Help please repossesion hearing 13/8/08 not sure what to do

[mich7k]

Hi all wonder if you can help me not sure if you have seen my other post re my 5year old son been turned down for dla but it ties in, well i am on benefits with two kids just us, well i am on income support so i am not entitled to help to pay my mortgage from dwp until december 17 2008. i have been issued with a court date for reposession. i have to fill in the paperwork in 14 days. Im just at a loss what to do i explained to the mortgage company my situation but the tried to get me to pay the full mortage amount plus 50 a month off the arrears i cant afford that! on the court papers the state that i am in employment when they know im not working i even wrote to the solicitors (sent recorded) asking them if i could have the arrears added to the rest of the mortgage term 29 years or if they could change the mortgage to an interest only mortgage for a few months until the mortgage interest payments start which would give me a chance to pay more off the arrears. They wrote back and said i have to ask the mortgage company direct??? even though they are acting for them.

do i put the house up for sale before the court takes it?

sell and rent back so me and the kids have somewhere to live?

do i go to court and explain but the arrears are going up i have worked out i can pay at least 100 per week as i get 57 income support and 73 ctc but i will have to use my childe benefit to pay for my gas electric and tv license?? stuck??

[gizmo111]

Which mortgage company is this?

 

Have you informed them and shown proof that you have made a claim and that from December your arrears will stabilise?

[Ell-enn]

Hi there. Well firstly, don't panic and offer an amount you can't afford.

I can help you with the defence forms but you will need to give me some more information;

 

How much is your normal monthly payment?

 

How much canyou really afford to pay each week/month?

 

How much are the arrears?

 

Who is the lender?

 

Do yo have any confirmation from DWP that you will get your mortgage payments made from December?

 

If you can let me know I will draft a defence for you to put in the forms - I assume it's an N11M form that you have been sent?

 

Kind Regards

 

Ell-enn

[mich7k]

answer to your questions

the company is SPML

The normal monthly payment is 514.87

my arrears are 2507.36

i have a letter from dwp stating that i will be entitled to help from 17/12/08

 

Each time i tell the advisers i am on income support they dont seem to acknowledge it??

[Ell-enn]

Hi, how much can you realistically afford to pay each month?

 

The advisors won't acknowledge you are on benefits because they're not trained to actually listen, they are only trained to talk you into offering to pay (usually more than you can afford).

 

Is it an N11M form you have received?

 

Kind Regards

 

Ell-enn

[mich7k]

the forms are N120/1, N5 saying i can repond to claim online or send in to the court .

they have put on the claim that i am currently unemployed even though i sent the soliitors a letter recorded delivery so they just ignored my letter?

[Ell-enn]

N120 is SPML's particular's of claim (i.e. what they are saying you owe etc, etc. )

- have you not been sent an N11M Defence Form (Mortgaged Residential Premises) ?

[mich7k]

Sorry Ell-en just had a quick read through found it!

[Ell-enn]

OK, you need to get the forms filled in and sent back to the court. The most important part of the form is Question 27, and I can draft a statement for you to put in there. However, you will have to gather together some documents to attach to the form.

 

Evidence of the benefits you are receiving at the moment,

Evidence from DWP that your mortgage payments will be made by them from December.

 

Take photocopies of them and keep the originals for yourself.

 

If you need help with filling in the N11M i can walk you through it.

 

Kind Regards

 

Ell-enn

[mich7k]

Please excuse me spelling your name incorrectly rubbish at spelling! Ok i will start filling in the forms i would appreciate your help espcially with Q27 i worried how can i keep my home cause my benefits are so low? i explained to them about my son's appeal for dla i made the orginal claim in january 08 the case worker i have said that his problems are hard to put on the claim form but she thinks he is entitled to full dla care and low rate mobility. this is how i ended up in arrears as altogether i get 160 a week this is made up os IS,CTC and child benefit so i dont even know what to offer ? I am waiting to go to a tribunal regarding my son so it would all get backdated so i could clear the arrears i have £100 to pay them but i dont want to speak to them on the phone cause they act like its just pennies sorry just confused and abit stressed

[mich7k]

Just rang DWP asking them for another letter confirming entitlement help from December said she will action it today

[Ell-enn]

Hi there, can you get a report from your son's case worker? we could affix that too and everything helps.

 

If we calculate your income at 160 x 52 weeks = 8320 divided by 12 months = £693 per month. If your normal payment is £514 that only leaves you £179 per month to live on = £41.00 per week. You can't possibly live on that when you have other bills to pay. The only thing we can do is offer reduced payments until your DWP mortgage payments start, or your son's DLA comes through, and then you can make payments towards the arrears. There is some case law for this that we can use in your defence.

