Webb Resolutins Evicted me please help!!

[bayman292002]

Hi All

Really need your help with my situation please guys!

 

On the 7th February my family and i were evicted after 5 years of fighting. We had 10+ court appearances and although we should have maybe seen it coming it has come as a great shock especially to our kids.

 

Details:

Lender: Webb Resolutions administrated by Lapithus servicing

Mortgage Amount (nett): £204815.00

Arrears Balance: £3062.45

Closing Fees & Cost balance: £8953.63

Additional Interest: £886.07

Total Balance Outstanding: £217717.15

Property valued at £275000 by 2 local agents

Mortgage is interest only.

I have 2 children aged 15 & 17 in full time education

 

Questions?

They have given us 14 days to remove our goods but are making it hard as possible, do they need to be like this?

What can i claim back in regards to the charges?

At the hearing the solicitor painted the picture that we were in negative equity, this is clearly untrue.

We have been told that the house must be sold for a reasonable amount, how is this set?

We are being charged £20 an hour for a house sitter while we remove our goods, is this fair?

The locksmith damaged several items during the repossesion, i have recorded the damage

 

We kept the lender informed at all times, I was working as a self employed builder so income had been erratic. We had put the property on the market to try and protect our equity but the market is very slow in our area.

 

Our local council were unable to offer anything suitable, only a single room in a bedsit 50 miles away from our kids school. They advised us to find a local private rent and contact crisis loans for a rent in advance. The guy I am working for has kindly let us stay in a 1 bedroom flat that he owns but so far I have had no joy with any help from the government or any department.

 

I am currently working as a self employed taxi driver so with all the moving and chasing financials i have not been able to earn much which doesnt help the situation at all!. I have never claimed anything off the government and feel let down by the system and very angry. I emailed my local MP but, you guessed, he has not even replied!

 

I would like to thank everyone in advance for any guidance you may be able to give and I will make a contribution to the forum in respect of this

 

Regards

Neil

[Professor Fate]

Can you give some more background about the other 10+ court appearances in brief? Mentioning what happened, what agreements were in place and what subsequently went wrong or right?

 

How did the company get possession this time vs all the other times?

 

What were the net payments pm?

 

How many payments you made up till repossession?

 

Closing Fees & Cost balance: £8953.63.....what is the breakdown of how they came to these figures?

 

What do you want to resolve, do you want to get back into the property and make an agreement with the mortgage company or just let them take the property and go for a sale and get some money back?

 

Regarding your questions....

 

1) They have given us 14 days to remove our goods but are making it hard as possible, do they need to be like this?

 

No, but its not unusual to make it so.

 

2) What can i claim back in regards to the charges?

 

Check your mortgage agreement and see what small print there is about charges. Unfair charges for late payments, visits and other costs can be reclaimed. Did they charge for anything for attending court for example? Cost of locksmith etc?

 

3) We have been told that the house must be sold for a reasonable amount, how is this set?

 

By local market conditions and its totally subjective. If they are offered say 250k for it that would be reasonable, if they were offered 150k for it that would be unreasonable. Normally they just sell it for the first half decent offer so long as it covers the the cost of the mortgage and fees.

 

4) We are being charged £20 an hour for a house sitter while we remove our goods, is this fair?

 

I dont see why they need one at all? Check terms and conditions and ask from the mortgage firm if it is covered in any terms you have signed. Get anything in writing from them. All the possessions in the house are your bar the fixtures eg. dont remove radiators. If its free standing like a fridge, cooker etc no problem take everything you want.

 

5) The locksmith damaged several items during the repossesion, i have recorded the damage

 

Technically the house at this point doesn`t belong to you, so forget about it. If you however get the house back then you can make a claim for damages from the mortgage company.

[bayman292002]

Hi, Thanks for your time in reply.

Ill start at the top and answer the best I can. Most of our paperwork has been quickly packed for storage!

 

Basically the history of court appearances goes back 5+ years. I owned my own business that ceased trading and we had used our own "mortgage" money to keep the business alive, stupidly!. The court dates were a series of eviction dates/suspend warrants and us paying large chunks off the arrears and agreeing to pay back the rest in payments alongside the regular mortgage.

 

The net payments were £790.83 plus £100 pcm off the arrears.

 

We had made payments under the order but did miss 1 due to lack of work although they had already spoken of there intention to go for possesion by December.

 

The fees and charges balance is made up of various late payment charges/management fees/solicitor fees/dog warden fees. We have recieved no correspondance regarding the costs of eviction and locksmiths etc .

 

We have no intention of making a deal or trying to move back in to the property but we do feel we are going to lose all of our equity and i think this is harsh.

 

I have no explanation for why this hearing was different. The judge warned me last time that she didnt want to see me again but I didnt feel we needed to go back. The lenders representative this time was a cut above the rest and i really didnt get a look in, when i questioned her basis for us being in negative equity i felt my words fell on deaf ears and the judge had already made her mind up before i had even walked in the room.

 

Many Thanks again for your time

Neil

[bayman292002]

Any more help guys?

Thanks

[bayman292002]

Hi, could really do with some more help on this.

Many Thanks

Neil