This is the first time I've used a forum of any kind.

I am in a desperate situation. Single mum, 2 kids, repossession order granted in Sept 2009

whilst I was unemployed after losing 8yr old business and being made bankrupt by main creditor.

Repo order granted as I had no possible offer to make at that time.

Expected eviction notice to drop on doormat any time but by twist of fate it didn't and I found a new job.

Made an offer to mtg company early in 2010 and agreed a 6 month arrangement, which I upheld,

paying full mtg payment plus token contribution to arrears.

Paid 7th month in good faith but received demand for ALL arrears within 5 days or eviction would be sought.

Tried and tried to negotiate, to no avail.

Received solicitors letter saying eviction had been applied for - just a few days before Christmas.

Been to CAB - not much concrete help.

Contacted CCCS (as they were helpful during bankruptcy)

They checked and confirmed my new income and expenses and said I could quote C & G vs Norgan.

But I am on Interest only already, so I could clear arrears within term of mortgage, but at the end of that term (10.5 years),

must sell house to re-pay mortgage (which is fine) so I'm not sure if this case reference is still relevant in my situation?

New job is good and potential for payrises and bonuses is good.

Also, I have room which could be let (given the chance!)

- such a different situation than when possession was granted, but I fear time is running out.

To be honest, I feel so alone and so vulnerable.

Thought I'd try this forum for some urgently needed help.

Also should say, house has been in negative equity since crash, if sold at auction there will probably be shortfall.

All the more frustrating that mtg co. won't negotiate with me. I just can't comprehend it.

Welcome to the site.

I will flag this up to the site team.

Meantime if anyone else has any advice-please feel free.

Thanks for such a quick response. Can't sleep tonite, will keep an eye on thread.

i have moved the thread to the homes repo forum

as there are some good members there that might well

help when they come up next .

sit tight

cag will get you sorted

can you name the mgt co please

this will help you too

dx

siteteam

Mtg co. is Mortgage Express.

M.X are a bit of a nightmare to negotiate with,right some more questions im afraid,have you recieved the eviction notice yet? and how much are you in arrears?.To answer your question "Norgen" is still relevant and we can help you with this.You have a new job and a repayment strategy in mind so your circumstances have changed,which is good and a big positive and your idea of letting a room to provide you with an extra income is a real bonus so plenty to work with here.You are going to have to apply to the court on an N244 form to have the eviction suspended on the above grounds.If you have not recieved the eviction order yet thats a plus too as it gives us more time to prepare.Another question here have you had charges added to the account and if so have they been added to the arrears?Try not to worry too much we can help you and will help you we just need as much info as possible especially for the witness statement and for the file which we will help you build up and complete for the court date,get back A.S.A.P with that info so we can get cracking on this,regards N.S

P.S intrest only,repayment,tracker,endowment,whatever type of mortgage it is all the court will be concerened about is the arrears and your proposal to pay off that arrears within a reasonable period of time.

Bump.

Hi, wow, it feels fantastic just to talk to someone who is "on my side" for a change. The mortgage is very high, as it used to be a marital home and we got a further advance to build an extension to have a "home offiice" for our (now gone) business. I was unemployed after the business closed for over a year, although closing a business, dealing with creditors and being made bankrupt seemed like a "full time job" at the time - such a steep learning curve. Anyway the arrears, by my calculation are 23,338.94 however Mtg Ex have written to me with figures varying from 27K to 25K. Because of this discrepancy I have asked them to send me a statement going back to Aug 2008, which was the last time I was completely up-to-date. Since they have never provided any other information I've ever requested, I'm not sure I'll get it. From reading other blogs, I'd say they were adding charges to the arrears, but even then it doesn't reach 27K. The charges to-date are 1292.50. The original mtg was 382K (I think). After the advance, it got to 402K. Now they say I owe from 429K.

