Accord - Repo Date 11 Dec

[TimeToStandUp]

Hi I just been given a court date, I owe just over 2 months...

 

The day the solicitors sent me a letter saying they have taken action was the same day Accord sent a letter that a Debt counsiller will come and see me, I would of thought they would of done this first !!!

 

Anyway because of this site I am not too worried:rolleyes:, I know it will go suspended repo. I have this week spoken to Accord and changed from Repayment to Interest only, but they will only do it for six months, but this will save me £250 a month, and I have agreed £80 a month to pay off the arrears.

 

One thing though is that I still got 21 years left on the mortgage, and I asked them to lump it on at the end, but they refused. Could I ask the judge to enforce this ?

 

I have now received the court papers and in the middle of reading it properly, is there any guidelines around to help me fill them in.

[Ell-enn]

Hi there, I assume you have received an N11M defence form? The most important part is Q.27 and I can help you with the text for that.

 

If you already have an agreement with them to pay £80 per month towards the arrears then you will have no problem getting a suspended possession order. However, if you feel you will struggle with that amount, you can ask the court to consider a smaller payment each month spread over a longer period of time.

 

Let me know how you wish to proceed and I will help.

 

Kind Regards

 

Ell-enn

[TimeToStandUp]

I am fine with the repayment, however after 6 months when the Interest rate only switches back, my payments will also rise by £50 a month and add the £80 repayment, then I will be back in trouble.

 

I must stress I only reverted to the interest only at this stage to get me out of trouble as it is today.

[Ell-enn]

OK, thinking ahead to when the payments increase again in 6 months, you would be better to offer a lower amount each month towards the arrears. How much are the arrears?

 

Ell-enn

[TimeToStandUp]

Arrears are £2700..

 

My normal monthly payment was £941 max I could struggle to pay is £1000.

 

For the next 6 months my payment drops to £721, and I am paying £80 towards the arrears. I have 21 years left on the mortgage.

 

But when the 6 months go back I then have to repay £970, before payments to the arrears are made.

[Ell-enn]

So realistically £30 would be what you could afford going forward? Best not to offer more - if you struggle with it in the future you could end up defending an eviction order.

 

take a photocopy of the financial questions on the N11M and "practise" on them till you get your figures right before completing the final copy. I can draft some text for Q.27 when you are ready.

 

Ell-enn

[TimeToStandUp]

I already copied it, advise you gave to someone on another thread

 

What interests me is on another thread you posted Civil Justice Council press release where the judge can look at Extending the term of the mortgage..

 

I am 32 and got 21 years left, so putting 3 months on the end surely should not be an issue

[Ell-enn]

Hi, the judge can't alter the contractual terms of the mortgage, but he does have the power to order the arrears to be paid over the remaining term of the mortgage (it would have to be a large amount of arrears for that though).

The guidelines are for the parties concerned, i.e. you and Accord. However, courts have been issued with the guidelines and lenders will have to be able to prove they have exhausted every possibility before making a claim for possession.

[TimeToStandUp]

Hi Ell-enn can you help me with Q27 pls, doing all my documentation today ?

[TimeToStandUp]

Hi can anyone help me, I really dont want to put anything wrong in this Q27 ?

 

Many thanks in advance

[OLIVE.FAMILY]

Hi there, I am sure Ell or somebody will be around soo to help you out. Try mot to panic

 

olives xx

[jansus]

I think she is away until friday.

 

what is Q27

[TimeToStandUp]

Q27 is - Give details of any events or circumstances which have led to your being in arrears with your mortgage (for example divorce, separation, redundancy, bereavement, illness, bankruptcy).

 

If you believe you would suffer exceptional hardship by being ordered to leave the property immediately, say why ?

 

But reading on this forum its an important to do this question properly..

 

Also anyone know about this section:-

Do you intend to apply to the court for an order changing the terms of your loan agreement (a time order)?

Could I ask for the months to be extended at the back of the mortgage ?

[jansus]

I think the best thing is to draft a reply in your own words on here first . Just straight to the point and post it on here and then we can have a look.

