Help with N244?

[Lea_HTH]

I did black out the relevant details on my first attachment however here is a new attachment with all details replaced with === (PDF format)

 

Your statement is poorly laid out - re-type it and add a number for each new paragraph.

 

Did you apply to set aside the possession order - because if not your second 'reason' for your application is invalid.

 

Your argument about a 'lawful contract' is seriously flawed. Even if there wasn't a signed contract, the loan would be equitable. Is there a charge on the property - one presumes so since a possession order was granted. Suggestion: remove this statement - it's not one you can argue in a court of law.

 

You then change tack with reference to CICB interest rates and GEM interest rates - the two, according to the other information you have, are two different things - so why are you comparing them? If you want a judge to understand, you'll have to explain it better and point to exactly what it is you think is wrong and why.

 

The loans referred to as A, B, C - did you have any further advances, is one for commission, is one interest based? You don't provide enough information - so how will the judge know what you are talking about? When the PO was granted - what was the money judgment amount for? That will give you a clue as to whether the amounts claimed are similar or close to the loan amount you think you had, and the loan amount detailed in the ABC figures.

 

Have you cleared the funds? You state you can by end Jan 2015, it's mid February. No point in telling the judge you can clear them when you haven't done so - even if you are still in discussions about how much is owed, there is nothing stopping you from paying what you THINK is owed.

 

The solicitors costs are contractual and will be in the terms and conditions provided to you - the judge won't be interested and has no jurisdiction over them. Which is why, with mortgage possession cases, judges never award costs; they're contractual, the judge doesn't have to order them because the mortgagee is entitled to them. You can challenge them if you believe them to be too high or unreasonable, but frankly, £800 for possession proceedings seems about right to me.

 

Is the loan term over? You state GEM won't lose out - but if the loan term is over, the court has no jurisdiction, so whether you're paying monthly or not, the court can't do anything in relation to that. The sale of the property would probably mean the judge could order a stay whilst the sale was progressed.

 

If the loan term isn't over, then you are far better having a discussion with the judge about clearing the outstanding balance in the remaining term of the loan by upping payments (i.e. a Norgan compliant offer).

[Lea_HTH]

I don't remember.

 

An N244 can be used to apply for a set aside or to stay a warrant. But you have to state what you want on it. In this instance, there's no point in you applying for a set aside, the PO was validly granted. The reason you have received 'very little advice of any value' is largely because there is no advice to give you that will help you because your mortgage term is over.

 

Solicitors costs, whilst unpaid, can incur interest. It's just another outstanding debt. Your terms and conditions will undoubtedly refer to their contractual right to interest on any sums outstanding.

 

You have had an additional three years past your loan term to resolve this (i.e. by selling or remortgaging) and for some reason appear to prefer the unhelpful (at this stage) activity of chasing your tail (trying to argue points that no longer have any validity - e.g. the interest rates).

 

GEM won't lose out because they have a possession order. Your option is to sell and ask the court for time to do that rather than allow possession - but beyond that, there's not a lot a court can do for you at this stage.

 

Far better to get accurate advice than to waste your time on something that won't work and which will ultimately dash your hopes anyway.

 

You said you had cash buyers - get selling.