Urgent advice needed - Repossession

[sibry]

Hi All

I need advice, my girlfriend and i are due in court tomorrow morning for a repossession hearing.

My story is that 18 months ago i fell ill and was diagnosed with Type 2 diabetes, i was off work for 7 months and during that time we used credit cards to pay our bills including mortgage (silly i know). After the 7 months i went back to work and instantly we struggled to cover our bills due to the new credit card costs. I stopped paying the mortgage because the unsecured debts were being very threatening and the mortgage company did not shout as loud. 9 weeks ago we got court papers after which i phoned the mortgage company and they told me i should be paying them, so we have been paying them ever since everyweek. I have £3k of arrears and am paying about £169 on top of the mortgage payment towards the arrears. My mortgage company say its not enough.

After burying my head in the sand it has dawned on me today that this is serious.

I phoned PayPlan who have told me the judge should grant a suspended repossession order as we are paying the £169 a month towards the arrears.

But we are scared witless and i have no idea what i need to prepare for court tomorrow.

Can anyone help?

Thanks

Simon

[tiglet]

Firstly, this isn't as bad as you think.

Take the proof of payments in tomorrow and show the judge that you have been trying to clear this debt.

Work out tonight what you can afford to pay towards the arrears on top of your mortgage payment (be realistic so that you don't end up falling behind again).

There may be CAB advisor at court who can help you - if not, just be honest with the judge and show him what you can afford to pay. In all likelihood, he will make a suspended possession order and you will be OK as long as you keep making the payments.

[sibry]

Thanks for your quick reply

It is very reasuring to me. At the moment we pay £200 a week and this is how my maths work out.

£200 x 52 = £10400 (what we currently pay)

£697 x 12 = £8364 (Current Mortgage payments)

£10400 - £8364 = £2036 towards our arrears of £3097 each year

My worry is the mortgage rate being flexible. Is it possible to remortgage any time soon. Our current mortgage is sub prime and after coming out of the fixed rate period the rate shot up to 9.5%

[sillygirl1]

If its sub-prime the judge will be even more on your side and may get them to stop charging left right and centre whilst you are in debt. If you have children he might even 'Norgan' your debt, ie you have to pay a lesser amount for the whole of the remaining term of the loan...

Go to court early and see if there is an advisor to speak to, Croydon have one and they are really good. Which court are you going to.

[sibry]

Dewsbury - West Yorks

[sillygirl1]

Have you heard from Ell-en, she is very good on reposession letters to the court, PM her if she doesn't reply in the next hour.

I don't know what the court's record is like but I think in the current climate they are trying to stop the sub-prime crash over here.

[Ell-enn]

Hi there, please try not to panic -I'm sure as the others have said, that the judge will grant a suspension.

Did you return the defence papers you were sent from the court? you need to take a Statement with you to court to give to the judge - this will update him with the situation and you will not have to say much. I can write this for you tonight and send it to you - just let me know.

The hearing will not be as bad as you think, it will be held in a private room with just the judge, yourself and the representative from the other side. It would be VERY unusual for a judge to order possession at the first time of asking, especially as you have been making payments and can show you can continue to do so.

Stay positive, you will be OK.

Kind Regards

Ell-enn

[Ell-enn]

OK I'm starting the Statement for court. In the meantime you need to complete an Income and Expenditure summary (budget sheet). You can download one here: National Debtline England & Wales | Personal Budget Sheet

You say you are offering £200 per month? that seems a lot, you need to make sure you only offer what you can comfortably afford. If you overtretch yourself you may find yourself falling behind again and having to go through all this again.

If you print off the budget sheet, fill one in in pencil first, you can then correct things so you reach the right answer (if you see what I mean). Make sure your surplus income is what you want to offer towards the arrears - if you show more than that the lender will want more!

I will be online all evening so feel free to ask any questions.

Kind Regards

Ell-enn

[sibry]

Ok things are a lot calmer now.

That is all thanks to Ell-enn and her wonderful work.

Ell-enn, i can't thank you enough for your help, time and effort!!

I will report the result as soon as i get in tomorrow.

Cheers

Simon

[tiglet]

Good luck and stay positive.

Tigs xxx

[Faraday]

Good luck sibry, I'm in court for the same thing at the end of this month so I know how you feel. Fingers crossed for you!

[sibry]

Thanks for the messages.

Got a bit of a result today. We turned up an hour early to the court and was offered representation from the local housing association adviser.

He did a great job and after a nervous couple of hours we walked out with a judgment stating that we had to pay less in arrears to the mortgage company than we have been doing.

We were really nervous and found it all intimidating but to be honest i soon got the feeling that the mortgage companies representative knew he was fighting a losing battle.

I must say a special thank you to Ell-enn, her tireless work in creating a brilliant statement and answering my endless questions via email really made the difference i believe. Thank you Ell-enn

I now look forward to a brighter future

If i can help anyone please let me know

Cheers

Simon

[Ell-enn]

I'm so pleased for you, I hope you now find things a bit easier and can relax and enjoy your home

Kind Regards

Ell-enn

[tiglet]

Well done sibry - that's a great result.

You can certainly help - i'm sure there will be lots you can help with on the site, even if it is only reassuring people who are in the same boat as you.

[ananya]

Excellent news and well done