Arrears Cleared - Will not cancel eviction of 7.11.13 ** Court withdrew Warrant of Eviction **

[EllsBells12]

I have fell into arrears on a suspended repossession order. I have been lucky enough to be able to clear the arrears in full, and pay one month in front.

The mortgage company are saying that because of past payment history, they will not cancel eviction date of the 07.11.13.

Are they able to do this? ?

Do I need to go back to the court with an N244 to get eviction date stopped ?

[sillygirl1]

You should go back to the court and inform them all arrears are paid via the N244 and provide evidence, and state that this is a vexatious case now and should be dismissed.

 

You can also get a 'certificate of satisfaction' for the original case too.

 

Don't forget to get reclaiming on the charges the company have hit you with.

[Ell-enn]

You can only get a certficate of satisfaction for payment of a CCJ not arrears on a suspended possession order.

 

You should certainly apply to the court on an N244 to get the eviction stopped. I shouldn't think the judge will be too pleased at the lender wasting court time when there are no arrears. Have you got proof of the payment you made? are they claiming you owe arrears fees?

 

Who is the lender?

[EllsBells12]

They have added £1,050.00 arrears fees into the mortgage arrears that I have cleared.

 

I do have proof from my bank that the amount has been paid to them in full.

 

It is DB Mortgages

 

I will be submitting my N244 tomorrow - just stating that I have paid the arrears in full do I need to put anything else ??

[Ell-enn]

Hi, just affix the proof of payment to the N244. and let us know the date of the hearing. Are you OK with filling in the N244 ?

[EllsBells12]

Hi thanks. I submitted the N244 at the court with the £40.00 fee today, the lady has given me the date of the 31.10.13, she was disgusted at what the mortgage company had done. Keeping my fingers crossed for Thursday now.

[sequenci]

Best of luck, keep us posted.

 

Now you should look to reclaim those charges. If you need a hand in doing that give us a shout

[Ell-enn]

If they withdraw the eviction notice before the hearing you should claim your £40 N244 fee back from DB mortgages - if the hearing goes ahead ask the judge to award your fee in view of the un-necessary action by the lender, also ask him to state that no legal costs should be added to your account by the lender again because the court hearing was unnecessary and a waste of the court's time.

[EllsBells12]

Thanks for your help. I'll let you know how it goes.

[BornThisWay]

I really do think the behaviour of mortgage lenders needs to be better monitored.

 

Financial services is a highly regulated industry but for some reason mortgage companies - presumably because they hold the deeds of your house and hence all the cards - behave like dreadful bullies in cases of hardship.

 

The Financial Conduct Authority need to examine their bully boy tactics as a matter of urgency. It is no good governments being desperate to help people stay in their homes, when lenders are taking every opportunity to get them out, on any flimsy excuse!

[EllsBells12]

We turned up this morning for the hearing, no one from DB Mortgages attended, the Judge withdrew the warrant of eviction as he had the proof of the payment for us clearing the arrears in full.

A great relief for us. A big thanks to all of the above for your help.

Would anyone be able to advise us on what we do next regarding claiming arrears charges back please ?

[Ell-enn]

Did you actually pay these charges as well as the arrears ? Did you ask the judge for your costs as the hearing was completely unnecessary ?

[EllsBells12]

The Judge agreed that the hearing was unnecessary and awarded the fee for the hearing. Letters from the mortgage stated 'arrears were £6,565.00 of that £1,105.00 were charge's and we paid the full £6565.00.

[citizenB]

This is very good news indeed.

[Ell-enn]

OK, time to get claiming the charges back - affixed is a template letter. Make sure you send by recorded or special delivery and keep a copy for yourself.

[sequenci]

By the way, It's very likely that the suspended possession order is still there lurking in the background. This mean should you fall behind again the lender *could* go straight to an eviction warrant again. I just want to make you aware of this important issue to give you a bit of a heads up really.

 

Congrats on getting this far. Now it's time to get those fees and charges back

[sillygirl1]

Congratulations, just make sure the court are fully aware that the arrears amount includes massive charges and that the arrears have been cleared in full.

 

Go for their charges and make sure you can continue to pay the mortgage - otherwise they will be straight back to court - simply because 'they think they can'.

[EllsBells12]

Thanks again everyone. Just done the charges letter, I'll keep you posted.

The Judge did make us aware that the Suspended Repossession Order would sit on the file for 6 years, and that the lender could ask the court for another eviction date if we were to fall in arrears again.

We are hoping now, that our finances are getting straight, to be able to swop back to a high street lender within the next year or so.

[EllsBells12]

Our arrears have now been cleared in full and we are making the regular monthly payments. Do you think the original possession order granted in 2009 still stands or is it now out of date ? Are we able to go back to court to get it removed now ???

[Conniff]

Responded via your own thread on this subject EllsBells12 - this thread now closed.