Yet another big name in the High Street finance sector is found guilty of financial products
mis-selling and is fined £7.4m by the Financial Conduct Regulator (FCA).

Swinton have admitted to putting profit before customer service or even following the law.

Their mis-selling relates to Swinton staff attempting to sell “add-ons” in the form of personal accident, home emergency and motor breakdown policies, between April 2010 and April 2012. Customers were led to belivev that such add-ons were optional, which they weren’t.

The FCA said such add-ons generated £92.9m of income for the company.

Swinton said it had now contacted more than 650,000 customers, and paid out £1.9m in compensation.

On average customers have been paid £55 each.

How Can I Claim Mis-Selling Compensation From Swinton?
Find Out How to Claim

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Over recent months I have helped a number of people having their homes repossessed, and been to Court with them.

For many people, the fear that they will lose their home, sends them into a blind panic. They are too embarrassed to talk to anyone they know about it, and will often try to seek advice from a number of sources such as:

  • Citizens Advice
  • Shelter
  • go online to seek help from companies offering “fast cash house sale” or “repossession prevention”.

Citizens Advice:

As I have mentioned before, I am not a huge fan of Citizens Advice with regard to debt issues, unless you are lucky enough to meet a debt specialist there. And if they are  debt specialist, they will often be a specialist from a financial or debt help company background…and will probably never have experienced the fear of being hounded by debt collectors, bailiffs or mortgage companies.

Shelter:

A charity, so you would expect to get some good free advice here, but according to clients who have eventually come to me for help, they have told me that they are referred on to solicitors who charge a minimum of £800 payment upfront before any consultation begins. And for that fee, they aren’t even represented at the Court hearing.

Fast Cash House Sale & Repossession Prevention Companies Online:

For the uninitiated, most companies who advertise “stop home repossession” or “get a fast cash sale” are in fact property investors who want to buy your property (you are a “distressed seller” in their terminology and you are therefore like the proverbial “pot of gold” for them). Under no circumstances sell your property to one of the many property investors advertising these services.

Then there are other “Stop Home Repossession” services which masquerade as charities when they are not. How can a charity pass you on to a “Home Rescue Co-Ordinator” who charges a minimum of £700 to write a defence letter for you to take to Court on your own, without any additional support? Not exactly a charity!

At Moneybuddy, we don’t claim to be a charity because we aren’t – we specialist in free debt advice via our blog and stopping home repossessions by helping clients go through the repossession and eviction process run through UK County Courts. And we don’t buy properties from distressed sellers either, because we don’t think it is ethical.

How To Stop Your Home Being Repossessed – What You Can Do Yourself :

It is possible to represent yourself in the whole repossession/eviction process if you know what you are doing, but it is really not for the faint-hearted.  Below we outline how you can help defend yourself in these cases.

If you have got to the stage where your mortgage company is threatening you with repossession, or they have issued the first repossession hearing, you are likely to be given a Suspended Repossession Order, if you can make a case for keeping your property and explaining why you have arrears. You must also be able to demonstrate that your situation has changed since you developed the arrears and can pay the arrears off going forward. I would recommend you take a copy of an Income & Expenditure form with you, which you can do on an Excel spreadsheet, or just write down on a piece of paper. You need to be able to prove that you have additional income left at the end of the month, which you can use to pay arrears.

Remember, at the moment, the Courts are under instruction to repossess a property as a very last resort and I know people who have fought off up to 8 eviction /repossession hearings by going back to Court (I’ve helped one of them win his repossession case!). So give the Judge every opportunity to find in your favour, and not the mortgage company’s!

Once you have received a Suspended Repossession Order, you need to stick exactly to the payment dates and amounts as agreed in the Court Order. If you are claiming Housing Benefit, you need to make sure your housing office knows the dates and that you have a Suspended Repossession Order on your home, and the importance of you being paid on time.

If you don’t pay on time, you may have a further one or two months, depending on  your mortgage lender, to stop the repossession or eviction. If you do get notice of Eviction, this will be through the local County Court system and you will receive a time and date for the Eviction.

You then need to go IN PERSON to your local County Court and apply for an N244 Form (To Stop Eviction Warrant). You can download this here from the HMC website but you will still  need to take it in to your local County Court office between 10am and 2pm any week day.