 

they will be looking for the change in circumstance that caused the arrears and whether it is short or long term - that sort of thing

 

the second part of Q27 is whether you have family and whether you have anywhere else to go I would imagine - or whether the location could be vital say for your partners job etc.

[TimeToStandUp]

Well this is what I done as a draft, thoughts pls...

 

One month we had problems with the boiler to which we had to pay and get fixed for us to have hot & cold water, I did phone the mortgage company to ask for a payment break for this month, however was refused, we also asked for an additional sum on top of the mortgage to help us again was denied. We fell behind on Council Tax, and Bailiff came knocking and was aggressive to my wife, said if he did not receive payment within 2 days he will come with a van and remove all goods and add additional charges. My company on 3 seperate occassions this year have "forgotten" to pay my overtime (due to clerical error) which has meant I was very short on my take home pay. When the pay was received the following months the Tax deducted was a lot more meaning I lost out further.

 

We would suffer severe hardship, as we have 2 young girls (5 & 8 with one having hospital treatment, and both are settled and enjoying school which is in the same road. My wife does not drive so moving away would cause problems and the girls would probably have to find a new school too.

[jansus]

Right my first reaction is that you have to be careful not to indictate that you might have problems with future payments by your answer here as you will I assume be offering to make your mp plus a small amount towards the arrears yes?

 

 

So I would suggest something like

 

We have ben maintaining our MP since XXX with no problems but we are on a limited income and normally manage each month to meet our outgoings. However we had a major outlay which could not be avoided when our boiler had to be repaired . We did try to obtain a further advance or a temporary MP break to fix this problem so that we could have hot and cold water but we were refused.Also I have had problems with my employer paying agreed overtime which temporarily limited my income.

 

 

Does the above cover the whole reason for the arrears or are there any other reasons?

[Ell-enn]

Hi, I've just got back from being away for a few days. If you haven't already sent the forms back, I can draft a defence for Q27 tomorrow for you.

 

Ell-enn

[TimeToStandUp]

Many thanks, I missed less than 3 payments, the first one when the Boiler packed up, 2nd when the Bailiff got threatening, and the other was part payments missed when I didnt get my OT. I have now switched to a intersest only payment which will help alot, but its just short term for 6 months.

 

My biggest dissappointment is that the Mortgage company have not followed any of the goverment guidelines issued in October.

 

Do you think I should bring this up to the judge next week.. Cant belive its nxt week, quiet scary really. I know I got nothing really to fear as it be suspended but its still a massive worry overall.

[TimeToStandUp]

I have not sent the form, I have completed it all on line and saved as a draft and was going to send tomorrow morning. In the hope of help on here.. Thanks to both of you, I really appreciate it.

[Markiemark1]

With regards to the Pre Action Protocol, when was your claim issued. If it was issued before the 19th November then it does not apply to your claim, although don't let that worry you. The Judge will I am sure apply the principle of Cheltenham & Gloucester in allowing you to spread payments over as long a period as you need.

[Ell-enn]

Hi there, If you haven't sent the form back yet I'm happy to look over your defence.

 

The pre-action protocols and government guidelines have been communicated to county court judges and will be considered in every repossession case.

 

The Civil Justice Council have had a consultation paper regarding these protocols for at least 6 months and where we have quoted the recommendations contained within the consultation paper, judges have taken that into account.

 

It goes without saying that the Norgan case is a very useful quote in respossession claims (providing, of course, that you are offering an amount each month towards the arrears).

 

Let me know if you want me to have a look at your defence info:)

 

Ell-enn

[TimeToStandUp]

They applied to the courts 4th November, 5th Nov they sent a letter to say they would send a debt counsellor...

[Ell-enn]

Hi there, I will draft something for you tomorrow - at this late stage I would advise against sending the form online, it may not get to your court on time - is it possible for you hand deliver it to the court on Monday morning?

 

Ell-enn

[TimeToStandUp]

I have today hand delivered my defence to the court, I have also asked the court for Q6 to consider the Norgan case too...

 

Heres to Thursday.....

[jansus]

Just to say best of luck for Thursday

 

Hope it goes your way