Lloyds/TSB going for 4th eviction on 2007 SPO **WON AGAIN**

[jackson15]

Could you please help me

 

 

I have a suspended repossession order from May 2013.

 

 

I defaulted on my mortgage repayments of £600/month in April and paid £1200 in May

and have paid £600 on 30th June

and am currently paid up to date.

 

 

C&G have applied for an eviction date.

I've told them that I am up to date with the arrangement we have in place ie £557.93 mortgage plus £42.07/month to pay off the arrears.

 

 

Nontheless have insisted on going to court to get an eviction date.C&G (Evictions Dept.) say they wont speak to me until they get an eviction dat

e this information is from the agent I spoke to when I paid my monthly installment of £600 on 30th June.

 

I had a letter from the County Court today saying:

 

Quote:Before Judge xxxxx County Court xxxxxxxx

 

Upon reading Claimants Application and supporting witness statement

 

It is ordered that:

 

1.The Claimant has permission to enforce the order for possession made in these proceedings on 27th June 2007 by issue of warrant of possession.

 

2. There be no order of costs

 

The letter is dated 3 July 2014. I have no eviction date as I intend to go back to court to apply to have the warrant suspended.

 

Can anyone advise me please.

[Ell-enn]

Hi, If there was a suspended order in June 2007 was the order in May 2013 the result of an application for eviction ?

[jackson15]

Yes I went back to court and got the order suspended.

 

 

When I spoke to the lady on C&G/Lloyds TSB collections on the 30th June,

she said she'd put a note on my file to say that I was up to date as per the arrangement,

 

 

I asked to speak to someone from the eviction team she said they wouldn't speak to me until they had an eviction date.

[jackson15]

Surely they will give me an eviction date.

[Ell-enn]

Yes, you will receive an eviction notice with the date on it. Then you can apply to the court to have it stopped.

[jackson15]

Thank you Ell-enn.

 

I rang the court this morning and told the clerk that I had received a letter stating that the the court had granted possession but no eviction date.

 

He said that because the order was more than 7 yrs old that C&G/Lloyds TSB had to go back to the court to get the possession granted.

 

I asked about the eviction date and he said that no date had yet been set.

 

So I have to wait for the eviction date before I can fill in the N244 form.

 

Why does the lender need to go back to the court after 7yrs and not need a hearing for the first 7yrs.

 

I intend to write to the Lloyds TSB/C&G Collections and Recoveries.

 

I have a name for the person who is Head of Secured Collections and Recoveries but the address is a PO Box No.

 

Does anyone know if I can send a letter which has to be signed for to a PO Box No.

 

Kindest Regards

[jackson15]

Sorry about the late reply as theres been a lot going on.

 

I wrote a recorded delivery letter (a copy of which is below) and got a reply from Lloyds TSB/C&G Collections and Recoveries stating that they had received my letter and that my account notes had been updated accordingly requesting that as soon as I receive my eviction date to call them to discuss my proposals.

 

Cheltenham & Gloucester

PO Box 548

Leeds LS1 1WU

 

 

Dear Sir

Re:Mortgage Account Number: xxxxxxxx

 

I write with reference to the above numbered account to ask for your assistance in resolving the current arrears situation which has regrettably resulted in you requesting an eviction date be set.

 

I have been informed by letter dated 25th June 2014 from Drydenfairfax Solicitors that you have requested an eviction date be set.

 

An arrangement was agreed on 17th March when I made a payment of £600 which included a monthly instalment of £557.93 mortgage payment plus a monthly payment of £42.07 off the arrears as agreed.

 

Unfortunately due to unforeseen circumstances I was unable to make a payment in April the reason for which I explained to you over the phone.

 

I was able to make a payment of £1200 on May 22nd a further payment of £600 on June 9th and further payment of £600 on June 30th.

 

I have spoken to both you Lloyds TSB Collections and Drydenfairfax Solicitors and you both agree that payments are up to date.

 

Yet on 25th Jun you decided to request an eviction date be set after agreed payments totalling £2400 were paid over the 12 week period from Mar 17th to Jun 9th .

The last payment being made on Jun 9th before your request for eviction letter on 25th Jun.