It costs about £80 to file your N244 form to apply for a Court Hearing to stop the proposed eviction. You can apply for a Remission of Fees (EX160 form download) based on low disposable income (even if you are working or self-employed) or are on Income Support/Job Seekers Allowance if you cannot afford the fees. You will need to supply 3 months bank statements and an Income & Expenditure form to support your claim for Remission of Fees.

You can stop eviction warrants using this form and by going to Court to represent yourself at the Repossession Hearing. This is more or less your last chance to stop the eviction date, bar being able to prove that you have achieved a sale on  your property, or you can pay the arrears in full to your mortgage company before the eviction date.

You will normally complete the N244 and ask for a District Judge to hear the case, but in exceptional circumstances, or when all else has failed, ask for it to be heard by a Circuit Judge. You will be asked to attend Court or send a Solicitor to represent you, which is often very costly.

Need Support Going To Court For Your Hearing? Moneybuddy Can Help:

Now this all sounds very daunting and it often is, due to the pressure of the situation, and even people with the strongest personalities and utmost confidence can often crumble in front of a lender’s solicitor, or the Judge during a hearing.

For a simpler solution, speak to us about our Home Rescue Service  – we can come and support you in Court plus produce your defence paperwork for the Court hearing.

                                                     Call us on 07975 999096 


or use our Contact Form below to contact us – we aim to respond as quickly as possible.

 

If you are facing eviction or repossession of your home or buy-to-let property, please complete this form and give us as much information as possible. This information is 100% confidential and will not be disclosed to any 3rd parties

* (denotes required field)

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How to stop warrants for entry to fit pre-payment meters for utility companies

July 13, 2013

Today I attended a Court hearing at Magistrates Court to stop pre-payment meters being fitted to one of my rental properties. This was thanks to previous tenants leaving without paying the utility bills. I wasn’t looking forward to going to Magistrates Court as I have never been, but I decided I would do whatever it […]

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Case Study 3 – Abandoned Wife Owes £35k in arrears (case won!)

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  This case study shows how a seemingly successful marriage and very healthy finances, can suddenly change due to a relationship breakdown. Let’s call my client in this case study Gina. She was extremely distressed    when she first contacted me, just after receiving Court papers for her home to be repossessed. I went to visit […]

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Case Study 2: Residential repossession (8 previous hearings) – case won!

July 5, 2013

Several months ago a self-employed family man contacted me through the Money Buddy website to ask for help with his repossession and eviction case. As many self-employed people do, he used the money he should have been using to pay his mortgage to set up his own business, as a result of being made redundant. […]

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Case Study: Buy To Let repossession Stoke – case won!

September 21, 2011

This week I had another Court case as part of Moneybuddy’s Home Rescue Service, which helps clients stop repossessions and evictions. It is a great alternative to selling your home cheaply to fast cash house buyers (at a huge loss!). I only heard about the eviction warrant date on Monday 19th September at 5pm. The […]

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Freeman movement and writing off debt for free

September 19, 2011

I’ve been rather silent of late on the site, because I have been doing some training about Freeman concepts for getting rid of debt. For anyone who has not heard of the Freeman Movement – it is an alternative (and probably more real/accurate) view of the world we live in. It relates back to the […]

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Money Saving Tips: The Art Of Complaining

August 30, 2011

As anyone who has read my blog before knows, I highly recommend constructive complaining to faceless corporates and those companies in particular, that treat us poorly as consumers. I enjoy it just as an exercise in personal rebellion but also as I hate wasting money and hate being taken for a ride by such companies! […]

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7 Questions Quiz – How good are you at complaining?

August 24, 2011

Have a go at this fun, 7 question quiz to find out just how good you are at complaining? I thought I was a mistress of complaining…and my friends would totally agree…but apparantly I am rather poor at complaining, or at least seeing a reason for these complaints. http://www.bbc.co.uk/news/magazine-14630224 Enjoy – let us know how […]

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Lowells Debt Collection Services

August 17, 2011

I had yet another great offer through the post today, from a debt collection company. This time Lowell Financial Ltd, who were apparently “Debt Purchaser of the Year” in 2010 and 2007 according to the footnote on their email to me. They could be really helpful and even let me pay them £1 per month. […]

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