Acenden repossession court order

[indistress]

Double check this but if the old order was dated 29 Oct 07.You maybe able to argue the case as you have until the last working day of each month to pay your mortgage.So the old order ran out 29 Oct 08.Which still gave you 2 days before you technicially went into arrears.

 

Have you got copy of the old court order...did it say "With Liberty to Restore"....if it didn't then they can't use that order again.If it did then it would have the date they could restore it upto.

 

The most important question is did you receive a demand letter which basically would of said "If we do not recieve £XX by XX date then we will be recommencing litigation. Everyone by law has to receive one of these before the MC can start legal action.If you didn't and they say they sent one you could S.A.R them to get a copy of everything they have wrote on their system about you.

 

Did you even apply to the DSS for interest payment.If you had been unemployed for 13wks as of the 5 jan then you could of applied for help...thats if you where on benefits.

 

If so get onto the dss now and try and get it backdated.Don't take the 1st persons word for it...not all of the are clued up.

 

Good Luck

 

 

Thanks Little Heart, will have a look at my papers. Not sure if I kept the papers :-|

[indistress]

I posted it off today Ell-en, but done it recorded delivery and it was late when I got to post office as I was at work today so wont leave till Monday So not sure when they recieve it. Do the solicitors work quick into sending anything to the courts, Im getting worried now incase I dont make it in time.

[Ell-enn]

Hi, try not to worry too much - we'll deal with whatever happens next. You can't do anything at the moment, just wait and see if they reply to the letter.

 

Your arrears are under £2k, and you now have a job which allows you to pay off the arrears each month - judges don't want to take homes away from people who can pay towards their arrears - especially given the recent government guidelines. You'll be OK, just stay positive

 

Ell

[indistress]

I dont fancy going to court again tho

[HelenMcF]

Sorry if this is in the wrong place, but I yesterday received a letter from Captone in relation to a balance outstanding to Preferred from 4 years ago!

 

I sold my property - it wasn't reposessed and Preferred sent a final statement of account to my solicitors and all the money was paid.

 

They are now claiming that I owe them £1500 for legal fees after the mortgage was closed.

 

I cannot see how this can be so - if they made a mistake at the time surely it is their loss and how can they ask for this money 4 years after the event?

[midge61]

Hi

 

Write to Capstone and ask for a full breakdown of these costs. Also check with the solicitor that dealt with the sale as to what payments were actually made to the mortgage company.

[HelenMcF]

Many thanks.

[indistress]

Ell - en

 

Recieved a reply from the letter I sent they have considered my offer, taking in account of being out of work. Thanks very much for your help

Now I just need to worry about my 2nd Loan hopefully I can get this sorted before it goes too far.

[itstheone]

@indistress

 

Hi,

You might want to read through this as well, think you qualify with kids at home.

 

Mortgage Rescue scheme : Directgov - Home and community

[indistress]

Due to my previous thread I recieved help from Ell-en.

Since sending a letter in to my mortgage company and solicitors I recieved a reply,

this was the answer,

 

"We have noted your account regarding your current circumstances and whilst we sympathies with your situation

we do require that all payments are maintained under the arrangement and court order.

 

 

Please advise we have had no correspondence from you since the last phone call on 27/02/2009.

You have indicated that you were at work and will conatct us after that day.

We are now considering your proposal and will let you know of the outcome"

 

The letter was dated 21st March,

I havent been able to contact the mortgage yet, and was going to do that today when I make my mortgage payment.

 

Yesterday I recieved an eviction date for 15th April ,

Can anyone help me fill in the N244 form please. Thanks.

 

I am starting to get worried now, as I have 2 kids and it is only 2 weeks to get things sorted

and especially being an easter weekend coming up.

 

If I make my normal payment today,

can the mortgage company stop the eviction?

Just that they havent given me a chance to contact them.......

 

I feel sick with worry.

[sillygirl1]

DONT PHONE THEM - sent a private message to Ell-En and she will give you advice.

[indistress]

But I need to call to make a payment, I dont want to leave it any later, as they will put charges on tomorrow thats why my arrears are so high cos I have been late in paying

[sillygirl1]

Can you make a payment online to them, that way you won't get involved in a conversation... if not state you are only discussing the payment and nothing else - if they insist end the call. Don't forget to make a note of the time of the call and write to them (recorded delivery) asking them for the details of the call - they should have recorded it....

 

If they have been slapping on late payment charges you may be able to claim these back, they should really not do this if you pay within the same month, they should ONLY charge the difference in interest between the date of the payment and the date you pay, so if you pay EARLY the same should apply (but of course doesn't).

 

Try paying them online and see what happens.

[sillygirl1]

Please please contact Ell-en as she can give you a lot more help and advice than I can.

