Possession Warrant - Help

[Karen W]

Hi I wonder if anyone could help me?

 

Last April after being out of work for over 6 months and falling into arrears with everything, mortgage, loans, credit cards, overdraft etc my mortgage company Mortgages PLC took me to court for possession of my house.

 

They would not accept payments of £50.00 per month towards the arrears (totalling just under £2000) but the judge accepted that amount as I had just started a new job and applied a suspended possession warrant on the house.

 

I have kept up with the arrangement of £50.00 per month and everything has been fine apart from the fact that Mortgages Plc are charging me and extra £54.00 each month on top of my normal payment for being in arrears.

 

In January when my bank took away my overdraft facility due to being over my limit, they had warned me before but due to the zero amount of spare money I have there was nothing I could do about it. I then missed January's & February's payment, my arrears now stand at £2,300 but I spoke to Mortgages PLC and asked them for time which they agreed to.

 

I received a telephone call from Mortgages PLC today on my answer phone saying that they needed to speak to me urgently and rang them straight back. They informed me that they have applied for a warrant of possession as I had not caught up with my arrears and that I would receive a notice of eviction in the post. When I asked is there anything that I could do about it I was told that unless I make a payment as soon as possible before the eviction date of half of the arrears outstanding ie £1150.00 they will not carry out the execution of the warrant.

 

There is no way that I can afford to do this, unless I can get some help from my relatives, is there anything I can do or does anyone have any advice that they could give me in this matter. I have lived in my house for over 17 years and had to remortgage 3 years ago due to the breakup of a relationship and because I had a bad credit rating I had no other choice than to go with a sub prime lender.

 

Any advice would be greatly received

[Bona]

Dont worry we can help as soon as you recieve the eviction date let us know in the meantime ask them for a statement of all transactions on your account you say you have missed two what about March and April can you pay anything. Do not speak to them on the telephone write to them or Fax them and ask them to write back a lot have people have several hearings there are things you can do to prepare Ist make an income and expenditure list to see what you can pay see how many items they have put on your account like the £54.00 can you pay anything of the arreas can you scrape together the missing payments When you recieve the eviction order some one will help you apply to have it suspended Keep the faith

[Karen W]

Hi Bona

 

Thanks for replying, sorry I got a bit mixed up it is February and March payments that I have missed my April payment is due by the end of the month and I usually pay these on the 25th of each month when I get paid.

 

I spoke to Mortgages PLC again last night before I read your response and asked them when the warrant was requested as I had rang them as soon as I had the answerphone message and their response was as soon as they rang and left the message at 9.45am yesterday because I didn't actually answer the phone they submitted the application for warrant straightaway, it was only a matter of at the most an hour before I got the message and rang them back, are they supposed to give you any time to contact them or can they just apply straightaway?

 

Anyway the lady I spoke to last night said that my arrears now actually stand at just over £2900 which includes my April payment which isn't even due until the 25th April and she said that I need to pay at least 50% of the arrears (ie just under £1500) for them to stop the warrant being executed as soon as I have made the payment in cash before the eviction date (she could give me no idea of what this would be, she said anything between 1 week to 3 weeks) for me to fax over the paying in slip and then they will contact the baliffs to stop any eviction - is this correct and should I get confirmation of what she said in writing?

 

I've got statements showing the charges that they have applied to the mortgage since I went into arrears but they have not included the charges in the amount of arrears that is outstanding. I was going to try and claim back the charges once my arrears were clear but because of the test case thought I would have to wait, is this true also?

 

Thanks for reading

[Bona]

Can you make the April payment

[Karen W]

Yes I can make the April payment on the 25th when I get paid, I have already told them that and they said that if the eviction date is before then the payment needs to be made before then

[Ell-enn]

Hi Karen, I take it they have already taken you to court and gained a suspended possession order? If so, you can enter an N244 application stating your circumstances and asking for another suspension. I can help you with the form and defence statement. As soon as you get an eviction date, let me know and we'll get started. As long as you have an income and can show you are able to pay the arrears over a reasonable period, you will get another suspension.

 

Kind Regards

 

Ell-enn.

