Hello Forum members

[VinnyB]

Hello Forum Members

I have just joined your Forum and look forward to learning from you all.

I am currently fighting against Idem taking our home on Monday 12th June 2017!

I have already posted the outline of our case on 8th June 2017, I have realised I am not alone by joining this forum.

Thank you and I look forward to expanding my knowledge.

[Kati]

Re: Hello Forum members

Hi [MENTION=102690]VinnyB[/MENTION] to LB xx

[Diana M]

Re: Hello Forum members

I've just seen this post on your other thread which tells the backstory >

Idem are taking us to court to complete the possession of our property on Monday 12th June 2017.

We took a loan from Picture Loans in 2006 for home improvements, the value of the loan was £80K plus over £15k for the PPI which was only covering myself as my husband has type 2 diabetes. We were forced into the PPI by Picture Loans, they told us we could not have the loan without it! We then learnt Pictures Loans went bankrupt and Picture Loans No1 took over the loan they went bankrupt, and Picture Loans No2 took over the loan! Then in 2010 Idem took over the loan. We were very concerned about the whole loan and PPI so we asked the Financial Ombudsman, Financial Services Commission to look into this in 2008, so both organisations started investigating by this time we had also engaged a Solicitor. Our Solicitor told us the whole loan and PPI had been miss sold! Since 2006 to 2014 we were making payments but as we got NO response from Idem, we took the hard decision to stop paying, as a way to open proper communication.

This year Idem have taken us to court to repossession our home, they only have the second charge and the first charge which is our mortgage is completely up to date. We are getting a rebate on the PPI which we hope to pay part of the loan off. During the dispute 8% compound interest has been added by Idem, so the £80K loan which we paid over £33k off, is now £124K because of the added interest.

It appears you've had a solicitor advising you but it's not clear whether they advised you to stop paying when you say you did this to encourage/force communication.

Without seeing any of the paperwork it's difficult to comment but you appear to have a Suspended Possession Order (is that correct?) and will be in court on Monday perhaps because you've breached that SPO when you stopped paying (is that the case?) or for some other breach.

If your solicitor is not representing you at the hearing then get to the court early and ask to see the Duty Solicitor. Most county courts have one. They can provide free representation at repossession hearings but this may be based on your financial circumstances. (They're funded to help Defendants who can't afford to pay for representation.)

If you've been advised the secured loan was missold and so was the PPI then have you filed a Witness Statement with any evidence to that effect challenging the amount claimed by Idem?

Have Idem's solicitors filed a WS for Monday's hearing?

What was the outcome of the FOS investigation?

If you no longer have those solicitors representing you then I would think you need to source new legal help since the roof over your head is at risk.

I can't say what you should do but if there are unresolved legal issues (misspelling/PPI/interest) or new evidence only recently produced by the Claimant then you may wish to ask for an adjournment to seek legal advice "in the interests of justice".

However if you're not paying a bean (since 2014?) the DJ may take the view that the other side would be prejudiced if the situation (non payment) continues especially if there is no or limited equity in the property. Do you have ample equity to cover both the first mortgage and the secured loan?

Are you in a position to pay the contractual monthly amount of the Idem loan but have taken the decision not to pay it because you don't believe you owe it?

If it goes horribly wrong on Monday then contact Shelter's free helpline 0808 800 4444. In fact I would give them a call today/tomorrow since they are open 8 am - 5 pm at weekends.

Di