[Ell-enn]

Hi there, make the payment by telephone today if that is what you have said you will do.

 

I can help you with the N244 - I assume it's the Q.10 statement you need assistance with?

 

Can you just give me a recap of what you arranged with them the last time? and have you kept to the arrangement?

 

Try not to worry too much - if you can show that you are able to make payments going forward then you should be OK.

 

I'm at work at the moment and got a couple of meetings but should be back on line later this afternoon.

 

Ell

[indistress]

Hiya Ell-en

 

Thanks for your help. I have just spoken to them, and they have accepted my proposal and cancelled my eviction. Will I need to call the courts to make sure of this.

They have also accepted my proposal on my 2nd loan as I fell in arrears with that. And advsied not to miss.

So celebration drinks for me

[Ell-enn]

Hi, that's good news ! Most definitely check with the court though - just to be on the safe side.

 

Ell

[indistress]

I have a secured loan with preferred and have already defaulted on my payments and went to court over 12 months ago.

I have been paying the arrears fine.

 

 

Till my husband let me and drained our joint bank account last month.

I have missed 2 months on my loan and one months on my mortgage and dont get paid till 27th of this month.

 

My query was can I pay interest only on a loan for a number of months,

if I request this from Preferred/Capstone.

I am already on a Interest Only mortgage.

 

Best of it was I was down to owing them 35 quid this month after paying off 1200 of arrears

and my so called partner has left me in lurch.

 

I am going to ring mortgage company next week and explain my situation to them.

Hope they are helpful with me.

 

Any advice would be great. Thanks.

[Suetonius]

Hello Indistress

 

Really sorry to hear about what has happend to you...

 

Once you have spoken with them, let us know if they agree... In the mean time, I will have think about what you can do

[indistress]

spoke to Prefferred they wont accept anymore, and wont set up a direct debit for 1st of the month,

I pay 249 mortgage with 100 arrears.

They said I couldnt afford to pay it.

But still expect me to pay £349 on 27ths when I get paid.

I told them I would nt be able to pay on 1st,

so will be incuring charges till 27th of next month.

 

Spoke to them about my loan.

They have set my direct debit up for £370, £220 as my arrears and £150 for my loan.

I owe 2 months arresrs.

They wont agree to any installments until I make an offer of payment

and send in my bank statements to prove my bank has been emptied.

Which I think does not have nothing to do with them and have me to Friday to sort this.

I feel sick in my stomach now, really worried.

 

I am going to ring them and offer to pay £200 quid off the arrears

and see if they will accept that then £30 extra a month.

But cant pay it till 27th.

 

Mty head is done in, I dont want to give up my house Ive been in it for 10 years and its my famalies home

[DOTCOM]

Hi, how did you get on with these clowns, I am having the same sort of trouble, they won't change my payment date to the end of the month so my arrears are escalating.

[indistress]

Hi, how did you get on with these clowns, I am having the same sort of trouble, they won't change my payment date to the end of the month so my arrears are escalating.

 

Hi Dotcom

 

They have accepted extra £70 on my loan and I have to pay 150 on my pay day.

 

As for my mortgage just would not help at all. I am paying a months payment when I get paid,

I told them I wouldnt be paying on the 1st as I would not be able to afford it and I be going in circles with charges.

 

 

I offered to set up my direct debit to start on 1st and to pay an extra £50 to clear my arrears,

they went through a expenditure form with me and found I could afford the arrears,

so refused my installments. But accepted £70 on my loan. DOYLEMS

 

If you get anywhere it be good to know.

 

S

[DOTCOM]

I will keep you informed

[indistress]

Well I dont have the fundings to pay my mortgage this month

as they will be taking 450 out of my bank on the 1st for my secured loan.

 

 

I am just scrapping the £150 for them.

I got paid no overtime, so struggling a bit.

 

 

I actually pay more for my loan than my mortgage.

Can you believe it.

 

 

My loan is currently 150 and I am now paying 300 of my arrears.

I did ask them to review it and I was advise someone would call me. I

am still waiting. in total I am paying 800 a month mortgage and loan.

 

 

Is there an easier way where I can write them a letter and aske to reduce my payments

they would not accept this over the phone

 

I am searching for a loan online does anyone know of a company that will accept when you have a bad credit rating.

[Ell-enn]

Hi there, how much are the total arrears on the loan and also the mortgage? £300 per month arrears payment is an awful lot.

I can draft you a letter to send to them asking for reduced arrears payments, if they don't accept and take further action we can defend in court and let the judge decide what is a reasonable amount to pay given your changed circumstances.

I have affixed one of our budget sheets for you to fill in - let me know when you have completed it and how much you have left over each month to pay towards arrears on both accounts. We'll work from there.

 

Stay positive, there's always something we can do

Budget Sheet.xls