Threaten to issue hearing date if not pay £900 by tomorrow

[Fox and the dancer]

I am new to this as I was searching the internet last night and registered to see if I can get some help. Since then Derbyshire Loans have been on to us saying that if we not pay £900 arrears by tomorrow then a hearing date will be issued for repossession.

We owe over £2000 on our mortgage and have been in arrears for some time since I was made redundant last April (2007) sometimes it was put up to date when I got a temporary job last summer. Up to the end of the year we managed to keep the arrears, when they existed, at a reasonable level however I had to sign on again at Christmas until the end of January and this put the arrears back into a worst position. Since then over the past few months the situation has got worst as my income has not been enough to cover matters as the job is not really paying enough as I’m not given enough work (Social/Market Research). The arrears have provoked Derbyshire Loans into taking action against us, this was after many threats and during this period they have been very unhelpful and had my wife in tears. It didn’t help the fact that I wasn’t paid until the last working day of the month being the same day as the mortgage was due, and they sent out letters assuming we were not making any payment.

As the mortgage of £643 is now over 3 months in arrears we recently received a letter from Derbyshire’s solicitors regarding repossession to say that this will happen if we don’t pay the arrears or come up with an ACCEPTABLE repayment plan. We have contacted the Derbyshire and they have stopped the action for now as we managed to pay some funds from the extra monies my wife got for Children’s Tax Credits last month as we were reassessed due to my lower income. However my income at the end of the month was not very much at all and so we were not able to make the extra payment my wife told them we were hoping to make. Therefore I anticipate another response from Derbyshire chasing the matter and our backup of a loan from my eldest daughters boyfriend will not now be available yet as we were hoping to pay off £1000 this month because of this (he was getting compo in excess of this amount and this has been delayed and he's off for 2 weeks on holiday soon that was also to be paid from the compo)
We have paid when we have had funds available but the arrears have increased to their present level and although I will get a little more this month we are unlikely to be able to come up with the funds which Derbyshire are looking to get and I wonder what type of response I can make so that Derbyshire will NOT instruct the solicitors to go ahead with the action and give us a little more time to sort matters out. I am meant to be starting a new job during September (starting date not yet confirmed) which should last for 5 months and this should bring in £300-360 a week but I am not sure if they will wait this long for the increased payments which I will then be able to make.

[Ell-enn]

Hi there, it must be a very worrying time for you - however, lets see what we can do to help

Are you able to make your normal monthly payments plus a little towards the arrears until you start your new job in September?

Kind Regards

Ell-enn

[Bona]

Please dont worry, im sure you have read the threads and things can be sorted out dont ring Derbishire just write . I assume from your thread that this will be the first time and it will be a repossession hearing . that will not take place for several weeks so buy then you should be able to show what you can afford of the areas what you need to do is to try to pay each months eeinstalment and a small amount off the arreas work out your income and expenditure over the next say two months or untill your new job and then so another with what you exoect to earn then write recorded delivery with a letter putting your proposals dont offer more than you can afford also ask them for a mortgage statement you may well have penalty charges on the account . There are lots of people on hear who have been in a far worse situation and Ellen especially has worked wonders for most of them
Take care

[Bona]

There you are she beet me to it

[Ell-enn]

If you download a budget sheet from here: National Debtline England & Wales | Personal Budget Sheet

it will help you to work out what you can really afford each month (do one in pencil first so you get your sums right, then fill in a final version on line and print out). You can then write to the lender enclosing your budget sheet and detailing your proposal.

At the moment, even if they decide to go ahead with the court papers - you will have 6 - 8 weeks before a hearing. By that time you should have started your new job and we will be able to write a good defence. If you have an income and can show you are able to pay something towards the arrears each month it is VERY unlikely that a judge would order possession, especially at the first time of asking.

Try not to worry too much, we will do all we can to help.

Kind Regards

Ell-enn

[Fox and the dancer]

Originally Posted by Ell-enn

Hi there, it must be a very worrying time for you - however, lets see what we can do to help

Are you able to make your normal monthly payments plus a little towards the arrears until you start your new job in September?

Kind Regards

Ell-enn

No not able to pay more but we are paying £200 tomorrow and hopefully another £150 next week when I get my mid month payment and then a further £300 at the end of the month when I get the rest of my pay.