 

I have since made a further payment of £600 on Jun 30th.

 

I intend to continue paying £600/month going forward the next payment being due on July 30th.I requested to speak to someone from the eviction team on June 30th and was informed that I could not speak to anyone from the evictions team until an eviction date had been set.

 

On receipt of an eviction date I intend to immediately apply to the court for a suspension order.

 

I trust you will be able to respond positively thus avoiding a court hearing

I require a written response in answer to the above by mid-day on July 15th 2014 (7days from the date of your letter)

 

Kindest Regards

 

 

Name

 

On receiving the eviction date 13th Aug 2014 I went to the Court and filed my N244 Application and was given hearing date of 28th July 2014.

 

I then rang the evictions department of Lloyds TSB/C&G with my proposals.

 

After being kept hanging on the phone for nearly 8 mins (which seemed like an eternity) they said they would suspend the eviction.

 

I asked for a letter confirming the suspension which I received a few days later.

 

I immediately rang the court enquiring that the court had received confirmation of the suspension.

 

The court had received confirmation of the suspension by email from Drydensfairfax.

 

I asked the clerk of the court what I needed to do next as I wanted to cancel the Application Hearing.

 

He said I could do that by email which I did.

 

 

 

I received a letter by post this morning from the court stating:

 

On the 28th July 2014, Judge (Name) at the County Court xxxxxxxxx

 

 

Upon reading a letter from the Claimant

 

and upon reading a letter from the Defandant

 

 

IT IS ORDERED THAT

 

1. The Defendants application dated 10 July 2014 be withdrawn.

 

2. There be leave to the Claimant to withdraw the Warrant.

 

3. No order as to costs.

[BornThisWay]

Jackson it will be interesting to know what your lender will charge you for this fiasco.

 

 

The problem as far as I can see it - and I have been through this myself - is that there is no reason for any lender not to attempt to repossess you, particularly if they hold a suspended possession order - if you are so much as 1p late with a payment.

 

 

You are contractually obliged to pay their costs, so they have no reason (other than basic decency and the FCA rules which say they must be fair with clients) why they should not put in an eviction attempt at every opportunity.

 

 

A judge pointed this out to me. He said they will keep trying and you will keep paying. Your circumstances seem ridiculously extreme however since you had no arrears! Ell-en can guide you but I think you should challenge any costs they add to your account for this waste of everyone's time!

[jackson15]

Hi Born This Way thank you for your reply I forgot to add that after keeping me waiting on the phone for 8mins Lloyds TSB/C&G agreed to waive all legal costs which are normally £800 plus. If they could have agreed to suspend before the eviction date I would have saved a further £50 - £10 of which was refunded before the hearing for some reason.

I presume that the judge looked at the facts and came to the following conclusion without a hearing:

 

Quote:

 

IT IS ORDERED THAT

 

1. The Defendants application dated 10 July 2014 be withdrawn.

 

2. There be leave to the Claimant to withdraw the Warrant.

 

3. No order as to costs.

 

If was the case would I be within my rights to ask for a refund of the £40 which I paid for my N244 Application as I was not in attendance and nor was the Claimant so therefore there was no hearing.

[BornThisWay]

Oh good, well at least they have done the decent thing!

 

 

I don't know about reclaiming the £40 for the N244. Were you technically even 1p in arrears at the time they applied for the Eviction Warrant? If so I expect they will say they were within their rights.

 

 

But no harm asking I wouldn't have thought!!!

 

 

I can't believe how trigger happy some lenders are when the government, the FCA, the Council of Mortgage Lenders and the Ministry of Justice say that eviction should be the absolute last resort.

 

 

Can mortgage lenders read do you think???

[jackson15]

I don't think they can read BTW It would have saved a lot of stress.

 

 

I paid £1200 on the 9th June which brought my payments for april and May up to date

yet they chose to instruct their lawyers (Drydensfairfax) to apply for an eviction warrent on 15th June (dated letter)

I paid a further £600 which became due on 30th June.

 

 

I pleaded on 3 occasions to speak to the Evictions Dept.

I was only allowed to speak to the Collections Dept who were adamant that I could only speak to the Evictions Dept after I'd received the eviction date.

