Help - First Plus eviction *Eviction Notice Withdrawn*

[jimjam66]

Hi

 

I'm hoping you can help me please? I've been reading through various threads & have found it very useful but I need some guidance on my personal situation

 

I currently have my main mortgage with a building society & a secured 2nd loan (£35k) with First Plus , taken out 5 odd years ago.

I was made redundant in 2011 & claimed housing benefit for a period which contributed towards my payments. However I still got behind & about 18 months ago FP obtained a suspended possession order. I continued to make payments albeit in rather an ad hoc manner & by the beginning of 2013 I was up straight with it.

 

By March/ April this year my partner & me decided to set up our own construction business so I could come off the benefit system & we could "better ourselves" financially! I had always had a reasonable communication line with my building society & wrote to them to advise of our change in circumstances & to say payments would continue but they would be a little sporadic i.e because of our self employed status & unconventional income stream. The BS were "ok" with this

 

Because of the fact that FP contact had previously been via Eversheds I wrote to them with the same communication & asking for a status update on my account & they replied saying "their file was closed & no instructions held from their client to re-commence proceedings" . They said they would refer my letter to FP but when I heard nothing after about 3 weeks I wrote direct. FP replied saying my account was under review & that they would consider a repayment plan for the arrears. I wrote back with a proposal of paying half the arrears in one lump sum& half on top of my normal cms. Again no reply. The next letter I got was from Eversheds saying they had been instructed to enforce the order & were applying for an eviction date. The only way I could stop it was to pay full arrears straight away - which I couldn't do. So now I have a letter advising that a warrant of possession has been granted, to be enforced on 29th Oct!!

 

I tried one last phone call to Eversheds today saying how desperate I am to avoid it going to the full process & mentioned again about the lump sum proposal. They said that they would now put that forward to FP to consider but couldn't guarantee anything. I am to complete an I&E & email them today with details.

 

I've contacted CAB for advice & am waiting for a call back. Plus I've spoken to a company called "Revival Repossessions" who specialise in managing such cases through the court process for a fee (£300 approx) & they have said they would definitely be able to help me . I'm horribly confused & upset & don't know what to do now for the best.

 

Other queries/points to mention -

 

1) no PPI

2) I raised a query earlier in year about the amount paid by me versus level of arrears but it wasn't properly answered

3) confusion around whether my loan is CCA regulated or not (& whether that matters). I was sent a CCA default notice back in March but in FP only other letter received in August they said my loan is not CCA regulated.

4) are FP allowed to ignore customer contact & not be obliged to send statements or letters ? They say they are not obliged to do so

 

I need your help please - anything would be very gratefully received. Sorry if I've missed any info

[Ell-enn]

Please do not pay anyone to defend repossession in court - it's a complete waste of money as they can do nothing more (and usually considerably less) than we can help you with here - all they will do is fill in the same form you can download here for free. It will only cost you £45 court fee to apply to the court for a hearing to defend the eviction notice which we can help you with. Be careful what sort of I & E you send them I have affixed the one we normally use in repossession cases - it calculates automatically as you fill it in) and I am happy to look it over for you when you have completed it.

[Lea_HTH]

Firstly do NOT use Revival Possessions. They can do nothing that you can't do yourself - and use the £300 to pay towards your arrears.

 

You'll need to make an application to the court on form N244. Read Ell-enn's guide here: http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession

 

The court will almost certainly accept your offer and you should also mention that you made the offer to FP on more than one occasion and their response was to issue a notice of eviction. The court will not be happy about that since repossession should be a last resort.

 

FP are obliged to send statements - if you don't have them, or a copy of your loan terms and conditions, then send a Subject Access Request Notice to them - they will then have to send you all documentation they hold on you.

[Lea_HTH]

Ahh I see Ell was posting whilst I was!

[jimjam66]

Thank you both so much for your quick responses

 

I have already printed off your guide Ell-enn including the I&E

Should I proceed with the email to Eversheds today outlining my proposal/I&E ASWELL as do the N244 to the Court...or wait to see if FP accept my offer & then hopefully cancel eviction???? I will also request the SAR as I have no up to date statements

 

Also - I've not yet had any documentation from the Courts. All I've had is Eversheds letter dated 4/10 advising that "a warrant of possession has been granted & the possession order will be enforced on 29/10" Sorry for thick question but does that mean that 29/10 is the actually eviction date?

[Lea_HTH]

If they've applied for the warrant, you'll get a notice of eviction from the bailiffs, that is what will tell you the date and time of the eviction. If you haven't received that yet, you can phone the court bailiffs and ask. Make the application once you have the notice of eviction.

 

You should certainly make the offer to Eversheds, and make the payment to FP if it is due.

