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

[jimmyq]

Re: hi i need some urgent help and advice pls

ill wait for paul and niddy to get back to me see if theres anything we can do on the agreement etc then ill write to the fos and take the next steps @transformer and planb and the rest of the guys its much appreciated for all your help and advice hopefully all of us together can try and do something about this

[PlanB]

Re: hi i need some urgent help and advice pls

Also post up if you get any letters from Blemain or another Notice of Eviction from the court so we can tackle it pronto

[jimmyq]

Re: hi i need some urgent help and advice pls

i cant really afford to keep paying £910 a month was meant to pay this month again not paid got another letter through today reminder ill just add it to the rest of them

[PlanB]

Re: hi i need some urgent help and advice pls

Have you checked you're getting all the benefits you could be claiming to help you through this rough patch. Even if you're self-employed you could still be entitled to Working Tax Credit and your claim can be backdated up to 90 days in most cases And on a low income you may be able to get Council Tax benefit too.

If as you say you're being treated by your doctor for depression and can't work you may be able to register as unemployed and claim Jobseekers or Income Support for you and your family. In some cases you will be entitled to have the interest on your first mortgage paid by DWP so that could prevent possession proceedings advancing on that one. I'm not an expert on Benefits but others on this site may be able to help you

Maybe it isn't wise to ignore that arrears' letter from Blemain. If it was me I would write back briefly to say that you are now taking professional advice on your situation and you will be in touch again in 2 weeks (give them a specific date so it doesn't sound like manana). Creditors don't like being ignored because it means they don't know what's going on and start assuming the worst. If they don't know you're struggling they won't feel the need to cut you any slack, so start communicating if I were you but only in writing.

How many times has Blemain applied to the court for a Warrant of Eviction so far? If you say Blemain has a suspended possession order do you have a copy of it to see what conditions are on it because if you don't break the conditions then they can't evict you. You can usually apply to the court to have those conditions changed to something you can handle

I presume that both mortgages are 'interest only' and not 'repayment'. If not switching to interest only will reduce the amount you have to pay each month. Lenders normally let you do this

[lookingforward]

Re: hi i need some urgent help and advice pls

Fingers crossed for you Jimmy, I know what it's like to have the threat of repo on your house hanging over you.

Your in good hands here.

[jimmyq]

Re: hi i need some urgent help and advice pls

I will write to blemain but im unsure what sort of order they have on me last thing i want to do is write to them and say im struggling etc and they take the letter to court saying i cant afford to pay and get me straight out im sh**ting bricks here and dont want to fall into something deeper? Im unsure of what to do was waiting for paul and niddy to get back to me but not heard out from them as yet . I dont know if they have found anything on my side in the agreement really wanted to make the case stronger with the fos and then deal with blemain on the side myself. I think once they hear from the fos then they recieve a letter off me etc they know i mean business?? Thanks for all your advice guys my heads all over the place but im making notes from all your posts and its much appreciated will do as everyone says but need a starting point

[cymruambyth]

Re: hi i need some urgent help and advice pls

If I remember, you have just fought off another repo order. Paul and Niddy are both busy but will help you, maybe a gentle pm to remind them. I would wait until you have heard from them before doing anything in case they find something or just put forward some ideas.

[PlanB]

Re: hi i need some urgent help and advice pls

If that letter from Blemain is a routine reminder of your arrears' situation then it may be ok to wait for Paul and/or Niddy to comment on your credit agreement. However if there is a specific date on it for you to remedy the situation then you may need to respond sooner rather than later. Perhaps you could post up the letter with all the personal information blanked out?

[PlanB]

Re: hi i need some urgent help and advice pls

If I remember, you have just fought off another repo order. Paul and Niddy are both busy but will help you, maybe a gentle pm to remind them. I would wait until you have heard from them before doing anything in case they find something or just put forward some ideas.

Jimmy already has a possession order and several subsequent attempts to evict him and his family from their home so I believe he can't afford to ignore any correspondence sent to him by the lender at the moment. But that's just my own personal opinion.

