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Future Mortgages Re -Possession HELP - SUSPENDED


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Hi just me again

 

Pressing Problem..any advice

 

They Future Mortgages contacted me tonight to say that if I do not make a substantial payment towards my arrears (2000.00 approx) by Friday, then they will send my file to there solicitor, which I believe would be proceedings for Possession :mad:?

 

Any idea's on what I can / should do?

 

Thank you :-)

Regards..Mr Worried :)

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Hi there, are you able to make extra payment towards the arrears each month in addition to the normal monthly payment?

 

Ell-enn

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Good Morning Ell-en

 

Thanks for the PM..is it possible I can write to Future re my predicament even though they say it is to late and that they will only accept a substantial payment? if they proceed with their intentions and get their solicitor involved, is it to late once he writes to me to go to court?

 

Have you a letter that I can quickly copy / adjust then fax to them tommorow 'along with a payment of a few hundred quid ' which I will pay direct to their account with a follow up payment of the same amount next week.

 

Thank you

Regards..Mr Worried :)

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Glad you got my reply to your PM.

 

I will draft you a letter and attach it on here very shortly. It's never too late to write to them. However, you must make sure you have the correct fax number if you're going to send it to them that way (Future's communications are diabolical). Best to ring them and get the right number (don't get into a conversation about the account!!). You should then establish the right address and send it by recorded delivery also. That way, you can print off the signature receipt from Royalmail website in a few days. You may need to prove they have received your letter if they take further action.

 

Back in a few minutes.

 

Kind Regard

 

Ell-enn

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Here you go......... you need to fill in the information where I have put XXX's.

 

Make sure you send by recorded delivery (even if you fax it to them first) and keep a copy of the letter and receipt for posting so you can print off the signature receipt from Royalmail website.

 

Any further questions, just shout.

 

Ell-enn

Mr Worried Letter.doc

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If the loan is secured on the property then they can go for possession just like your first mortgage, therefore the guidelines on repossession still apply.

 

Yes, change the title to Secured Loan Account No:

sorry, I thought it was second mortgage.

 

Ell-enn

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  • 2 weeks later...

Hi there, updated letter as requested.

Mr Worried Letter.doc

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You're welcome :)

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I do not want to set the cat amongst the pidgeons, but just check with the land registry that the actual loan is secured against the property, I could be wrong but if the loan is secured on the property then it must be registered against the property. Again could be wrong on this but sure it must be otherwise a secured loan on a property would not be enforcable.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Sorry reason I sugest this as seen a lot of people getting demands for money from DAC`s regarding secured loans that have not been paid because they do not show up as secured on the sale of the property. They must be secured on the property in the event of a sale if not then who is responsible ?. Again it appears to me that it is the responsability of the consumer to do the very job of the people you are paying large amounts of money to do. That can not be right.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Any what would be regarded unfair charges on the account by the OFT. ie anything above £12 would be regarded by the OFT as unfair. So any charges above this would be questionable. Have you had any?. You have to fight these barstards or they will take the clothes from your back.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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  • 3 months later...

Hi there, thanks for your PM re your possession hearing on 6th March. While I am drafting a statement for you can you please complete the affixed budget sheet as you will have to submit that with the statement to court. When completing the budget sheet remember that the amount you want to pay each month towards the arrears should be the amount left over after everything else has been paid.

 

Just need answers to the following so I can finish the statement:

 

Is the mortgage in joint names?

How much are you offering to pay each month towards the arrears in addition to the normal monthly payment?

When was the last payment?

When can you make the next payment?

Are there any children living at home?

 

 

Ell-enn

Budget Sheet.xls

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Hi Ell-enn

 

Thank you for the reply. if i put down how much I want to pay back each month then make it what is left from monies coming in, will the judge ot say that I am on the bread line and give repo? the mortgage is in joint names and I have two kids at home 5 and 7 yrs. should I adjust the figures on inc exp form to suit my repayments?

 

Thank you

 

Stephen

Regards..Mr Worried :)

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I'm not sure what you mean about being on the bread line. If you have accounted for absolutely everything you have to pay out each month and have the amount you want to pay towards the arrears left over that is correct.

 

Ell

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Hi Ell-enn

 

In answer to your questions...