[jimjam66]

Thanks Lea. I've actually just called the Court & they said the eviction notice is due to be delivered & that the date is set for Oct 29th - apparently they wait until they have a few to deliver in the area !!

 

I will crack on with this proposal to FP & will also summarise all the contact I've made in the last 6 months as well as the lack of reply. I'll also tell them that if declined I will be seeking a postponement by going through the N244 process

[jimjam66]

another question please...is it best to go with the "plan A" offer of a lump sum of half the arrears now & the rest monthly as opposed to asking for the arrears to be spread over monthly payments? Do they (they being lender &/or court) tend to look more favourably on one approach more than another do you know?? Ideally I'd rather keep the cash back but realise I'm not necessarily in the best position to negotiate too much

[jimjam66]

Hi Ell-en

 

Would you be willing to look over my proposal letter/I&E which I'm drafting for First Plus to consider??

I'm just pulling it all together now & also have begun a conversation with CAB who called me back this morning. Just trying to pool all the best info & advice together in one go

 

Many thanks

[Ell-enn]

Hi, yes no problem you can send it to Ell-enn@consumeractiongroup.co.uk ( there is no space between the c and o). Please let me know when you have sent it as I am at work and not always logged in to my CAG emails.

[jimjam66]

Will do - Thank you so much Ell-enn

 

Trying so hard to keep focussed on this..very hard, especially as I've recently been diagnosed as depressive & recently started on anti depressants!!

 

Some times I feel confident about my case & the fact I can sort it out & other times not. I worry whether I can go through the process by myself, as in a DIY approach, especially when all that CAB & Stepchange suggest is to seek legal advice!

I must say though that all the support & other peoples stories on here is an absolute god send.

[jimjam66]

Hi Ell-enn

Have just emailed you. Having a few probs with populating & saving the I&E sheet though. Will wizz that thru asap

[Ell-enn]

Hi, I have received your email and replied.

[jimjam66]

Got it, thanks so much Ell-enn x

 

Don't know which email you'll see first but just one quick question you or another angel expert on here could help me with.....if FP decline my offer & I end up going to court with the N244 process do you know what kind of financial evidence the court look for on income when you're self employed...more particularly future income?? I was planning on producing copies of past & future work invoices/quotes etc for the various contract we have coming up

[Lea_HTH]

Got it, thanks so much Ell-enn x

 

Don't know which email you'll see first but just one quick question you or another angel expert on here could help me with.....if FP decline my offer & I end up going to court with the N244 process do you know what kind of financial evidence the court look for on income when you're self employed...more particularly future income?? I was planning on producing copies of past & future work invoices/quotes etc for the various contract we have coming up

 

Anything that proves you can afford it will be useful, including your upcoming contracts. The judge will just want to be sure you can reasonably afford what you are offering.

[jimjam66]

Thanks Lea. I posted my proposal special delivery Saturday & also emailed all the papers to Eversheds that day too. They called first thing this morning to acknowledge receipt. They also wanted to discuss the surplus on my I&E sheet & were saying that the budget sheet suggested I could pay more than my offer as part of the overpayment on my CMS. I did remind them that as we were self employed & not receiving a fixed monthly salary I thought it more sensible to start off with something which was "affordable" & therefore more sustainable to avoid falling into this same trap in 2 or 3 months time. Plus...the figures also provide some flexibility or safety net if our income dipped a bit - we would still be able to meet the payments.

 

I also paid the monthly cms payment today over the counter straight into FP bank account & emailed Eversheds to advise - again in line with what I said I'd do in my proposal.

 

Fingers crossed I'll hear something very soon

[Lea_HTH]

If what you have offered is reasonable, with contingencies for the variances that are inevitable with self-employment, then I am sure a judge will find in your favour, even if the mortgagee refuses your offer.

[jimjam66]

Dear All - Update for you. I heard from Eversheds today & they told me that FP have agreed to my proposal & will cancel the eviction so long as the lump sum is paid by end of next week. I'm so relieved & wanted to say a MASSIVE thank you particularly to Ell-enn & Lea_HTH for their support.

 

The information available on here was invaluable in guiding me through a situation & process I was unfamiliar with & above all else it also gave me the confidence to be able to see the process through....right through to the court if necessary & even better - without having to pay a 3rd party to do it for me

 

Thank you again x

[sequenci]

That's great news. Do check with the court to ensure that all action has been cancelled, some lenders have been known to continue without informing the debtor.

 

Best wishes,

 

Seq/

[jimjam66]

Oh yes I had read some horror stories like that so I will do that without a doubt!!

 

As soon as lump sum is paid I will email Eversheds a copy of the receipt & also ask them to send me a copy of their cancellation notice as well as keep in touch with the court

[Ell-enn]

Excellent - well done hope it all goes smoothly for you