing their homes.

 

 

Some of the grubby little sub prime lenders who were only in it for the money are now desperate to get out and will use every tactic in the book. They are bullies, pure and simple, who seem to employ the most low grade staff who seem incapable of either understanding, or caring, about the circumstances of the individual.

 

 

At the very least, when the dust has settled, do try and find time to complain to the Financial Conduct Authority about this low life company. You might just get them fined - and the one thing they hate is paying out money!!

 

 

Good luck in the future. You are a much better person that these nasty little loan sharks!!

[Lea_HTH]

Hello,

 

We may be able to help you. We deal with lenders and solicitors all the time. please

 

(please note we are not a house buying a company, we purely specialise in stopping the repossession taking place)

 

Our number is

 

Thank You

 

Your company is listed as dormant...may I ask why you're trading?

Edited March 23, 2014 by ScarletPimpernel
Commercial information removed

[dx100uk]

please do not reply or contact them Nicole!

 

dx

[cher69cher69]

Hi Nicole

I just wanted to say my heart goes out to you and your family and I can totaly understand you feeling like giving up.

 

I have been in a similar situation with this lot since 2007 and

had a suspended repo hanging over me since 2008

 

I have taken them to the FOS twice and had some results.

 

All I can say is please take your complaint to the FOS and do it now while you are still in your home

dont let them get off scotfree without any recourse whatsoever

 

you have suffered and deserve to be compensated for what they have put you through.

 

Trust me I know what I am talking about and I know that feeling because it is how I have been feeling recently

and I am about to start a new thread because I am in the process of replying to the ombudsmans final decision and need advice.

 

I hope you find the strength for one last push at these vultures just to have the satisfaction that all the years you have battled against

this company you get some kind of compensation.

 

Take care of yourselfand good luck for the future kind regards cher69

[nicolee2931]

Well yet again I hate bringing old threads back to life, but I feel this is a story of part success over evil.

 

My last post was basically me giving up and letting these monsters take our home, well over a year and we have moved on. We did eventually get accepted onto the mortgage rescue scheme with 1 day to spare. Our local citizens advice arranged the mortgage rescue scheme and we remain in our home which was sold to the local authority, who have been great and due to my son and husbands disabilities the authority along with assistance from CAB have made many adaptations to our home including ramp access for my husbands wheelchair, a new purpose built bathroom with wetroom, and a stairlift, which has been a great help for my husband and son.

 

The sale of the property went back to the council in September 2014, this left us with at shortfall of £8400, however alongside the mortgage rescue scheme we realised we had charges totalling £6400 which we pursued Acenden through the courts for. Lets just say the shortfall of £8400 no longer exists and we had money in our pocket left over, and that doesn't include any judgement the FOS may find in our favour when they finally make a decision.

 

Thats it on a positive note. And we are happy how things turned out in that respect.

 

On a less positive note, our sons condition continues to decline, and as a result he requires surgery again later this year to fit a mechanical aortic valve which will leave him taking blood thinning medication for life.

 

My husbands health is also declining in relation to his lower back issues, he has to have steroid injections into his lower back every 6 months and along side his current problems he has been diagnosed with Cauda equina syndrome, hence the reasons his health never improved since his back surgery.

 

My health also went from good to bad, I was diagnosed with Fibromyalgia around the same time the sale of our home went through, my GP believes it was brought on from the stress of family life and the nightmare Acenden put us through. I'm still working as that is the only way I can cling to normality with the ill health of my son and husband, plus it keeps my own illness at bay. I've just completed a evening college course with the CIPD in Human Resources as so I can increase my earning capacity.

 

So really this is a story of eventual freedom from an evil master being Acenden, I hope others find comfort from my experience who are going through repossession, if I knew it was going to work out like things have I wouldn't have fought so hard and would have sold to the council a long time before all this. There is light at the end of the tunnel in repossession, sometimes the fight is worthwhile, sometimes it isn't.

 

At the end of the day you have to do what is right for you and put your health and that of your family first.