Suspended Possession Action

[princesstracey]

Appoligies for posting here but i cannot find anywhere to start a new thread.

I fell behind with my Mortgage arrears in 2006 and went to court in august 2006 (the arrears were £1200 but by time i got to court they were £750 as i paid some off)and was granted a suspended repossesion order on the grounds i pay my normal monthly mortgage payments plus £50 towards the arrears. I paid the arrears off in full 2mths later.

For over a year i have had no arrears and kept up with the payments. However since christmas we have got had some arrears. (most seems to be costs they are adding at £54 a mth monitering charge) The arrears are £1,189

I thought that since we paid off the arrears that were on the court order that the court order would no longer be in place.
However today i recieved a letter from solicitors saying
'as you have not adhered to the terms set out in the court order, our client instructed us to enforce it by applying for an eviction date to be set'

The offices of the solictors and my mortgage company are closed on a weekend so i am stressing since i cannot contact anyone. Have tried callin advice centres but they are all constantly busy.
I have 2 small children and nowhere else to go. i dont qualify for housing.
I have full time wages and can afford the repayments.
i can afford to pay the arrears but would ideally need 2 mths.
How long will i get? How quick will they want me out?
From what i have read it seems i can get a form and go to court and ask for time.
I really didnt know this suspended possession order would count for all future arrears or i would never have let it get this bad.
Any advice would be great thank you

[Ell-enn]

Hi there, welcome to CAG. Firstly, please don't panic, we can help you with this, you will not be evicted from your home! You will need to fill in a form N244 and take it to the court once you get an eviction date, this form is to ask for a hearing to stop possession (you can download it from the courts website - I'll give more details later) and I can help you with this.

To put this into perspective, I have been involved in helping people in much worse situations that you, even on the day of proposed eviction, and they have kept their homes.

As you have not received a date for eviction yet, you should write a letter to the solicitors detailing your offer of payment towards the arrears and enclosing an income and expenditure statement (if you haven't done one before I can point you in the right direction). You will need to send this letter on monday by guaranteed next day delivery. Again I can help you with this if you need me to.

If they do take action for possession, this letter will prove you have tried to come to an arrangement. In the meantime, make any payment you can towards the arrears (by phone if possible).

Please try not to stress too much, I am sure it will be OK.

In the meantime I will move your post to the mortgages and secured loans section of the debt forum and titled your thread Suspended Possession Action

Kind Regards

Ell-enn

[sillygirl1]

Once this second lot of arrrears are clear you need to get a Notice of Discontinuance which will close the case down and the mortgage company will have to start from the beginning again instead of at step three. Their legal lot will fight this but there shouldn't be too many problems getting it stopped once you have paid up.

[princesstracey]

thank you. i will do the forms now and the letter. I have sent them letters before but they never acknowledge them so i will make sure i send special delivery.
Do you know if they suspended possession order stands when i totally honored that order? I have heard that once the arrears are cleared on that order that it can be removed. Does that not count now that i have other arrears. Maybe i am being Stupid but i thought they would have to apply for an order again for these arrears since i completed the other order by paying off all the arrears..and i did so within 2 months.

My mortgage is due on the 1st of the month (£394)
On Friday i can afford to pay £700 towards the Mortgage and then on the 5th May i can pay an extra £300. so after the 5th May the arrears would only be £500. I would be able to pay that on the 26th May.

The last time i went to court i tried calling and offering them £100, £80 a month towards the arrears but they refused, yet when i sat in the court waiting room they came over and offered me £50 a mth so i am just afraid they will not be reasonable and listen to my offers and just want repossession. I owe £42000 mortgage to them and my property is worth at least 100,000 so there is alot of equity in the house. We were going to remortgage in July (starting it in May) to get away from this company anyway. But we have an early settlement fee to pay of £3000 if we do it before 19th July

[princesstracey]

Originally Posted by sillygirl1

Once this second lot of arrrears are clear you need to get a Notice of Discontinuance which will close the case down and the mortgage company will have to start from the beginning again instead of at step three. Their legal lot will fight this but there shouldn't be too many problems getting it stopped once you have paid up.

