Hefferlump's Holler for Helpful Hints

Hefferlump

Gillianh2 wrote: »

Hi,
Also even at this stage if the Mortgage Company do go ahead with a Court Hearing for Possesion I cannot see the Judge granting it if you have a guarantee of mortgage payments plus the arrears for the next yer. The most I would think they would grant the Mortgagees is a suspended possesion.

Surely, if the MC say they do not agree to the funds being secured on the property, even as a second (and 'inferior') charge, it does not matter what the judge thinks? He could say to the other side that he thinks it a fair offer but I don't think he can make them accept the second charge. If that happens then he has to grant a full possesion order as, without the loan, we cannot pay the arrears.
I am almost tempted to think that, when they first served the summons but were also saying they would try and reach an acceptable solution to both us and them, they did not think we could sort it. Now we have the offer and would be able to sort it they have gone quiet.

Hefferlump

Sorry to bump this up

chevalier

Maybe the MC are worried that the money for the arrears is not coming from wages but from a charity? That is the only thing I can think of as to why they wouldn't go for this. You would have to phone the MC to ask them I guess.
chev

Gillianh2

Have you contacted Shelter. They would be able to offer you some advice. It might also be worth trying to get a Free Half Hour advice appt with a solicitor.
I really do not think that if the MC have said they will try to reach a suitable agreement to repay arrears and keep to Mortgage Payments and the Judge hears this he will grant an Immediate Warrant of Possesion. They have to listen to both sides of the argument. You have a realistic proposal I think the best the MC could hope for from the court hearing would be a "Suspended Possesion" Judgement. As I said before so long as you keep to the payment schedule this "Possesion" would not be acted on unless you defaulted.
I think you also need to get a Medical Report for the MC and the Court Hearing as to try to evict a couple struggling with serious health issues and with a payment plan in place would I am sure be viewed with disdane.
Try contacting Shelter and make an appt.

Hefferlump

Still no response from the company so it looks like a hearing tomorrow. I will report back then.

Hefferlump

What a strange experience!!
The lawyer for the mortgage company had NO documentation, including documentation we had sent to the court! We explained the offer and he said it seemed a good one and he would telephone to see if it was acceptable. We were hopeful as, in the same area we were sitting in, we heard other cases being discussed where other mortgage companies agreed to the arrears being paid over 6-12 months, together with the usual monthly payments. Our offer was far better than that
On his return he said he was still to go for possession!! Apparently, to paraphrase his company (the lawyers not the mortgage company), as my partner was disabled she would not find alternative employment!! (Can you guess what our language was like?) We also discovered that this lawyer had not called the mortgage company itself and, to be fair, he was embarrassed by his instructions (although laughing whilst saying he had to go for possession made me want to hit him!).
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So I did......call the mortgage company, that is, not hit him. It seems they had not considered our offer as we had not sent them a small cheque to cover their costs to consider it!! AT NO TIME had they ever told us about such a charge; not in a letter, a telephone call, an email or a fax. Further, having rooted out their tariff of charges leaflet, there is only a charge for their consent.
Into court and he asked for possession. Having seen plenty of legal dramas on tv we had copied a load of documents, bundled them up, and gave them to the judge. We summarised them and asked for an adjournment. The judge granted the adjournment, commenting that it was a really good offer we were making and he expected it to be settled without the need to return to court (although we accept there is no guarantee of that).
So, at least we are not homeless over Christmas and into the new year, and we are still fighting. I have managed to get some money together meaning that, even with the new month's payment added on, we will reduce the debt (which should flummox them).

I have a feeling this could run and run like a West End farce. We will keep you posted.

chevalier

Your latest post made me want to turn the air blue. But this is a public forum, so :mad: :mad: :mad: :eek: ! I have NEVER heard of a company wanting money to consider an offer THAT WILL GET THEIR MONEY BACK! I mean really that is taking the biscuit, in the extreme. And also their solicitor not checking with their employers ie the mortgage company beggars belief.

I know the outcome is semi positive in that you still have somewhere to live. But the callous incompetence of this firm (ie not looking at your offer, just going for posession regardless), would to me result in a complaint to the mortgage co for distress etc due to negligence.....once this is all settled of course:D !

