Repossession hearing involving Eurosail/Acenden

[fogontheytyne1954]

I have a repossession hearing on 16th June 2014 initiated by Eurosail-2006-1 PLC (c/o Wilmington Trust SP Services). I have arrears of £2300 and the monthly payment is £113 per month. I am currently on ESA and receiving government interest help of £27.64 paid directly to Acenden the loan administrators for want of a better word. I try to pay £30 per month from my benefit but can't always make it. Acenden and Eurosail's attitude has become increasingly hostile and uncooperative recently. I think its since house prices started to rise but then I could be paranoid.. There is no leeway with these people, I have spoken to people who one minute tell me they are from Acenden and the next call they're Eurosail. Shelter have been helping me and when their rep told Eurosail/Acenden we were going to try and sell the house she got "We're not having that" and then the solicitors letters started with repossession. I have been unemployed since 2009 and now my health is not great which has led to me being on ESA since January while hospital tests are being done. I am 60, have arthritis in knees, hips and hands.
SSAFA and the Army Benevolent Fund are assisting to get temp funding from my regiments funds to bring house up to scratch before I can put on the market.
Is there any advice you can give me.
I am resigned to selling my house but I don't want it taken from me. I have equity and it is all I have for the future whatever that entails. Thanks for any help.

[fogontheytyne1954]

Re: Repossession hearing involving Eurosail/Acenden

what a waste of time. not 1 reply.

[CYNthesys]

Re: Repossession hearing involving Eurosail/Acenden

BUMP

[Amethyst]

Re: Repossession hearing involving Eurosail/Acenden

It is always okay for you to send a pm to some one or an email to take a look at your thread if it is overlooked for more than a couple hours xx Sorry to have missed your thread.

[Amethyst]

Re: Repossession hearing involving Eurosail/Acenden

Is the monthly payment of £113 your normal mortgage payment - and the £30 a month the amount agreed to repay your arrears on top of that £113 monthly payment?

Have you put anything into court to plead your case to allow you to repay the arrears at £30 a month until it is sold, if not you should do so, income and expenditure sheet, plus a witness statement detailing the steps you are taking to get the house ready for sale, mention the charities that are helping you make the house ready and give a timeline when you expect to get the house on the market - if you can say you'll get the house on within a sensible period and ask to allow you six months to sell you might have a shot at having suspended possession so long as you keep up the £30 a month additional payments. You may have to sell under the market value.

Are you paying interest only or repayment mortgage? How much is the mortgage outstanding on it and what do you think it is currently valued at ? All that should go in your witness statement as well.

[Sparkie1723]

Re: Repossession hearing involving Eurosail/Acenden

Might be of assistance ...just searched the FCA register and this came up

Search by Name and/or Postcode
Firm Name: Eurosail 2006 1 Plc
Postcode:EC2R 7AF
No matches found

Sparkie

[fogontheytyne1954]

Re: Repossession hearing involving Eurosail/Acenden

The monthly payment is £113 and I have been only able to make partial payments of £30. The Gov assistance is also paying £27.96 interest payments monthly. I am getting help from Shelter who are writing to the court on my behalf and SSAFA are trying to get funding to help put house in order to sell the house. My main mortgage is with Bradford and Bingley and currently owe £138,000 on it and £15,000 to Acenden (£2300 arrears). Market value of property is £200K. I have sent in defence forms. My outline plea to court re circumstances was is "I was made unemployed in July 2009 and been unemployed since. Since that time my health has deteriorated due to arthritis in knee, hip and hands resulting in 2 periods on ESA. The current period started on 16 January 2014 and currently remains in place. I am currently being treated for depression and undergoing exploratory consulatations for prostrate and other problems. If I were to be ordered to leave the property immediately I would have nowhere to go and would be in extreme medical difficulty. I have applied for housing from North Tyneside Council."

[Amethyst]

Re: Repossession hearing involving Eurosail/Acenden

Okay, I might be tempted to expand on that - are shelter helping you through the repossession hearing?

Are you making the payments on the B&B okay - is that just interest only covered by gov assist?

[fogontheytyne1954]

Re: Repossession hearing involving Eurosail/Acenden

Yes they are writing to the court but not attending. I have to go early and get duty solicitor. Could you tell me what points you would expand on. Thanks for your help. This is so stressful I really appreciate your help.

[fogontheytyne1954]

Re: Repossession hearing involving Eurosail/Acenden

Sorry B&B are okay in fact have been brilliant.

[fogontheytyne1954]

Re: Repossession hearing involving Eurosail/Acenden

Yes they are writing to the court but not attending. I have to go early and get duty solicitor. Could you tell me what points you would expand on. Thanks for your help. This is so stressful I really appreciate your help. B&B are ok and they get Govt Assistance payment for interest.

[Amethyst]

Re: Repossession hearing involving Eurosail/Acenden

''"I was made unemployed in July 2009 and been unemployed since. Since that time my health has deteriorated due to arthritis in knee, hip and hands resulting in 2 periods on ESA. The current period started on 16 January 2014 and currently remains in place. I am currently being treated for depression and undergoing exploratory consulatations for prostrate and other problems. If I were to be ordered to leave the property immediately I would have nowhere to go and would be in extreme medical difficulty. I have applied for housing from North Tyneside Council." ''

I'd add in your are trying to prepare your house for sale and being assisted by the two charities, you expect to get it on the market within X months and sell within 6 months thereafter - that the second charge is small in proportion to your mortgage and your mortgage lender is being helpful and understanding of your circumstances, and that there is enough equity in the property to allow you to repay you full mortgage and the second charge debt and leave enough for you not to become a burden on the state through your retirement - however if it was sold at well under market rates which you fear would happen under repossession there may not be enough to repay both debts.... (eg house sold 30% under market value would only get £140k so wouldn't actually repay eurosail/acenden anyway as there would be a shortfall) Also out line the work you have done on the house so far and what is remaining.

Do it in a witness statement format and include the bits you have already submitted to the court in your defence - do you have a copy of the letter shelter sent to court as that will have some useful bits in. If the judge doesn't take account of the witness statement before the hearing (as it is a little late in the day) you can have it with you to read from.

eg

IN THE County Court at Oxford
Case No xxxxxxxxxxxxxxx

BETWEEN:

EUROSAIL/ACENDEN
Claimant

-and-

xxxxxxxxxxxx
Defendant



WITNESS STATEMENT OF XXXXXXXXXXXXXXXXXXXXXXX

I, xxxxxxxxxxxxxxxxxxxxxx of xxxaddressxxxxxxxxxxxxxxxxxxxxxxxxxxx am the defendant in this case and make this statement in defence of the application for repossession of my home;

1) I have a secured loan with Acenden/Eurosail etc which was taken out on/around xxxxxxxxxxxxxx for £xxxxxxxxxx

2) Up until xxxxxxxxxxxxxx I made regular repayments under the terms of the contract

3) On/around xxxxxxxxxxxxxx I became ill and left employment etc

4)

5)

20)



I believe that the facts stated in this witness statement are true.

Signed:

Dated:

[fogontheytyne1954]

Re: Repossession hearing involving Eurosail/Acenden

Thank you I will do that. Can I run what I write past you tomorrow in draft form. Thank you for your help.

[Amethyst]

Re: Repossession hearing involving Eurosail/Acenden

Of course; just PM me if I'm not about xx Don't worry too much about perfect wording just get all the facts down particularly how repossession will affect you xx

[fogontheytyne1954]

Re: Repossession hearing involving Eurosail/Acenden

I have sent you pm with draft statement thanks.