Which as I'd informed them in my letter that I would immeadiately apply for a Hearing of Application

to have the Warrant suspended which I did and

 

 

duly filed my N244 Application which cost me £40 instead of £ 50

(I would be greatful if someone could tell me why).

 

 

After which when I was eventually allowed to talk to the evictions team who decided in their wisdom to suspend the Warrent of Eviction.

They could have saved a lot of stress Born This Way.

 

 

I hope fellow Caggers read this and if they are in a similar situation write to their lender by registered post and demand a reply within 7 days.

 

If I were a Judge I would wonder why the banks are wasting the Judges' time.

I think it is just a money making scheme for the banks

 

 

. I think half of my arrears are legal fees and charges.

 

 

In answer to your question I may well ring the Court on Monday

requesting my £40 be refunded as my N244 Application was a waste of time as

Lloyds TSB/C&G suspended the Warrant.

 

 

Watch this space.

[BornThisWay]

It is a subject on which I feel very strongly Jackson and I am writing to the Ombudsman about it.

 

 

Not only can lenders try and evict you on the slightest pretence once they have the suspended possession order but they can also charge you for the privilege.

 

 

As you say, the nightmare of trying to speak to someone and being passed back and forth between moronic script readers at the lender and the solicitor is appalling. This is peoples' homes. Their biggest asset, the place they live and where their family most likely live too.

 

 

How dare these pen pushers treat borrowers with such distain and disrespect? Anyone under threat of eviction should be fast tracked to people who are equipped to debate the issue and provide correct information. Do these people own homes? Do they have any ability to emphasise or are they simply reading from a crib sheet? Lenders make huge profits out of borrowers yet they treat them like something they have trodden in!

 

 

It is simply not good enough that in the face of a government, judiciary and professional bodies insisting that eviction be a last resort, and that only when the borrower has stopped talking to them, that they do exactly as they like and treat people like dirt.

 

 

I hope anyone who has suffered like this will write to the Council of Mortgage Lenders and the Financial Conduct Authority and tell them what is really happening in companies who have signed up to 'treat customers fairly'. Because the truth is a very long way from the reality of these incompetent bullies.

[jackson15]

Hi

 

I have an eviction date for 2nd Sept,

I had previous eviction suspended to repay my mortgage plus extra to pay off my mortgage and arrears within the term of the mortgage (Norgren).

 

Fell behind because of period out of work.

 

Am now back in employment and I have brought my mortgage up to date by paying 3 months mortgage as per previous arrangement yesterday Fri 21st.

 

I now need to submit an application N244.

 

I would be grateful if anyone could help me to fill the N244 form in.

 

I realise this form will have to be submitted on Monday as time is running out.

 

I have spoken to the banks solicitors and they think maybe the Bank will withdraw the eviction.

 

I just don't trust the Bank and want to apply for the eviction to be suspended.

 

 

Kindest Regards

Edited August 23, 2015 by dx100uk

[citizenB]

I will try and find someone who can help.

[citizenB]

Whilst you are waiting, please have a look round some other threads where there has been a similar situation.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?428306-No-Eviction-Date-C-amp-G-Lloyds-TSB-collections

 

 

is this the same lot?

 

 

sounds like you are an old hand at this???

 

 

dx

[Ell-enn]

Have a look at this guide : http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession

Page 16 has an example of a statement to go with the N244.

 

You can post what you intend to put in the statement on here and we will look it over.

[jackson15]

Thank you Ell-enn for your reply

 

 

Here is my N244 Application.

 

 

Drysden Fairfax have requested that I complete an Income and Expenditure form over the phone am I obliged to do this.

 

Claim No: XXX

In the XXXX Court

Between XXXX (LENDER) (Claimant)

And Mr XX XXX and Mrs XX XXX (both names if joint mortgage)

 

(Defendant) STATEMENT

 

I am the defendant in this case and respectfully request the court to consider the following information when hearing my application:

 

The arrears arose as a result of my (Name) being unable to work due to ill health.

Despite keeping the Claimant advised of the situation and making an offer to repay the arrears,

they have refused to negotiate and demanded the full arrears to be paid in order to stop eviction.

