Britannia Repossession / Eviction - Help & Advice Needed with N244***Suspended***

[Cadbury10]

Do you mean 31st July? No I am not.

 

The court order was for payments to commence end August, and yes Britannias letter states that they may enforce the possession order if I don't pay in July. 

 

I cannot live under this constant threat of eviction. I feel threatened, scared and extremely distressed. This is making my situation and health worse.

 

Can anybody offer any helpful advice or ideas for wording of a letter to Britannia?  

[Ell-enn]

Wait for the court order to come so you can quote exactly what the judge has ordered,  then you can write to Britannia telling them payments were to commence in August, not July.   You should get the court order sometime this week I should think.

[dx100uk]

yep well they know they cant as they clearly state commencing on 31-08-2019.

let then reschedule the 'arrears' as they state in line below

 

nothing to worry about.

[Cadbury10]

Thank you @Ell-enn & @dx100uk - Received court letter / order today and am surprised that the name of person representing Britannia is not the same person who has previously been writing to/harrassing me,..

 

The court order states that:

 

IT IS ORDERED THAT:

 

1. The Bailiff is directed to cancel the appointed eviction.

 

2. The Warrant shall be suspended for so long as the defendant pays the mortgage instalment as it falls due and £50.00 per month off arrears of £5889.01, the first payment being made on 30.08.2019

 

 

... Could somebody please confirm if that means I am ordered to pay mortgage repayment in July 2019.... Or that no payment is required until 30th August (which is what I understood the court order to be).... Just confused, based on letter received from Britannia and then this?? ...

 

 

 

 

 

 

[dx100uk]

the first payment being made on 30.08.2019

[BazzaS]

Your obligation is to meet what the court ordered : first repayment of the contractual payment and the contribution to the arrears

(pro-rata’d, to clear the arrears over the remaining term)

 

Yet, If the contractual payment for July hadn’t been made by you, the mortgage company can lawfully pursue you for it. They can write to you, letting you know it is due (over and above the amount the court has ordered), but what they likely wouldn’t succeed on is to try for repossession based on that sum (provided you have met or exceeded what the court has mandated, in terms of both the sum, and payment dates).

 

They might succeed if you are late or behind (value) of what the court ordered, though.

 

So you MUST meet what the court has ordered, but you’d be in an even stronger position if (instead of the £50 towards the arrears each month) you paid £50+ (The pro-rata of the outstanding 737.38)

 

737.38 / 118 (9 years, 10 months) is £6.25 / month

 

so pay (the contractual sum) 737.38 

+ 50 (court ordered towards the arrears)

787.38 as a minimum

 

If you want to stymie them trying again (them basing it on July’s missing payment), go for (787.38 + 6.25) = £793.63 per month, on or before the due day.

If they then went to court again over the missing July payment, you’d be able to show BOTH

a) you met the court’s order, and

b) paid the extra 6.25 to clear the extra (July) arrears over the remains term of the mortgage.

By doing that thry’d know if they tried court again they’d not only lose, but also likely have costs ordered against them on grounds of unreasonableness.

 

I suspect you’ll say you can’t pay the extra.

I understand that, I’m just laying out the option (and the benefit) of doing so.

Even If it doesn’t help you, it might help someone else who comes reading this thread as they are in a similar situation.

Edited July 26, 2019 by BazzaS

[Andyorch]

Yes     fully agree with the above....you dont get a months holiday just because of a court order stating a start date of 30/8

[Cadbury10]

3 hours ago, dx100uk said:

the first payment being made on 30.08.2019

 

 

@dx100uk - Thank you.... That's what I thought, but the Britannia letter threw me off a bit so just wanted to check 

[Cadbury10]

Quick question hoping somebody can tell me.... I also have 2 other secured loans on property - Can either of those obtain possession order / go for eviction whilst Britannia have a possession order?

 

Another question... If I was to ever bring any kind of claim against Britannia, and also have a claim against the Co-op bank, should I make such claim together as they are the same company, or would they have to be separate claims?

 

 

Edited July 26, 2019 by Cadbury10

[dx100uk]

others are not the 1st charge so would have to get in the queue and seek perm from the 1st charge the main mortgage, I would assume??

 

just make sep claims

I take it you have all the statements and are going for unlawful fees and/or insurances reclaiming?
 

 

[Cadbury10]

@dx100uk - Thank you for your reply.

 

Does that definitely mean neither of the 2 secured loans can repossess/evict?..

 

I just thought a claim together for Co-op & Britannia might be best, or easier for me? What kinds of fees/charges are unlawful exactly? 

 

I have banked with Co-op for over 10 years and pretty sure I still have all the statements... For 3 separate accounts. I also have 2 personal loans with them and the mortgage with them/Britannia... Have also had home insurance with them before and various problems with all of those products, so was thinking of a generalised claim to include all of those things... Or is it best to do just claim for one thing and then the rest later?...

 

I would be including lots of things that would be reliant upon phone records with them, so might be a good idea to do a SAR with Co-op to see what notes they have? 

 

I also have several other debts and wouldn't want to leave them out of the fun, so possible claims against all of those too... Just no idea where to start really.

 

Sorry to sound so thick... and blonde... but my brain doesn't work too well these days and may need lots of hand-holding and baby steps as this is all new to me. 

[dx100uk]

just type no need to keep using quote

it makes topic twice as long....

 

the other secured loan providers can try but i believe they must inform the 1st charge holder

does mean they wont push their luck mind.

 

reclaiming is not quick and doesn't really help your situation that you cant pay.??

and anyway, if debts exist with 'whomever' even if you do get anything 'back' it simply comes off the balance

it doesn't remove your need to pay them.

 

if I were frank you've enough on your plate...

 

you need to write to people and offer a pro rata payment.

you've done the budget sheet should be quite easy to workout.

 

pro rata payment letter is in the debt collection section of the library.