Thread: Eviction Help Scared

in August 2007 my sister and myself bought our first home. That month the mortgage company did not make it clear that the first month mortgage would be around £1700!!!! first payment and interest.
Anyway over the next few months due to the mortgage being £1112 a month we missed a couple of payments and in May 2008 received a suspended possession order.
Last year we both lost our 2nd jobs and our overall income decreased. We arranged with the mortgage company to reduce the order (without the court) to pay an additional£50 per month on top of our mortgage ( this was arranged in March 2009)
However we have missed the last 2 payments on this 2nd agreement and have received an advice from their solicitor to say that unless we repay the FULL AMOUNT of the mortgage arrears ( about £9000) they will apply for eviction
WE ARE SCARED !@!!

We have been burying our heads in the sand ... My sister lost her job in April 2009 hence the recent failure in paying the mortgage but did not tell the mortgage company - a bad idea?
She has just got full time employment again (HOORAH)

So we need URGENT help here
What do we do - we have no savings but do have about £10,000 equity in our home as took out a smaller mortgage.


3 questions
- should we phone the mortgage company and make a new arrangement and advise them that the £666+£50 arrears will be made at the end of June?
- is this just a scare tactic? cos it has worked
- do we need to send the N244 form to the Court now before they apply for the eviction notice?

HELP - we have 5 days to reply to the solicitor prior to them applying

Hi there, as you haven't received a notice of eviction from the court you have time to reply to the solicitors and lender. I can draft a letter for you this afternoon (I have to go out shortly for about an hour).

Try not to worry too much, if your sister now has new employment and you can afford to make payments to the arrears going forward you should be OK.

Who is the lender?

Back shortly

thank you!!!! the mortgage Lender is Salt Finance part of Derbyshire Homes

We know we have missed the last two months - due to one thing and another (not helped by dad having 3 heart attacks and being in hospital!)

any help you can give would be brilliant

thank you again!!!! wot a star you are

us
x

Hi there, nearly finished your letter - just need a bit more info:

Does the arrears figure quoted by the solicitors contain charges?
Has your monthly payment reduced from £112 to £666 due to the drop in interest rates?

Also, you will need to send them a budget sheet (copy affixed) to back up your offer. Remember when filling it in that the £50.00 per month that you are offering towards the arrears, in addition to the normal monthly payment, is the amount left over after everything else has been accounted for.

When you have answered the above questions I will affix the letter.

Ell

Hiya

The solicitors letter states:
Further to the 56 days unconditional possession order against you on 15.04.08 our clients are now entitled to apply to the Court for a Warrant of Possession.
Our instructions are to make such an application unless the arrears are cleared, in full within 7 days'

Sorry it does not mention any figures of the exact arrears.

Regarding the reduction in payments the interest rate has fallen so we pay £666 per month & £50 off the arrears which we can easily afford now
Previously it was crippling us at £1,112.00

We are so glad you can help its such a worrying time and all your advice is such a help - hate waking up thinking we could loose our home

Big thanks

Julie & her sister

Hi there, affixed is the letter (you will need to put names where there are XXX's). As you will also need to send a copy to the solicitors, the second page is a letter to them.

Send both by recorded delivery, keep a copy of the letter and the receipts for posting. Check on the Royalmail website in a few days to print off the signature receipts. Keep all safe together in case you need to go to court.

You will notice that I have asked them for a Breakdown of the arrears and charges as £9000 seems high for the payments you say you have missed. This needs clarifying, again in case you need to challenge it in court.

Any questions, just shout

Ellx

thank you so much - for the letter and budget form

we will send it and post the outcome on this site

Many thanks and hopefully that will be the end of it !!!!

you are a star


xx

Wanted to say thank you for your help So far and no eviction!!!!
Our mortgage company appears to be helping us out and has agreed to our proposal for repaying the arrears without any need for court etc etc
WOT A RELIEF !!!

That's a relief - well done!