BUT THEY WANT £900 BY TOMORROW ALTHOUGH THE PERSON WE SPOKE TO IS ASKING THE SUPERVISOR IF WE CAN GET THIS EXTENDED TO MONDAY

[Bona]

Look they are threatening you in the hope you will beg borrow or steal when you pay that they will threaten you again honestly I know its worring but you must try not to worry Im sure it can be worked out pay what you can when fill in the budget sheet and then make a sensible offer that you can afford and keep to as Ellen says any court hearing is weeks away and buy then you may find things are easier

[Ell-enn]

Hi there, as Bona says they will try to intimidate you into promising to pay what you haven't got or going without essentials - please don't try to negotiate with them on the phone, just keep making payments when you can and we'll deal with any legal action if and when it arrives.

I know it must be scary for you at the moment, but I have been involved in helping people with much higher arrears than you have, and they have kept their homes. Judges will not grant possession to a lender if they think that there is a chance of payments being made going forward and he can see you have been trying your best to pay what you can when you can.

I do think, however, that you should send a letter to them together with a budget sheet showing what you can afford at the moment, and advising them that your circumstances should improve in September. Send the letter by recorded delivery (make sure you have the correct address and department - even if you have to ring them to ask for it). Keep the receipt with a copy of your letter - we may need to use it later in a defence. By doing this you can show that you have kept them informed of your situation. If you need any help with the letter, please let me know.

Kind Regards

Ell-enn

[Fox and the dancer]

The thing is they will add all the costs of solicitors and the Court costs onto the mortgage which will increase the o/s mortgage even further.

If I do send a schedule as suggested we do and put forward a figure which will increase after September will they also take into account the prospect of the extra income coming in once the new job starts. Or as this date for the new job has not been settled yet will they think it is just an excuse and go ahead anyway with the hearing date

[Ell-enn]

Hi, there is no way of knowing whether they will go ahead or not, but from experience the best course of action for you is to write to them - that way you can prove you are keeping them informed of the situation. You should only show in your budget sheet the situation as it is at the moment, but tell them in the letter you expect your situation to improve in September with the prospect of the new job.

You may be able to buy yourself some time that way, but it is not guaranteed. Unfortunately, as you are unable to pay all the arrears at the moment, or offer any extra towards the arrears, there is not much else you can do. Have you asked them to capitalise the arrears? (add them on to the end of the mortgage i.e. extending the term).

Kind Regards

Ell-enn

[Fox and the dancer]

Well thanks to everyone for your advice. I have downloaded the form to complete and notice it is similar to the Eurodebt schedule and the Court form. Yes I am afraid we have other debtors after what we have coming in and I wish I had found a site like this a while ago instead of paying the fees which we've already paid and what we're still paying.

I will send the form to the Derbyshire with a proposal as to how much we can pay for now and what we might be able to pay as an increase in late September and from October onwards.

I will make sure to send it by recorded delivery and keep a cooy of the letter/form etc

[Ell-enn]

Originally Posted by Fox and the dancer

Well thanks to everyone for your advice. I have downloaded the form to complete and notice it is similar to the Eurodebt schedule and the Court form.

You have a court form??

[Fox and the dancer]

Originally Posted by Ell-enn

You have a court form??

No but I have had them in the past regarding County Court judgements and remember what they look like.

I do know a Court usher at Sheffield County Court though who might be able to help out.

[Ell-enn]

OK, just needed to clarify that the lender hadn't issued papers

Lets see what happens after you write to them.

Ell-enn

[Bona]

What ellen says i sound there is what we call "case law" that can help you this is where issues have been decided in a higher court for example a judge can and will if he thinks there is a reasonable chance that the arreas can be repaid spread them over the life time of the mortgage or a reasonable period sometimes it is better to go to court get and order re payments you then know where you are and derbyshire cant do anything to you if you stick to it these forms are not the same as county court forms the most important thing is to try to pay the basic payment and then try to pay a little as much as you can honestly afford off the arreas it is no good paying more than you can afford and having someone else trying to get you just be honest with yourself look at the budget forms and come back to us with how they come out