hi i need some urgent help and advice pls due to be evicted

[jimmyq]

Re: hi i need some urgent help and advice pls due to be evicted

Could the lady who has been helping you at the CAB find you a pro bono (free) solicitor from amongst their team You really do need representation at this hearing. As the CAB explained, if you get that court order cancelled then if the lender wants to chase you for money they would have to make a fresh application for possession and you would have the opportunity to counterclaim. If the order remains 'live' then the lender can go straight to a Warrant for Eviction if/when arrears build up again.

Your application is to dismiss the current possession order because those arrears have been paid. My worry would be that if any new arrears have accrued since the application was made the DJ may take a negative view. It would be wise to make sure there is nothing outstanding (albeit disputed by you) when you get to the hearing so the court has no real reason to dismiss your application.

ill have to clear the arrears once again CAB me contact details for some solicitors who im going to ring and see if they will attent court for me next week

[PlanB]

Re: hi i need some urgent help and advice pls due to be evicted

i definately need a solicitor then im none of the above and i also suffer from anxiety and panic attacks so ive no chance

ill have to arrange a solicitor then

Could the lady who has been helping you at the CAB find you a pro bono (free) solicitor from amongst their team You really do need representation at this hearing. As the CAB explained, if you get that court order cancelled then if the lender wants to chase you for money they would have to make a fresh application for possession and you would have the opportunity to counterclaim. If the order remains 'live' then the lender can go straight to a Warrant for Eviction if/when arrears build up again.

Your application is to dismiss the current possession order because those arrears have been paid. My worry would be that if any new arrears have accrued since the application was made the DJ may take a negative view. It would be wise to make sure there is nothing outstanding (albeit disputed by you) when you get to the hearing so the court has no real reason to dismiss your application.

[jimmyq]

Re: hi i need some urgent help and advice pls due to be evicted

See the above

i definately need a solicitor then im none of the above and i also suffer from anxiety and panic attacks so ive no chance

ill have to arrange a solicitor then

[Paul.]

Re: hi i need some urgent help and advice pls due to be evicted

hi guys sorry you have not heard from me just been waiting for the courts to deal with my application i recieved a letter back from the courts this morning saying a hearing will take place on thursday the 6th of december 2012 which will be for around 15mins but it also states at the bottom

please note: this case may be released to another Judge, Possibly at a different court


question time

do i need to be there? Is it your application? if so, then yes you do need to be there or it may be dismissed and costs ordered against you

do i need a solicitor? it depends on how competent you are, and how confident you feel in arguing the points before the judge

Also with the help of you guys i need some solid bullet points ive been going through the settlement figures ive been recieving some of them dont tally up and i got one from last year the figures were touching £100k now they £94k etc theres alot of cockups they have made too

please advise

See the above

[jimmyq]

Re: hi i need some urgent help and advice pls due to be evicted

hi guys sorry you have not heard from me just been waiting for the courts to deal with my application i recieved a letter back from the courts this morning saying a hearing will take place on thursday the 6th of december 2012 which will be for around 15mins but it also states at the bottom

please note: this case may be released to another Judge, Possibly at a different court


question time

do i need to be there?

do i need a solicitor?

Also with the help of you guys i need some solid bullet points ive been going through the settlement figures ive been recieving some of them dont tally up and i got one from last year the figures were touching £100k now they £94k etc theres alot of cockups they have made too

please advise

[PlanB]

Re: hi i need some urgent help and advice pls

The good news is your application to have that possession order from 2009 cancelled (because you've cleared those arrears) has not been dismissed out of hand by the court

If the DJ wants a hearing it's probably because he wants more background info and evidence before making a decision without the involvement of the original Claimant or Defendant. An ex-parte application means a DJ has to make up his mind in an information vacuum with neither party to the proceedings being present to argue their case or argue with him.

Sadly I'm not a legal expert and you'll have to ask the CAB what to do next unless I can attract the attention of Paul to explain your options

My worry would be that if more arrears accrue this month (before any hearing is listed) the DJ may take a negative view of your application. Contact your CAB helper on Monday.

Have a good weekend until then

[jimmyq]

Re: hi i need some urgent help and advice pls

hi just recieved a letter from the courts today

saying

further to you ex-parte application this was placed before the district judge who stated the matter should be listed for hearing, in order that this can be done please provide the additional fee of £35.00


so now what happens guys???