Hefferlump

chevalier wrote: »

Your latest post made me want to turn the air blue. But this is a public forum, so :mad: :mad: :mad: :eek: ! I have NEVER heard of a company wanting money to consider an offer THAT WILL GET THEIR MONEY BACK! I mean really that is taking the biscuit, in the extreme. And also their solicitor not checking with their employers ie the mortgage company beggars belief.

I know the outcome is semi positive in that you still have somewhere to live. But the callous incompetence of this firm (ie not looking at your offer, just going for posession regardless), would to me result in a complaint to the mortgage co for distress etc due to negligence.....once this is all settled of course:D !

Oh. don't worry, when it all gets sorted we have various letters to write!

On a further note, I received, yesterday, a letter from a company whose initials are RW, who appear to have something of a reputation within this forum!:rolleyes: It is in relation to a bank account. To summarise the relevant part of my first post, I am overdrawn on an account I no longer use and was reducing the overdraft by £300pcm, paying it to a DCA (not RW). As I have posted above, because of the circumstances that arose I had missed about 5 monthly payments to the DCA. I was then able to make a payment about 6 weeks ago, via the Post Office, and this DCA then sent me some paying in slips for the Post Office, to make payments.......at the same time I started receiving calls and letters from RW :mad: . I told them I was dealing with another DCA and I wrote a complaint to the bank (having checked the OFT site it appears that instructing two DCA's at the same time is a little bit naughty) but, 6 weeks later, the bank have not responded.

The letter from RW yesterday is a notice of legal proceedings, dated 28th November giving me until 10.00am on 4th December to pay the full amount (six days??) or contact them to seek help!! (I had to laugh at that bit, bearing in mind their reputation). They kindly sent this letter out second class, not giving me much time to respond!!

I have had a look at the letter templates and other threads on here and wondered whether I am entitled to send a CCA letter asking for proof of agreement, etc. I certainly, each year, got a letter from the bank agreeing to the O/D and renewing it for the relevant following year but do not know if that was a credit agreement. If not, can I still write any form of letter to RW? Also, I note from another thread that this company seem to get involved when a debt is "sold on" to them. Should I have been notified of that fact by either my bank or the original DCA?

chevalier

Hefferlump wrote: »

I told them I was dealing with another DCA and I wrote a complaint to the bank (having checked the OFT site it appears that instructing two DCA's at the same time is a little bit naughty) but, 6 weeks later, the bank have not responded.Yes I agree this is not right. Might be worth giving the bank a call on Monday to get them to explain this.

The letter from RW yesterday is a notice of legal proceedings, dated 28th November giving me until 10.00am on 4th December to pay the full amount (six days??) or contact them to seek help!! (I had to laugh at that bit, bearing in mind their reputation). They kindly sent this letter out second class, not giving me much time to respond!!Is this a court appearance date or are they just saying if you don't respond by the 4th they will start legal proceedings. If the latter, then write to them to tell them again that the debt is being dealt with by your 1st DCA and that they should sort it out with them if they have bought the debt in error. Otherwise if they have bought the debt from the original DCA they should be able to provide you with a deed of assignment.

I have had a look at the letter templates and other threads on here and wondered whether I am entitled to send a CCA letter asking for proof of agreement, etc. I certainly, each year, got a letter from the bank agreeing to the O/D and renewing it for the relevant following year but do not know if that was a credit agreement. If not, can I still write any form of letter to RW? Also, I note from another thread that this company seem to get involved when a debt is "sold on" to them. Should I have been notified of that fact by either my bank or the original DCA?

yes you should

Hefferlump

A further update on events.
My partner received a demand for payment with regard to a Vodafone account from a company she had never heard of. It relates to a Vodafone pay monthly contract.
She sent off the £1 PO, together with a request for a copy of the agreement, together with a request for a copy of the deed of assignment.
The company have sent the PO back, stating that the agreement is not regulated by the 1974 Act. Further, any disputes should be addressed to Vodafone, not to them.
If a mobile phone contract isn't governed by the CCA, what is it governed by?
Also, should she write back and demand proof of assignment?