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Long story short, in January we got a repo order suspended on our house for arrears including fees of £9,500.
I have just received notice that my lender has asked for this to be actioned again and I am awaiting a date for eviction from the court.
The original agreement was CMP + £200 which totalled £1156.07pm.
Last month I could only pay £530 towards my mortgage (May) and have informed them that I shall be paying this months (June) plus the balance by the 16th but this appears to have fallen on deaf ears.
Lender: Mortgage Resolution Limited
Type: interest Only
Rate: Fixed @ 9.51% until 08/10
Monthly CP: 956.07
Towards arrears: 200.00
What should I do?
1 When the notice arrives put in an N244 on what grounds?
2 Apply to my council for a MRS (wife is 6 months pregnant)
3 Ask the lender for a reduction in interest rates?
4 Resign myself to the fact that as this will be the third time at court I have no chance at all?
Family details:
2 kids, 3rd on way, in receipt of WTC incl CTC of £920pm and wife earns £500-£600pm (fully declared). I am on DLA (lower rate).
This is scream M.R.S.
Get yourself down to your local council office with your legal letters.
Do you know what you LTV on your property is..ideally it needs to be 79% or less but your council will decide.
I have just spoken to them and requested (will back up with a letter) them to see if they can switch me to there variable and that is currently trading at 4.21%. (I pay 9.51% currently)
LTV at 79% would mean that I fall £5k short currently.
They also stated that if I pay up 1780.82 by the 22/06 they 'might' stop the action.
Hi Battler - all is not lost (unless you give up fighting!)
So - what did they say when you asked to be put on their variable rate? Do you need any help with a letter to send to them?
Also - given your circumstances have you contacted Shelter? (they're not just for homeless) they may be able to exert some influence on the lender and offer help if you have to go to court again to defend eviction. Their free helpline is 0808 800 4444
I'm more than happy to help you with a N244 submission, but give Shelter a ring first and see if they have any other options for you.
1 Not given up yet but feeling pretty damn low I must admit
2 They said they would address the letter when I send it, so any help on that front would be greatly appreciated
3 Not rang them yet but will do so this afternoon, thanks for the tip
4 Not got a listing date yet so the N244 will apply later no doubt.
Ran through a budget sheet with them today and I can meet the mortgage payment and arrears JUST after all else has been taken into consideration and I fall about 500 short of the catchup amount but I am working on that too.
If they could pop me on variable it would be great for both parties and IMHO it would be a logical last chance scenario but I do not hold out much hope...
The reason I fell behind was my wifes car cost us £700 to fix and she needs that to get to and from work.
Hi there, apologies for delay. Letter affixed - you should send by recorded delivery, keep a copy and also the proof of posting so you can check on the Royalmail website in a few days to print off the signature receipt. Keep all safe together.
Also affixed is the budget sheet we use, you need to send that with the letter.
Thanks for the letter, alas they said a big fat NO.
Also, I am now due for eviction on the 8th July and I am putting in my N244 tomorrow.
My defence facts are going to be this and any additional advice or wording would be appreciated (these are in no particular order)
My wife is 7 months pregnant
I have now been granted £900 a month WTC as I am now working for myself after losing my job due to disability (chronic ulnar pulsey)
My wife earns £700 per month and I will add the P60 as evidence
I am now classed as disabled (have the letter from DWP and will add it to evidence)
I have tried to converse with the mortgage company and get changed to variable which would be £700 les per month
I can meet the CMP plus £200 off the arrears until we switch to variable in 12 months...will show this in a budget sheet
Is this going to be me a chance? It will be my third hearing, will they throw it out and would it be best to go in represented by one of the courts money advice guys?
Hi there, you are right to put in an N244, especially if you can show you are able to pay something towards the arrears.
You will need a copy of the letter you sent and their reply to go with the N244. I can help you draft a statement for Q.10 of the N244 which is the most important part. I can do it this afternoon/evening if you want me to?
Just been going through my paperwork for this mortgage and the original paperwork shows that we chose the FIXED TERM for 3 years at 9.51% compared to a variable that was showing 11.7%
Now, call me cynical, but in the space of two years, I doubt if it has dropped by 7.49%. Is there anywhere I can check to see the rate fluctuation over the previous period.
One of my friends mentioned that I may have been mis-sold...do I mention this in court?
Got to say Ell, as this is my third hearing I am very nervous as I feel they may just say enough is enough!
Should I go to my council before the court hearing re-MRS? I am totally baffled now...
Hi, I've known people be in court half a dozen times, but due to their circumstances they have still kept their home. I'm sure you will be OK as long as you can afford the payments towards the arrears.
Affixed is your statment for Q.10. You will need to enter information where I have put XXX's (remove the XXX's).
Write the claim number on the top left hand side of each of your appendices and the Appendix number on the top right hand side.
You should then assemble as follows:
N244 form
Signed statment
Appendix 1 - your letter offering payment and theirs refusing it
Appendix 2 - DWP docs
Appendix 3 - budget sheet
This forms your pack to take to the court make sure you staple it securely together.(take a photocopy of it all for yourself to refer to at the hearing).
No it wouldn't look bad - you have to say that you were pressured into offering that amount but you cannot maintain it and therefore are offering a more realistic amount. Do you want me to alter the statment?
Suspended Repo Order - Back In Court
(May) and have informed them that I shall be paying this months (June) plus the balance by the 16th but this appears to have fallen on deaf ears.
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Originally Posted by Ell-enn
