Tilly V mortgage express repo

[TideTurner]

Tills,

 

If there is equity in the house, there should be no reason why any arrears could be added to the mortgage and payments resume as normal. Problem will be whether you can show that you can continue payments. If this is dragged out, it may give you time to get help from the Social until your situation improves.

 

At the very least it will give you time to try and sort things.

 

DO NOT allow the mortgage company to sell the house, they will not achieve its true value GUARANTEED, and any shortfall will be passed your way.

[**Tilly**]

Tills,

 

If there is equity in the house, there should be no reason why any arrears could be added to the mortgage and payments resume as normal. Problem will be whether you can show that you can continue payments.

Thats the prob tide unless i do 5- 6 14 hour shifts a week to keep our heads above water,with only me working it is impossible, that,s why i want to sell, i know it has

to go. (numpty pay )

If this is dragged out, it may give you time to get help from the Social until your situation improves.

Have spoke to social have to ring back on Tuesday

 

At the very least it will give you time to try and sort things.

 

DO NOT allow the mortgage company to sell the house, they will not achieve its true value GUARANTEED, and any shortfall will be passed your way.

i am trying guys honest

[Goldlady]

Tide I have just re-read the whole thread and was going to ask the very same question about social security. After all if you are unemployed they will pay the interest on a mortgage after (I think) six months. And it might be worth speaking to a benefits adviser as I think you might be able to work some hours still Tilly.

 

Also, and this is probably a very silly question, I presume you haven't got PPI on this mortgage (mis-sold or otherwise)?

[**Tilly**]

 

Also, and this is probably a very silly question, I presume you haven't got PPI on this mortgage (mis-sold or otherwise)?

 

 

Hi GL

 

Not A silly question, but im deffo a silly person no ppi

[Ell-enn]

You're doing great gal, bound to have a few lows now and again, but you'll get through it:wink:

 

We'll throw every bit of ammunition we can find at them....

 

Ell x

[kia]

keep with it tills youll get there sounds like some good advice to me so get your n244 in on tuesday not sure what the fee should take your letter with u cos it sounds as if it should be 35 not 75 but the court will be best people to ask show them the letter love chin up love were all here for u xxkia

[**Tilly**]

keep with it tills

I am kia hun,

 

youll get there sounds like some good advice to me

 

I could not wish for better advise than im getting here,

 

so get your n244 in on tuesday not sure what the fee should take your letter with u cos it sounds as if it should be 35 not 75 but the court will be best people to ask

Im taking it in forst thing tuesday morning 35 or 75 its going in

 

 

show them the letter love chin up love were all here for u xxkia

 

mwahhhhh xxxx

[**Tilly**]

Thanks Ell, will do a bit of research tomorrow, Tide thanks hun,

[saintly_1]

Cant add any advice hun ........ but can offer support

[**Tilly**]

Thanks saint that means a lot to me xx

[kennythecelt]

Thanks saint that means a lot to me xx

 

You mean a lot to us Tilly!

[Brassed off]

Ditto Kenny

[**Tilly**]

You mean a lot to us Tilly!

 

 

You are all welcome around my house, shed or tent anytime

[Brassed off]

[**Tilly**]

While it has been quiet, i have re read the thread over and over, i feel a lot more

calmer and a lot less worried than i have been im not saying im not still worried

but a tiny bit of that black cloud has lifted,so posative thoughts from now on.

[kennythecelt]

calmer and a lot less worried than i have been im not saying im not still worried

but a tiny bit of that black cloud has lifted,so posative thoughts from now on.

 

Positive thoughts, focus and assistance from CAG!!

[sillygirl1]

Tilly, I may not be able to come on 19th, 20th, 21st and 22nd May as I have a four day course at work but any other day will be fine if you still want me as a court buddy. With my GMAC case I went to court four times, and twice got their solicitor told off...

 

On the final case the Court Usher told the solicitor to 'quieten down' as there were a group of four of these 'girls' chatting about 'their best successes' in the middle of the waiting area - not a good advert for them at all! In fact it probably was a breach of confidence on their part...

 

Hopefully once you get your claim in they might even give you a date for next week - usually these things happen quickly once you start challenging the system. Again if your husband is on benefits it might be worth sending him down with the details as then you may not have to pay. If he can't manage it take the details with you and ask. After all the mortgage is in both names (isn't it?)

[**Tilly**]

and assistance from CAG!!

 

 

soooooo right Kenny

[**Tilly**]

Tilly, I may not be able to come on 19th, 20th, 21st and 22nd May as I have a four day course at work but any other day will be fine.

 

Hi SG , please don't worry if you cannot make it, your course is important , but hopefully (she says taking a deep breath) it will be

before.

 

 

Again if your husband is on benefits it might be worth sending him down with the details as then you may not have to pay. If he can't manage it take the details with you and ask. After all the mortgage is in both names (isn't it?)

 

I have looked but incapcity benefit is not included

[sillygirl1]

Good luck tomorrow Tilly, let us know what is happening... it's been known for people to go to court with the forms in the morning and have a hearing in the afternoon, although if your court is like Croydon (my local court) I suspect it might be on Wednesday....

[**Tilly**]

Good luck tomorrow Tilly,

Thanks SG

 

let us know what is happening... it's been known for people to go to court with the forms in the morning and have a hearing in the afternoon, although if your court is like Croydon (my local court) I suspect it might be on Wednesday....

