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Old 4th August 2008, 12:23   #1 (permalink)
jaxads
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Default Help With Mortage Repossession Please

Am posting as advised by Ell-enn. She was a fantastic help when I was helping a friend a while ago.

Friend has now got into difficulties with suspended possesison order and mortage company have written to say they're going to write to the court to enforce the order - she is obviously very upset and anxious to try to get everything back on an even footing and repay the arrears as soon as possible and thus hopefully safeguard her home. I know from Ell-enn that there are things that we can do to help her.

Not sure of any timescales or anything else at the moment, but any help would be most appreciated.
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Old 4th August 2008, 13:12   #2 (permalink)
Ell-enn
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Default Re: Help With Mortage Repossession Please

Hi again, no problem with help, just need a few details.

Is your friend able to pay anything at the moment?
Has she received a warrant for eviction yet? - if not she needs to write to the lender explaining her circumstances and making a new offer of payment. that way, if we have to make an application to court to suspend the eviction, it shows she has tried to rectify the situation.

What was the reason for missing the payment - bills etc?

If you can answer the above questions, I will be able to advise further.

Kind Regards

Ell-enn
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Old 4th August 2008, 13:37   #3 (permalink)
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Default Re: Help With Mortage Repossession Please

Hi Ell-enn

thanks for getting back to me so quickly?

Able to pay £500 tomorrow.

No warrant has been received, but she has received a letter from the mortgage lender to say they've written to court to request enforcement of the suspended possession order.

She had a bill for gas and electric of £1500 and made that payment as she was scared re the consequences of non-payment /magistrates court / cut off etc.

as always, any help is most appreciated.
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Old 4th August 2008, 13:44   #4 (permalink)
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Default Re: Help With Mortage Repossession Please

That's fine, we should be able to defend that OK if they issue a warrant. She must keep evidence of the gas and electric bill amount and proof of it's payment.

Is the £500 payment she is making tomorow towards the arrears or is is monthly payment including some towards the arrears?

What is the normal monthly payment and what can she afford to pay extra each month towards arrears?

Sorry for all the questions, but just need to get the right picture.

I can draft a letter to the mortgage company for her if you need me to?

Kind Regards

Ell-enn
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Old 4th August 2008, 13:52   #5 (permalink)
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Default Re: Help With Mortage Repossession Please

Hi the payment tomorrow will be the monthly payment plus an amount of about £130 towards the arrears.

If you could please draft a letter to the mortgage company that would be excellent. Many thanks.
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Old 4th August 2008, 15:09   #6 (permalink)
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Default Re: Help With Mortage Repossession Please

Hi there, below is the draft letter. You just need to fill in the info in where I have put brackets or XXX's and remember to affix a copy of the utility bill.

Also, remind your friend to send by recorded delivery and keep the receipt with a copy of the letter (don't send the original utility bill).

Kind regards

Ell-enn
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File Type: doc Jaxads mortgage co letter.doc (24.5 KB, 23 views)
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Old 5th August 2008, 10:11   #7 (permalink)
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Default Re: Help With Mortage Repossession Please

Many thanks Ell-Enn, will get details and complete the letter.

Fingers crossed.

Thank you very much again.
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Old 8th August 2008, 10:58   #8 (permalink)
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Default Re: Help With Mortage Repossession Please

Update --- friend tried to pay £500 by electron card, details taken, then the mortage company came back and said that they didn't accept that card. Friend said she'd go into the branch the following day to make payment. Went into the branch, they said the account number was no longer valid

So friend has written stating what has happened and enclosed a cheque. Hope this is ok. Fingers crossed.

Any advice Ell-Enn ?
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Old 14th August 2008, 11:27   #9 (permalink)
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Default Re: Help With Mortage Repossession Please

Friend wrote to mortgage company enclosing cheque and explaining reason for non-payment. Mortage company Have accepted and agreed to hold off any further action -- one very happy friend - thank you again Ell-Enn.
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Old 14th August 2008, 13:28   #10 (permalink)
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Default Re: Help With Mortage Repossession Please

Excellent - mortgage company being agreeable? - that's good news
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Old 3rd September 2008, 13:20   #11 (permalink)
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Default Re: Help With Mortage Repossession Please

Hi - just back on line briefly - having just got back from hols. Friend was advised (12 August) that provided payment were up to date (they were with the cheque) and future payments made (dd set up and claimed successfully in August) that no further action would be taken. However, letter from a different department dated 19 August, stated eviction to take place on 24 September. Eviction papers also received from court.

Friend has written to Nationwide enclosing a cheque for the £100 arrears (which were not claimed as part of the payment in August, despite the letter of 12 August saying that the £100 arrears would be added to the normal repayment!)

She has enclosed both letters of 12 and 19 August and is awaiting a response.

Should she be doing anything yet with regards to defending the eviction notice or should she wait until she hears back from the Nationwide.

She has fulfilled her side as regards repayment with Nationwide but it seems that one Department aren't talking to another.

Any help Ell-enn would be gratefully received.
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Old 3rd September 2008, 13:42   #12 (permalink)
Ell-enn
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Default Re: Help With Mortage Repossession Please

Hi there, if she doesn't hear anything by Friday morning then she must enter an N244 at court to get the eviction stopped.

You must keep an eye on this Jaxads - even if the mortgage company tell her they have cancelled the eviction, she must phone the court to make sure that they have. We have already had one instance this week where bailiffs were sat outside a property because the lender had not cancelled them !!

Keep me posted on what is happening.


Kind Regards

Ell-enn
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Old 3rd September 2008, 13:45   #13 (permalink)
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Default Re: Help With Mortage Repossession Please

Thank you very much Ell-Enn. I've checked on line for her this morning and her latest letter has been delivered to the Nationwide today. I'll get her to ring this afternoon just to confirm that they've got the latest cheque.

I've had a look on Olive.family's thread --- dreadful - I'll be doing my best to help and hope a similar thing doesn't happen here!!!!

Thanks again Ell-Enn, will keep the thread updated.
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Old 8th September 2008, 11:34   #14 (permalink)
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Default Re: Help With Mortage Repossession Please

Nationwide have written to friend to say they've cancelled the order and will write to the court to confirm. Have told friend to give a couple of days and then ring the court to confirm.

Many thanks Ell-Enn.
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