[jimmyq]

Re: hi i need some urgent help and advice pls

Would be good if you could scan and post up the letter or if you don't have a scanner, you could take a picture with a digital camera or mobile phone after covering up your personal details.

There have been suggestions of replying or not replying but without seeing it it's hard to tell what the best course of action is.

Is £910 your regular mortgage repayment or does it include payment towards the arrears?

£910 is what i have to pay every month
the letter they send is just a standard one reminding me to pay pauls busy at the moment will reply once he gets a chance to look, but i think i should write to the fos and make my case a little stronger? can any of you suggest some valid ideas i can put forward to them please?

[jimmyq]

Re: hi i need some urgent help and advice pls

I am very pleased that you managed to pay off your arrears in time to cancel the eviction on 10th.July.
Can I please try to encourage you to keep up your payments of interest as another payment fell due on 12th. July which, after taking consideration of the arrears payment mentioned above, creates another arrears balance of £902.00.
Next month (on 12th.August) a payment of £940.89 falls due …. and so on.
If you let the arrears build up Harpmanor is likely to get another eviction date and the same problem arises.
Please do your very best and the eviction problem could be avoided.
If you could possibly redeem the bridging loan this would be the best way forward – maybe your brother could help you ??
Let me know if there is anything at all that I can do for you.
Regards

Roger Dewsbery
Crystal Mortgages Ltd
Tel: 01922 722 008 Fax: 01922 746 212

[PlanB]

Re: hi i need some urgent help and advice pls

That is not an agressive letter but it does point out that each time the arrears build up it starts a cycle of eviction procedures. The letter comes from the broker (not the lender) who you have said has suggested a refinance of your bridging loan. Maybe he has a point.

If the broker could substitute your bridging loan @ 24% interest (approx) with a longer term loan of (say) 8% interest then it would become more manageable each month until you decide what to do next. The threat of eviction would be gone forever since the possession order would be gone forever. It's not normal to suggest people take out finance to pay off finance, but in this case you would be restructuring the loan to avoid eviction which isn't such a bad idea.

As far as I'm aware this wouldn't prevent you from challenging the amount of charges and interest which have accrued on that original bridging loan and claiming them all back if they were deemed unfair. Redeeming a loan isn't the same thing as agreeing or accepting liability for the amount.

I see no harm in asking the broker what he has in mind without making any commitment at this stage

I also note that you are being pursued by Harpmanor so I presume that they are the creditor named on your agreement and not Blemain

[PriorityOne]

Re: hi i need some urgent help and advice pls

I will write to blemain but im unsure what sort of order they have on me last thing i want to do is write to them and say im struggling etc and they take the letter to court saying i cant afford to pay and get me straight out im sh**ting bricks here and dont want to fall into something deeper?

You're perfectly entitled to make a straightforward request for information that will help you (and us) to understand the position you are in fully. As it stands at the moment, as long as you keep paying these arrears, you'll be ok..... so there's no logical reason for anyone to approach the courts to get you out.

If you let the arrears build up Harpmanor is likely to get another eviction date and the same problem arises.

Should you not be writing to these people and not Blemain?....

[PlanB]

Re: hi i need some urgent help and advice pls

The OP is waiting for Paul or Niddy to take a look at his credit agreement before he can write to the creditor to challenge it. He has already been encouraged to reply to any letters sent to him which appear to come from the broker Crystal who is 'in association' with Harpmanor which is an intermediary for the lender. In the meantime he needs to avoid impending eviction.

[PlanB]

Re: hi i need some urgent help and advice pls

You're perfectly entitled to make a straightforward request for information that will help you (and us) to understand the position you are in fully. As it stands at the moment, as long as you keep paying these arrears, you'll be ok..... so there's no logical reason for anyone to approach the courts to get you out.



Should you not be writing to these people and not Blemain?....

Jimmy already has a possession order from the courts and so the Claimant (the lender) is lawfully entitled to evict him if he breaks the conditions of that order without any leave of the court. He has been in arrears on a regular basis and has received a Notice of Eviction several times, and cannot afford to make these payments except by borrowing from his family.