 

However, my situation has improved as I (Name) have returned to work and have paid £1830

which represents the 3 monthly mortgage repayments missed of £557.93 plus £52.07 total £610.00/month

and I am now up to date with my mortgage repayments.

 

Please see affixed income and expenditure statemen

t – Appendix 1 (AFFIX COMPLETED BUDGET SHEET

– WRITE THE CLAIM NUMBER ON THE TOP LEFT HAND CORNER OF IT AND APPENDIX 1 ON THE TOP RIGHT HAND CORNER)

 

Therefore I respectfully ask the court to take into account the case of Cheltenham and Gloucester v Norgan

when considering my offer of payment and also s.36 of the Administration of Justice Act 1970.

 

 

I assure the court that I am committed to clearing the arrears and respectfully ask that eviction is suspended

in order to avoid the expensive and unnecessary costs which would undoubtedly arise following repossession in the current property climate

. I believe the above to be true and factual.

 

Signed....................................................................................... Date............................................

[citizenB]

I think you do need to attach an I&E to your application. Whether or not you have to provide this information over the phone to the solicitor, I don't know. I am sure Ellen will look in and confirm for you.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession&p=3603854&viewfull=1#post3603854

 

There is a budget sheet you can use in the link above.

[Ell-enn]

Hi, you will need to complete a I & E to go with the N244 application. If Dryden's have asked for the I&E over the phone it may be that they want to see if you can afford what you are offering and if it's worth them going ahead with the eviction, as it's likely the judge will cancel the eviction given your ability to make payments. Fill in the budget sheet and then read it over the phone to them so you are giving the same information as you are giving to the court.

 

You should affix proof of the payment of £1,830

 

You also need to edit your statement to remove the suggested sentences. Might be an idea to post up the final version so we can check it.

[jackson15]

Hi Ell-enn

Thank you for your prompt reply, which sentences do you suggest I remove.

[Ell-enn]

You need to remove everything I have put in bold - both red and black.

Claim No: XXX

In the XXXX Court

Between XXXX (LENDER) (Claimant)

And Mr XX XXX and Mrs XX XXX (both names if joint)

 

(Defendant) STATEMENT

 

I am the defendant in this case and respectfully request the court to consider the following information when hearing my application:

 

The arrears arose as a result of my (Name) being unable to work due to ill health.

Despite keeping the Claimant advised of the situation and making an offer to repay the arrears, they have refused to negotiate and demanded the full arrears to be paid in order to stop eviction.

However, my situation has improved as I (Name) have returned to work and have paid £1830 which represents the 3 monthly mortgage repayments missed of £557.93 plus £52.07 total £610.00/month and I am now up to date with my mortgage repayments.

 

Please see affixed income and expenditure statement – Appendix 1 (AFFIX COMPLETED BUDGET SHEET – WRITE THE CLAIM NUMBER ON THE TOP LEFT HAND CORNER OF IT AND APPENDIX 1 ON THE TOP RIGHT HAND CORNER)

 

Therefore I respectfully ask the court to take into account the case of Cheltenham and Gloucester v Norgan when considering my offer of payment and also s.36 of the Administration of Justice Act 1970. I assure the court that I am committed to clearing the arrears and respectfully ask that eviction is suspended in order to avoid the expensive and unnecessary costs which would undoubtedly arise following repossession in the current property climate. I believe the above to be true and factual.

 

Signed................... ......................... ......................... .................. Date..................... .......................

[jackson15]

Hi

 

I've submitted my application on Tues due to the fact that the court reception is only open between 10am and 2pm, and I arrived after 2pm on Monday.

 

 

Attached everything to my application, I&E and proof of payment.

 

 

Lloyds/TSB seem to want to go ahead with the eviction even though I am up to date with my monthly repayments.

 

 

Hearing is set at 9.45am on 2nd Sept, the eviction is due to take place at 11am on the same day.

 

 

I did speak to Lloyds/TSB's solicitors this morning asking what the situation was,

they said that they received confirmation of the hearing this morning,

and that I needed to attend the hearing or the eviction would take place.

[Ell-enn]

Do you know if your court has any duty legal advisors ? if so get to the court early (you need to do that anyway), and if they are there approach them and ask for their assistance, they can accompany you into the court and support your case.