[jimmyq]

Re: hi i need some urgent help and advice pls

hi guys just an update.....

still not recieved anything back from the courts (been 2 weeks now )

but cantor law wrote a reply to the CAB letter above

the complaint is not about ourselves we have passed your letter to our clients customers relations team who will deal with your complaint accordingly


Harpmanor wrote a reply to the complaint letter by CAB

thank you for your letter.im sorry that you have cause to complain. i understand that you claim the loan was mis-sold to you because of the following reason:

1: you believe the contract is unfair and the excessive interest terms were not explained when you took out this loan

2: you were not told what costs would be incurred if the loan was not repaid by april 2007

3: you were told that if the loan was was not repaid by april 2007 you would be charged 5% interest on the total debt remaining


as the loan was sold through a broker,crystal mortgages limited, they will have to reply. this is because they sold the loan to you. our regulations state that the company sold the loan,must reply to the allegations of mis-selling

i have forwarded them a letter advising them of your concerns,they will contact you shortly.

additionally you have stated the following

4: there is no mention of the renewal fees in your loan agreement
5:you have been charged an exit fee but the loan is still live
6: you have been charged £8049 in admin costs

if this is norrect or you have additional concerns that i should be investigating for you please let me know. i will respond to you within the next 8 weeks or you can contact me on my direct line etc etc

for clarity i have enclosed a copy of the loan agreement and legal charge. i have highlighted clause 11 which outlines the renwewal fee of 5% and clause k which outlines the exit fee. you have not yet been charged the exit fee. it becomes payable when you redeem the loan



cystal mortgages sent a reply to the SAR

Many thanks for your letter to which we are more than happy to co-operate with

however having reviewed its contents we need further information before it can be actioned:
The letter requesting the file needs to be signed by the co-applicant (my wife)

we were the commercial mortgage packager in this instance the lender is harpmanor adress blah blah
they will be able to provide you the lender file for you records if needed

[vint1954]

Re: hi i need some urgent help and advice pls

I dont know how much of your communication with these people has been dealt with via the telephone.. but the FSA now demands that all calls in relation to "Mortgage" arrears must be recorded. So when you are making your SAR requests you need to ensure you ask for copies of the recording and transcripts of the calls.

Good point MM

[Meerkat Mob]

Re: hi i need some urgent help and advice pls

I dont know how much of your communication with these people has been dealt with via the telephone.. but the FSA now demands that all calls in relation to "Mortgage" arrears must be recorded. So when you are making your SAR requests you need to ensure you ask for copies of the recording and transcripts of the calls.

[jimmyq]

Re: hi i need some urgent help and advice pls

Maybe you should send a copy of the agreement to Niddy again to check now that things have moved on from your situation in July. He will pass this on to Paul if that's the way forward. In the meantime follow the advice given to you by the CAB

Hi both Paul and niddy have copies of the agreement i was going to post it here too but

Ill send both harpmanor and crystal the SAR on monday too

[PlanB]

Re: hi i need some urgent help and advice pls

hi nobody has told me its covered with the consumer credit act
also are you suggesting i send the SAR to crystal mortgages too ? and can i reduce the time limit from where it says on the SAR they have 40 days to reply to me to ie 14 days or even better 7 days

Maybe you should send a copy of the agreement to Niddy again to check now that things have moved on from your situation in July. He will pass this on to Paul if that's the way forward. In the meantime follow the advice given to you by the CAB

[kilasuit]

Re: hi i need some urgent help and advice pls

hi nobody has told me its covered with the consumer credit act
also are you suggesting i send the SAR to crystal mortgages too ? and can i reduce the time limit from where it says on the SAR they have 40 days to reply to me to ie 14 days or even better 7 days

SAR unfortunately is 40 days and nothing you can do to make it quicker than that, im afraid.

[jimmyq]

Re: hi i need some urgent help and advice pls

hi nobody has told me its covered with the consumer credit act
also are you suggesting i send the SAR to crystal mortgages too ? and can i reduce the time limit from where it says on the SAR they have 40 days to reply to me to ie 14 days or even better 7 days

[PlanB]

Re: hi i need some urgent help and advice pls

One final thought for now: Has anyone with authority actually told you whether your loan agreement is or isn't covered by the Consumer Credit Act