 

It is important you get your case worker to give you a report so we have something to put in front of the judge.

 

In the meantime you need to carry on making whatever payments you can, (even small amounts) this will show the court that you are committed to paying.

 

I'll make a start on the text for Q27 if you can try and get your other documents sorted.

 

We are OK for time on returning the court papers, they can be entered 2 weeks before the hearing OK, even though it says return in 14 days.

 

Kind Regards

 

Ell-enn

[mich7k]

ok Ell-enn i will contact my case worker today thank you i appreciate your help

 

Mich

[Ell-enn]

Hi, I have moved your thread to the Repossessions Forum where it will be more visible to others in similar position, or with similar experience.

 

Ell

[mich7k]

thank you i will have a look for it now

[OLIVE.FAMILY]

Hi there mich7k.

 

A bit of moral support really. Good luck with all. I have replied to your dla thread as well.

Olivesxx

[elliesnan]

Hi there, just offering my moral support too. We went through a repossession hearing a couple of wekks ago. I'ts not as scary as you think! Just follow what Ell-enn tells you and l am sure it will be fine

[mich7k]

thanks guys

[mich7k]

Hi all hope you are well have started to fill in the form i am stuck as to what to write in q27 any ideas and how low do you think i should ask for the repayments to be lowered to? I have a letter from the DWP stating that i would be entitled to help from december should i include it?

[Ell-enn]

Hi there, if you give me half an hour or so I will draft you a statement for Q.27. How much can you really afford each month until the mortgage benefit kicks in?

 

You will need the letter from the DWP stating your entitlement from December.

 

Did you get a letter from your son's caseworker? that would be good to attach to the form.

 

If your case is next week, you really need to get those forms back as soon as possible (hand deliver them to the court if possible. If you haven't got the letter from the caseworker by Thursday, take the forms in and we'll do a statement for you to take to court on the day.

 

Just need the answers to the above so I can start.

 

Ell-enn

[mich7k]

Hi Ellen

Sorry i didnt get back to you earlier havent been well today been in bed! think im abit nervous as i have the tribunal and the court case this week and next, anyway i worked out i can pay @£250 each month plus a £10 off the arrears does it sound too low? I have the letter from the dwp stating the start date which is 17/12/08, my case worker hasnt sent my letter yet as she has been working on my case which is on Friday. Thank you for your help

[Ell-enn]

OK, we'll go with what we have at the moment, but you need to try and get the letter from your case worker re your son.

 

Back in a bit.

 

Ell-enn

Edited August 5, 2008 by Ell-enn
wrong form

[mich7k]

thanks Ellen will fill out the forms now and hand deliver to the court tomorrow do you think they will accept the reduced payment offer

[Ell-enn]

You can only give it a try -

You will need to fill out an income and expenditure sheet to go with the form you can download one here: National Debtline England & Wales | Personal Budget Sheet

Also, get a photocopy of the DWP letter regarding payments starting in December.

 

Here is the text for part 10.

 

.........................................................................................

I respectfully request the consider the following when hearing my application:

 

 

• The arrears arose as a result of my becoming unemployed.
  
• I have kept SPML fully informed at all times regarding my situation, and have explained that I am currently receiving benefits. They have been consistently unhelpful and have acted contrary to the Civil Justice Council Consultation Paper - Mortgage Arrears Protocol.
  
• Until the DWP mortgage payment benefit comes into effect in December 2008, I am only able to offer reduced payments of £260. Please see entitlement letter from DWP (Appendix 1)and also income and expenditure sheet (Appendix 2).
  
• I respectfully ask the court to take into account the case of Royal Bank of Scotland –v- Elmes April 1998 when considering my offer of reduced payments until December 08.
  
• I am also awaiting confirmation of my claim for disability living allowance and mobility allowance for my son aged xxxxx.
  

I therefore respectfully ask the court to suspend possession in order for me to provide a stable home for my children aged xxx and xxx

......................................................................................

 

If the above will not fit into the box at 10. then copy onto a separate sheet. Write the claim number on the top right hand corner and your name on the top left hand corner.

 

On the photocopy of the DWP letter write the claim number and Appendix 1, and on the budget sheet write the claim number and Appendix 2.

 

Make sure you take a copy of everything and take care to securely affix the appendices.

 

You will have to pay a fee of £35 when you take the N244 to court (cash is best, they don't take cards)

 

When you get the letter from your case worker I will write a statement for you to take to court and hand to the judge on the day. You can also take a copy of the case law quoted above in case the judge doesn't have it to hand.

 

Any questions, just shout.

 

Ell-enn

[mich7k]

thank you Ellen will i have to pay £35 even though im on benefits??