Thank you, i guess i should have done this last year when i paid the arrears but i didn't know this could be done.

[Ell-enn]

Hi there, send the letter first by next day delivery - check on the Royal Mail website a few days later to see that it has been signed for, then print off the receipt and keep with your copy of the letter. You will need to produce this if it goes to court, to show that you have tried to come to an arrangement.

No point in filling in N244 until (if) you get an eviction date. Also, make the payments you have stated in your post, and we'll take it from there. If you still have any paperwork for the previous possession court action, ring the court concerned and quote the Claim number, ask them if the suspended possession order is still current.

Given, what you can pay towards the arrears over the next few weeks, there is no way the lender will get possession.

Stay positive, any questions just ask.

Kind Regards

Ell-enn

[Ell-enn]

Incidentally - who is the lender?

Ell

[princesstracey]

The lender is Morgages Plc. Thanks

[princesstracey]

Have called the solicitors who is dealing on behalf of Mortgages Plc this morning. Basically they can't tell me anything as they have no details except they are being told to enforce the order. Called the Court and they said they cannot check if the order is still valid, i would have to ask the claimant.
Going to call Mortgages Plc when they open at 9 and see what they say...but i am not hopeful

[Ell-enn]

Hi there, if you get them to agree to anything make sure you ask for it to be put in writing.

Kind Regards

Ell-enn

[princesstracey]

Have called them. They were not very helpful at first. Saying the order lasts for 6 years so is still valid and that they are just going for eviction.
I asked if they would accept regular payment offers to clear the arrears and she said no, they want full payment before end of April. I said that if that was the case i would have to go to court for an N244 form when i received the eviction date. I said i would pay £600 on friday and that i hoped that would show the court i could was trying to pay off the arrears. She then started listening. In the end she said if i called Friday and paid £600 then that would take the arrears below half and they could then stop the eviction being enforced and set up a payment plan. She also suggested i change the mortgage to interest only for a while to allow me to be able to pay more to the arrears.
I am going to call Friday and make that payment to them over the phone and set up a payment plan. I will make sure i get them to send me it in writing also once it is agreed.
I am going to send off the letter today which outlines what i agreed in the call.
Thank you for your help, i will let you know how i get on Friday.

[Ell-enn]

OK, when you send the letter make sure it is by recorded delivery, keep a copy of the letter for yourself and then check on the royal mail website a few days later to make sure they have signed for it. Print off the receipt and keep with your letter in case you need to prove it. Also, make sure you have the correct address, department and name of the person you spoke to in order for the letter to get to the right place. Some mortgages companies have different addressed for their legal dept etc.

I'm glad to hear they have come to an arrangement with you, if they stick to their end of the bargain it should take the pressure off you, but will be better when you have it confirmed in writing from them

Let us know how you get on.

Kind Regards

Ell-enn

[princesstracey]

received the eviction date today of 9th May 08.
Started to worry me again. in case they back down out of the agreement on Friday but i called them up again and they said they have a note on their system that says they will put a hold on eviction if i pay 600 on Friday and sort out a payment plan.
Just worried i guess in case i have to go to court. what if they decided to evict me anyway. i know the arrears would only be 500 by then but its still stressing me

[Ell-enn]

OK, don't panic, there is no way you are going to lose your home for £500. Make the payment on Friday and then ask them to confirm in writing BY RETURN that you have a payment plan in place and that the eviction has been cancelled.

However - Don't take their word for it unless you see it in writing. Ring the court middle of next week to check they have cancelled the warrant for possession. If they haven't then we will need to enter a N244 application to the court to ask for a hearing to stop eviction. Don't worry we can help you fill that in. Hopefully it won't come to that.

Keep posting, we will give you as much support as we can.

Kind Regards

Ell-enn

[princesstracey]

thank you, i will do. you make me feel less stressed!!