In the first arrangement, my wages were lower but tax credits were higher and I managed the mtg payment of 1654.74 plus 45.26 towards the arrears. I paid this until Sept. '10. After talking to CCCS, I tried to calculate how much to pay to clear the arrears in 10.5 years, to try to have a defense. Oct, Nov, & Dec I paid 1654.74 plus 215.26. I can just about maintain this for 8-9 months but realistically will need to rent this room to be able to "breath" again.

My kids are not young - in college. Son finishing his 2-year course in June, Daughter finishing her first year. Both are so fed us with being "broke" that they want to work for a year before deciding on more college, or perhaps even Uni (big ? ref. the new fees) I have tried so hard to maintain normality for them, during this upheaval. Ex-hub has provided zero. Very disappointing, but couldnt' "face" yet another battle, trying to enforce some support.

So there is recent life history...thank you so much for your help.

Sorry, forgot to answer your first question...no, the eviction notice hasn't arrived yet, only the solicitors official letter to say they have applied for it.

P.S. What does "bump" mean?

Also of relevance, I'm sure. The mortgage is in my name only....long story re our business, our separation and other issues. But it is only in my name.

Oh dear, I keep thinking of other important factors. House "lost" 20% of its value in 08/09 so OR didn't claim it for creditors, hence repo came from Mtg Ex due to my unemployment - they were only getting 467.72/month from DSS (I was 3 weeks short of qualifying for the new rates offered which would have doubled the contribution) House was previously valued at 500K but Mtg Ex valued it at 475K when they gave further advance. By 2009, it dropped to 360K. Recent valuation suggests 430K for sale "as is" but I suspect auction will net much less. So WHY would Mtg Ex be so intent on eviction???

Well to answer your last question your lender can claim on the indemnity insurance to cover their loss and still chase you for any shortfall on behalf of their insurance company.

Now im not going to pretend this is going to be easy because it isn,t 215.26 on top of 1654.74 is 1,870 that must be one hell of a struggle financially,and i cannot see MX agreeing to any kind of deal such as a mortgage term extention,payment holiday or reduced payments for 12 months MX as i said earlier are not the easiest people to deal with when there is problems so i think we can forget trying to come to some particular arrangement with them.OK so the arrears stand at for sake of argument 23,500 we shall put any charges to one side for now,there are one or two options available here,you could put the house up for sale and get apply for a suspended eviction order untill the house is sold,you would of course have to take proof that the house is up for sale to court with you but im guessing thats your last resort.There is of course the mortgage rescue scheme but i doubt you would qualify.Thus i think the only option open is to defend the eviction order but your defence has to be good so here is what i think you must do

You need to act fast,step 1 advertise in your local paper,room to let do this A.S.A.P the sooner you have someone in and providing some extra income the better,this needs to be done sharpish,get the advert in today if you can.Step 2 your son and daughter need to find jobs even part-time will do,anything just to bring add to the overall kitty,this is also a matter of urgency and needs to be done straight away.You see you will need to convince the judge that your circustances have changed and that you can not only clear the arrears within a reasonable period of time but that you can make normal payments going forward,and this will only be acheived through a real familly effort,we will forget about your ex for now.Also i want you to ring the county court bailiffs office daily so you are prepared for when this eviction order is issued,we have some time yet but we need to increase the weekly/monthly income A.S.A.P this will go in your favour when you go to court

You will only have a couple of weeks maximum from when the notice is issued to the actual eviction date so you need to get cracking on all the above.You should also send a S.A.R

request to M.X as there is some history of arrears,you want to know all the info they have on the account and how they have handled it plus any charges added.This wont come in time for the hearing but there will be information which you can use later to your advantage.MX will have 40 days in which to comply with the request,you want,

1,copy of the deeds

2 terms and conditions

3 all corespondence including telephone conversations and letters

4 information on arrears charges

5 statements

As i said this wont come in time for the hearing but the information will come in useful later on.

I believe you are owed maintainance from your ex,although you have not had the spirit for any battles a chat to the C.S.A might not go amiss here but crack on with the above and let us know when the eviction order has been issued so we can put your defence together.