[Bona]

Dont worry work out what you can pay each month and Ell-enn will help you with the forms shes much better at it than me just let us all Know the date as soon as you know

[Karen W]

Thanks ever so much for your advice, have just got home and checked the post but nothing as yet, as soon as I get something I will let you know

[Karen W]

Hi as of this morning I've still not received anything from the court regarding an eviction date (how long does it normally take for one to be sent from the court?)

 

A funny thing though I did receive a letter from Mortgages PLC dated the 8th April which was the day that they said they had requested a possession warrant. Basically the letter states that my arrears including this month's payment are now £2900 approx and that I have 7 days to bring the account up to date or they will instruct their solicitors to take further action and it advises me to speak to the local council regarding housing - does this mean that they have not actually taken that step to issue a warrant yet even though they said they have?

[Bona]

The only way to find out is to ring the court

[Ell-enn]

I think they are following their procedure of advising before action in order to show that they are giving you every chance to clear the arrears.

It can take a week or so from them asking for the warrant to be issued and you getting notice of eviction.

 

However, as soon as you get it we will help you with the paperwork to fight it.

 

Kind Regards

 

Ell-enn

[Karen W]

Thanks for your advice its much appreciated.

 

However I have good news - last night I bit the bullet and spoke to my mum about everything and after talks about everything she has very kindly wrote a cheque for me for £2000 which clears the arrears from my suspended possession and also puts me in the position that I am a month in credit in respect of these payments (and gives me breathing space).

 

I rang mortgage plc this morning to tell them and spoke to a really nice man (for a change the women I have spoke to have been condiscending about the arrears and spoke to me as if I was dirt). I told him that I had a cheque for the arrears and asked if the eviction would be stopped. He told me that I would have had until the end of the month to sort it out anyway and gave me instructions regarding the cheque - it seems that as it is a cheque from my mum's account that a letter has to be written to say that she has no financial interest in the house even though she is making a payment off the mortgage.

 

So anyway great news and at last I can sleep at night and will not ever again miss a payment (hopefully). I will work hard now to try and bring the arrears down to nothing by paying a bit extra each month and hopefully then the £54.00 charge will then stop. Incidentaly can these be reclaimed or should I wait until the bank charges case has finalised.

 

So thank you for your suggestions and help it was really appreciated to know that there are people out there who are willing to help others that find themselves in difficult positions.

[Ell-enn]

Hi Karen, that's great news I'm so glad you spoke to your mum about it - speaking as a mum myself I know she would have been very upset that you hadn't told her. Make sure when you send the cheque that you send it by recorded delivery (and write your mortgage account number and name and address on the back - in case it becomes separated from the letter).

 

I wish you well for the future.

 

Kind Regards

 

Ell-enn

[Karen W]

Thanks Ell-enn, I actually got their account number and sort code from them when I spoke to them this morning and paid it straight into their account, and I've also faxed them a copy of the paying in slip and the letter from my mum stating that she has no interest in my house, so there is no way that they can say they never got it!!

 

I know what you mean about telling my mum, but sometimes it is hard to admit that you need help to the people who are closest to you. I felt that I would be putting pressure on her if I'd told her about it, but I feel much better now she knows about the whole thing.

 

Thanks again for all your help

[Madealer]

Mortgages plc are bullies but, if you stand up to them, you can win. I've been "battling" against repossession since January 2007. They first got a suspended possession order then and I have successfully kept them at bay, and had numerous eviction orders suspended too. I finally got all my entitled benefits in July 2007 and got a court order for repayment of arrears in September 2007. In March 2008, at thge end of my fixed rate period, I successfully applied for a variation order. On this occasion, they didn't even bother to contest - just sent a solicitor's letter agreeing to my proposal. So why couldn't they do that when I asked them directly?? I'm on target to have repaid £7500 arrears by September. Then they can't come after my house. The last judge told me that the suspended warrant dies as soon as my arrears are repaid. Whooppee!!!!!

[Bona]

Dont be mis led the suspendion order stays on your file untill its dismissed when you have finished paying the arreas get the order dismissed.

[Madealer]

Many thanks for that info. I intended to check with the court anyway when the arrears are repaid, although it's difficult to work out exactly when that will be as their figures are different with each & every statement!!