 

2 kids at home 5yrs and 7yrs

I can make next payment by end of this month (March) along with arrears offer..(tba)

Motgage is in joint names

Last payment paid.. 1/7/2008.and I Never missed a payment previously and prior to not having any work.the missed payments have been consecutive since my loss of work, I took out the loan on 25/oct/2005.

 

Arrears are £2.767.26 to date 24th Feb

 

Hope that is enough for you Ell-enn

 

I am getting very unsettled here and my partner is 'beside herself'

 

Seriosly will we be ok and wil the judge go in my/our favour and if so under what tearms?

Thank you

 

Stephen

Regards..Mr Worried :)

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Please try to stay positive - I understand how stressful and debilitating your situation must be, but I do feel very confident that you will get a good result on Friday.

 

Let's look at the facts:

 

The only reason you got into arrears was because you were out of work. Solution - you now have work and can resume payments + an amount towards the arrears each month.

 

Previous excellent payment record - you never missed a mortgage payment in 3 years

 

The only situation in which a judge is likely to give possession is where the debtor has no hope of ever making any payments towards the mortgage - you are not in that position so there is no way you are going to lose your home. The result will be a suspended possession whereby as long as you keep to the payments you offer then Future do not get possession.

 

On a lighter note - tell your partner if you don't get a good result on Friday I'll stand naked in our Co-op window (I've never had to do it yet!).

 

As soon as you let me know how much you want to pay towards the arrears I will get your statement to you. We really need to sort it tonight though as it would be a good idea to take it to the court tomorrow and ask for it to be put with your case file so the judge can read it before the hearing.

 

Ell

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Ell-enn

 

I have just got a shudder through my system as I read your reply 'positive though', and my partner read it too.

 

Now my printer says faulty port and cant print??? ( just my luck) can I fill out budget form on the pdf you sent me then transfer it to mail then e-mail the court along with your statement? if not then I will save all of this then take to mates puta and print?.

Sorry to confuse the situation

 

Ta

Regards..Mr Worried :)

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I wouldn't advise emailing to the court at this late date so if you an get it printed at your friend's that would be good - it's best to take by hand to the court tomorrow if you can. If not, you need to get to the court early on Friday and ask the court usher to give your statement to the judge.

 

I have affixed the statement to this post. You will need to insert information where I have put XX's and also fill in the amount you are offering towards the arrears.

 

On the budget sheet you need to write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner. Affix to the statement sheet.

 

You will need to take a photocopy of it with you on the day so you can refer to it if need be. If you have a copy of your new job offer or contract take that with you also on the day.

 

I have also affixed an explanation of the Norgan case law for you to read. DO NOT hand it in to court or to the judge. It's just for you to understand what the case law is about. Sometimes a judge will ask if you know what the Norgan case is (very rare, but it has happened).

 

We can go through the court procedure tomorrow night.

 

Stay positive - you will be OK :)

Mr Worried statement.doc

Cheltenham & Gloucester v Norgan.doc

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Hi Ell-enn

 

We can safely afford £100.00 per month off arrears. is that enough?

 

I also have about £400.00 cash available for Friday if this will help?

 

You can do statement now if you wish.

 

I await your reply ( hopefully I will get some sleep tonigt)

 

Thank you

Regards..Mr Worried :)

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Ell-enn

 

Unbelievable..that statement is great, I shall get my puta sorted tommorow and ake to court on Friday morning early.

Will the judge ask me who wrote the statement, and how do I know about the norgan case?, or will he see it as positive action by myself and partner to actually help our cause?.

 

Thanks again..( should sleep tonight )

 

Will you contact me tommorow and what time to go over what happens on the day.

 

Ta

Regards..Mr Worried :)

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Hi there, the judge will not ask you if you wrote the statement (he'll just be glad you've got one to make things easy for him to understand), he may ask if you have had advice and all you have to say is that you took advice from a consumer debt forum. He will assume the advice you took explained the use of the Norgan case law - it's all positive - and you should be too:)

 

Try and get some rest tonight - think about the wonderful sleep you will have on Friday night when it is all over and your home is safe.

 

If you can be online around 7 tomorrow evening that would be good - I may have to go out around 8pm.

 

Ell

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Ell-enn

 

This may sound strange, but I cant wait for Friday as I have been lifted within myself because of your help ,advice and understanding.

 

I will be online tommorow at 7pm sharp, speak then.

 

Goodnight

Regards..Mr Worried :)

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