urgent advice req for my our mom plz

[dcdkpug]

my brother missed few payments for mortgage well at 12pm today baliffs coming today to reposess the house mortgage ppl redstone wants 3 grand my brother offered 1500 they wouldnt accept it as he missed payments before plus notice of eviction letters in past theres more to this story but i wouldnt be able to fit it in but basicly my bro is self employed few jobs he did b4 xmas the jobs didnt pay him

 

what rights have they got my mother an bro can they keep in house and refuse to leave etc as wouldnt it be cival matter so police couldnt actually do anything let alone pick my mother up by hand you knowwhat i mean

 

my brother has been trying to get in at court to ask for suspension etc he has to go again today at 10am so my fingers are crossed and he wants to pray to god he gets it

 

well going for my brekie as ive lost sleep worrying over this plus about our mother

[dcdkpug]

also ment to add the house possesions will still be in the house is their a time limit given if the house gets repo d to get items back or will it all be lost surely not ???

[rory32]

Due to your rather tight deadline for advice I would give National Debtline a call FREEPHONE: 0808 808 4000

Monday to Friday 9am to 9pm

Saturday 9.30am to 1pm

Something to consider regarding the suspension.

FSA regulated mortgages are covered by s8 of The Administration of Justice Act 1973. The court would need to consider if the borrower can meet the ongoing mortgage instalment plus a “reasonable” amount each month against the arrears. Most judges considered that 3-4 years would be a reasonable amount of time to clear the arrears, in 1995 The Court of Appeal decided that a reasonable amount of time could be the entire remaining term of the mortgage. This landmark case was The Cheltenham & Gloucester V Norgan, it is fundamentally important to quote this case if you are looking to obtain an order to suspend possession.

Also

My mortgage provider is seeking repossession what can I do?

 

Seek legal advice! Where your home is at risk this is beyond the scope of a self help forum, although some pointers to be aware of:

 

A mortgage provider can not evict you without a possession order from the court. If you leave without having received a possession order they need not obtain a possession order and can go straight for a sale order.

 

If they apply to court for possession you can rely on s.36 (2)(b) of the Administration of Justice Act 1970 which allows the court to suspend the possession order for such a term as the court considers reasonable. If the debtor can repay with in the reasonable time no possession order is granted.

 

Under s8 AJA 1973 in exercising the powers under s.36(2)(b) the court only has to consider the sums payable in arrears not any term which may render the full amount repayable.

 

What amounts to a reasonable period will depend on the circumstances of the case and can include the whole remaining term of the mortgage as occurred in Cheltenham & Gloucester v Norgan. This case also stated the factors the court will take into account when deciding what is reasonable:

 

Ability to make payments now and in the future

Likely duration of financial difficulty

Reason for arrears

The period of agreement remaining

 

So basically if you can show you can pay off the arrears over the remaining period the court will not order possession.

 

[dcdkpug]

my mother just phoned saying judge had given 8 week to pay the arrears so thats a bit of weight off her shoulders well bro's aswell

[rory32]

Well that is a relief. Hope they get it sorted out okay.

[mactheknive]

keep on reading...as much as you can..this is a great site and you do stand a good chance at court but you mut be possitive and quote the C&G case listed on this site.if all else fails ask the court to adjourn the case

pending a defence on the grounds that you believe Redstone have not followed the correct guidelines (if they did not issue you notice or solicitors letters etc )and that you believe the company is being investigated by the FSA over similar irregularities.I can confirm that official complaints have been made to FSA over Redstones breaches and unorthodox methods......ive been close too..its horrible..were all praying for you..please come back to the site and let us know...best of luck

MTK

[dcdkpug]

firstly sorry for late delay in replying well court case the judge gave my brother some time and he has to pay a certain amount in some time etc so thats a relief plus hes been doing 7 days week blimey hey