I just rang the court and they say the warrant has been issued but the bailiff has not listed it yet. A letter could come any day.

The OR said the mortgage was incl in the bankruptcy and any shortfall would be therefore included. Not sure I have "indemnity ins".

Kids do work P/T - one day a week, net about £40. I haven't asked for any because they "live" off that. They are always on the look out for additional part-time but there is such high competiton for student jobs. Daughter studying Beauty Therapy and wants to start private clients asap - we're just canvassing family and friends now.

Potential room to let is full to brim of old business stuff and DIY remains (from extension - work not quite finished) but could put all into loft for speedy let. Didn't offer let earlier because of possession order hanging over us - didn't think I could offer a tenant any sort of security - even for 6 months!

OK indemnity insurance is taken out by the lender as insurance against a borrower defaulting so if the house gets repossessed the lender claims any shortfall off their indemnity insurance (just thought i would clear that up). Right get that room cleared and get it advertised A.S.A.P sorry to be so blunt but im just trying to convey how quickly you need to act here. That 40 per week is 160 per month,thats money you need to add in on your income and expenditure when the time comes to fill one of these in,forget the kids living expenses for now,its an extra 160 a month and right now you need it.Anything else you need help with give me a p.m or just keep posting on the thread and we will get back to you,and if its any concelation i have practiced what im preaching,been there, done it, got the t shirt,we can also be a little crafty with the income and expenditure but we will get to that later,for now lets get cracking on maximizing that income.

Thank you so much, NS, I feel for you having gone through this horrendous experience already. Have worded the letter to Mtg Ex "formally requesting the following copies asap" and used your 5 point list. Is that OK - should I use any other phrase or word? Should I mention S.A.R?

Will post today by Special Delivery. Court says I need to apply for suspension of warrant with N244 asap. When you say send a p.m. what does that mean? Thanks again - just communicating with you is saving my sanity.

Right,the S.A.R leave as it is i had written it that way with bullet points so you dont need to add anything further,send registered post with the 10 pound postal order,send it care of the data controller at MX head office,it will also have the effect of letting these know your fighting back.As far as the eviction order goes you know its been issued so wait for that to land on your doorstep,but we shall keep an eye on the timeline here,if you send in your n244 form too early it will cost you 75 quid,leave it a day or two and it will be 35,every penny counts at the moment

P.S leaving the n244 form for a couple of days also gives us time to clear heads and put together a good defence,so deep breath get cracking on the above,oh p.m = private message if there is anything you need to ask of a sensitive nature,private info which may disclose your identity stuff like that,dont worry,theres always someone here and i dont go very far lol,so we have a strategy in place we shall get to work on the n244 in a day or two.

P.S yes mention that this is a subject access request which they must comply with under the data protection act.

Hi there, do you know what the eviction date is? I can help you with the N244 application - Q.10 of the form is the most important and we can draft a statement for that.

You will also need to send in a budget sheet with the form, so in the meantime you could fill one in - I have affixed the one we normally use. When filling it in the amount you can offer to pay towards the arrears each month is the amount left over after everything else has been accounted for (Step 3 on the form - the difference between your income and outgoings). When you have done that we can start to work on the statement to go with the N244.

Budget Sheet.xls

Unless there is information of an extremely sensitive nature, please keep all advice on the thread. It is against forum rules to conduct advice by private message as we have no way of knowing if the advice is correct.

It is also very useful for others that are in a simular situation now or in the future that use us for ref.

they can SEE WHAT TO DO and find us through search engine.

if everyone disappeared to PM or Phone or gets poached by these NO-win no-FEE leechers we have hidden on here [not you newstarter]

then CAG would be worthless.

dx

Thanks D X,i think Ell-enn was refering to post 20,however i did say sensitive information which may disclose the identity of the O.P,i would never for one moment think of charging for my advice,it wouldnt be worth much anyway lol