 

 

Omg that fast, noooo why does it feel like your about to face the fireing squad

 

I will let you all know how i get on tomorrow, thats if they dont send me away again of course

[Nightmare4banks]

Hi All!

 

Tilly,I am very sorry to read about your repo problem.

 

Also,I hope your husband is feeling better now.

 

Anyway,let's try and be a bit more positive and see how to possibly help you out here.

 

To begin with,I would speak to the Court/go in person about obtaining remission on the grounds of hardship i.e. your home is being repossessed and the the fact that the household receives a benefit.Here the Court Manager has the powers to let you off paying the fee and it is well worth asking.Make sure you have the evidence of the receipt of the benefit with plus pariculars of the repo case.

Also,you will need the form which I think is the EX160.

 

Now going on to the repo itself,you have again several options in my view and based on personal experience:

 

1.If you want to keep your home,you must offer the mortgage company the regular monthly instlament plus a further fixed amount to be paid over the remaining term of the mortgage.

 

2.The precedent case to ask to be considered is:

 

Cheltenham & Gloucester v Norgan

 

which is Cheltenham & Gloucester Building Society V Norgan - print this off and give a copy to the court and the acting solicitor of Mortgage Express.

 

Basically,this case is well known and applied by the courts on a regular basis allowing any mortgage payer to repay the arrears over the remaining term of the mortgage.

 

3.Also,if you manage to bring the arrears down to less than 2 months all possession proceedings MUST stop.How do I know? Been there got the t-shirt and the rest is history!In theory you could stay forever with less than 2 months arrears and the mortgage company cannot repossess the property but of course don't do this but it is good to know this regardless.

 

4.If you want to sell the property you could offer a fixed amount which also could be less than monthly instalment but this would be subject to selling within say 6 months.Also,both the equity and state of the housing market at the time would determine the amount you would be allowed to pay which would totally up to the judge to decide in the hearing.

 

 

I hope you find this information useful.

 

If you need any more help,just ask.

 

Keep us posted.

 

All the best!

[**Tilly**]

Hi All!

 

Tilly,I am very sorry to read about your repo problem.

 

Thankyou Kfb

 

Also,I hope your husband is feeling better now.

 

Anyway,let's try and be a bit more positive and see how to possibly help you out here.

 

To begin with,I would speak to the Court/go in person about obtaining remission on the grounds of hardship i.e. your home is being repossessed and the the fact that the household receives a benefit.Here the Court Manager has the powers to let you off paying the fee and it is well worth asking.Make sure you have the evidence of the receipt of the benefit with plus pariculars of the repo case.

 

I have all these ready to take with me,

 

 

Also,you will need the form which I think is the EX160.

 

 

I have filled this in and printed it off.

 

Now going on to the repo itself,you have again several options in my view and based on personal experience:

 

1.If you want to keep your home,you must offer the mortgage company the regular monthly instlament plus a further fixed amount to be paid over the remaining term of the mortgage.

 

 

 

2.The precedent case to ask to be considered is:

 

Cheltenham & Gloucester v Norgan

 

which is Cheltenham & Gloucester Building Society V Norgan - print this off and give a copy to the court and the acting solicitor of Mortgage Express.

 

and again thankyou will print this off,

 

Basically,this case is well known and applied by the courts on a regular basis allowing any mortgage payer to repay the arrears over the remaining term of the mortgage.

 

3.Also,if you manage to bring the arrears down to less than 2 months all possession proceedings MUST stop.How do I know? Been there got the t-shirt and the rest is history!In theory you could stay forever with less than 2 months arrears and the mortgage company cannot repossess the property but of course don't do this but it is good to know this regardless.

 

 

 

4.If you want to sell the property you could offer a fixed amount which also could be less than monthly instalment but this would be subject to selling within say 6 months.Also,both the equity and state of the housing market at the time would determine the amount you would be allowed to pay which would totally up to the judge to decide in the hearing.

This is what i am aiming for, the house is currently on the market,

 

I hope you find this information useful.

 

If you need any more help,just ask.

 

Keep us posted.

 

All the best!

 

Thankyou for the information i must admit at first everything went whoooooosh, but i think i am now actually getting my head around it,

 

 

 

 

Tilly

[**Tilly**]

it's been known for people to go to court with the forms in the morning and have a hearing in the afternoon, although if your court is like Croydon (my local court) I suspect it might be on Wednesday....

 

Thinking about SG it might be better if i did, i wouldn't have time to think about and no waiting about,

 

If i do, what ever the outcome i will i know have tried, correction we have tried and without all the help and support i have been given, both on the thread and off you know who you are people. I would'nt have got this far.

 

 

Tillyxx

 

 

[Nightmare4banks]

Tilly,in reply to your last post:

 

No problem.I hope things go well for you but please remember:

 

1.Make an offer of repayments that you know you can afford and then you MUST stick to them.

 

2.Do not forget - probably you have already done this but prepare and take with you to the hearing the sales literature of your home from the estate agent.

 

3.When you have had an offer and accepted it there will be obviously a date when you have exchanged contracts(i.e. the sale is 100% legally binding on both parties - buyer/seller)you should notify the court and the solicitor for the mortgage company.Although the mortgage company will know about the exchange but it is still better to do so.This is because one department/section does one thing i.e.to see that the loan is redeemed and the other chases for arrears/in contact with acting solicitor for repo and neither speak to each other.

 

Finally,please don't worry as you have been told by others here you are not alone but amongst friends who will see to always help you.