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I really need help, I took out a mortgage with Amber Home Loans who then sold on to Redstone, since that time they have constantly raised the interest rate so our mortgage is now £500 a month more! This was not linked to the bank of england base rate rises. Our business has also suffered and we fell behind with our payments, I have tried talking to Redstone but it's just a call centre and no-one knows anything!!! They have now taken us to court for being just 2 months in arrears, I spoke with them before the court date and was told the court hearing was just for the judge to decide a solution to the arrears. I made a terrible mistake and didn't attend court - I was absolutely scared stiff. Just received a letter from the court stating the repossession will take place on 14th January 2009. I am now in a position to start making the monthly payment now, as I have just started a new job but have heard so many bad things about Redstone I don't think they will listen - can anybody help

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right I think you will need Ell-enn to help with this one.

The first question is can you afford the current Monthly payment plus a small amount towards the arrears?

 

What were the original reason for the arrears? And is your new job fairly secure /long term

 

Do you have children living in the house and what ages are they?

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi Quaker.

 

When you say you've had correspondence from the Court, is it an eviction date (a warrant for possession) or is it the Order for possession. We need to make an application to the Court to either suspend the warrant or to vary the possession order depending upon what the document is.

 

The key thing is, as already suggested, are you able to pay the current instalment plus something off the arrears. Ell-enn is superb at these, and I certianly don't want to tread on her toes, but if she's not around at all, I'll be glad to help out. Please don't worry. This is easily sortable (and the Judge will take a dim view that you were misled into not going to court).

 

How much are your monthly payments, and how much are the arrears? How long have you left on the mortgage?

 

RM

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Hi there, you need to make an application to the court on a N244 form which you can download here: Her Majesty's Courts Service - Home. Select Forms and Guidance from the menu on the left hand side and enter N244 in the box. You can then go to the page where you download the form. I can help you with the statement for Q.10, which is the most important part of the form.

 

You will need to offer a payment towards the arrears each month in addition to the normal mothly payment -are you able to do this? If so, don't offer more than you can comfortably afford, if you only have 2 or 3 months arrears the court will allow the arrears to paid over a reasonable time. You should most certainly mention that you were told you did not have to attend court as the judge will not be happy with that at all !!

 

You will also need to affix a budget sheet to the N244 and I have attached one to this post for you to complete. Make sure that the amount you are offering to pay each month towards the arrears in addition to your monthly payment is the amount left over after everything else, inlcuding the mortgage payment, has been accounted for.

 

If you can give me a bit more detail I can help with the form:

 

Is the mortgage in joint names?

Do you have any children?

How much can you afford to pay in addition to the normal monthly payment?

 

You need to get the application to the court asap so the sooner you let me have some more info the sooner we can get started.

 

Kind Regards

 

Ell-enn

Budget Sheet.xls

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:)Ell-enn beat me to it

 

she is much quicker than me

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi, I received an Order for Possession, stating that we must vacate the property on the 14th Jan. Our current monthly payment is now £950 per month, but when we got into arrears it was £1500 per month - nobody at Redstone can answer any questions about our interest rate and we have had several letters stating that they have charged interest incorrectly but they will write the outstanding amount off! I have two boys aged 11 and 13 - I have a lovely house and cannot bear the thought of losing it, as I'm sure most people feel the same. I can afford to pay £100 off the arrears - the mortgage is in joint names - my husband is still self employed. We got into arrears because our shop has not been doing so well, and on top of all the stress with the business and everything, my dad was told his throat cancer had come back and he had to have his voice box removed and I just couldn't cope with what he had to go through and my business collapsed. But I am working now.

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If you deal with the possession first with Ell-enns help you can perhaps afterwards send an SAR regarding interest/chargese etc. The most important thing is to get the forms completed and sent to court.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi Quaker....ok some good news, it's right at the early stage so you will be applying to vary the original possession order to make it a suspended one. There will be a fee to pay for this. But at least there's not an eviction pending. The reason for me asking about the figures is that the Court has the power to suspend a possession and the minimum they can suspend it on is payment of the arrears over the remaining term of the mortgage. If £100 per month is definitely affordable that's great. But make sure it is rather than coming up with a figure that you think that the court may want to hear. Sorry if that sounds condescending, but you would be amazed at how many people tell creditors figures and the odd £20, £50 and £100s all add up.

 

Ell-enn, when you do the form, make sure you draw attention to the claimant suggesting to the defendant that she need not attend the original hearing. Costs will have been added for that hearing to the account, and for this one too. I would be minded to ask the Judge to state "cost's of todays application NOT to be added to the security". I'd probably be tempted to ask for the defendant's costs of the application to, but that might be pushing it. But the bottom line is had Quaker gone to the original hearing it would have been sorted as a suspended order then and sorted out without further costs being incurred to either party.

 

HTH

 

RM

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Thanks RM

 

At least you lot have made me feel that there is a solution, I can pay the extra £100 per month as we were paying £1500 a month and now the payments are only £950. So at least we can maintain the mortgage payments now. I have to go just now but thanks to all of you for your help and I'll be back on later.

 

J x

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Hi again

 

Just wanted to say - sorry to hear about the situation that caused the arrears and hope that now you can hopefully move forward a little and at least secure your home.

 

In the meantime make sure you come back for any help with the forms

ASAP .

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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You should most certainly mention that you were told you did not have to attend court as the judge will not be happy with that at all !!

 

 

I'm already on to that Repoman :)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi there, let me know when you have completed the budget sheet and downloaded the form, we can then get to work on your statement:)

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi there, if you need help with Q1 - 9 of the form I can give you instructions. Meanwhile I will start to draft your statement for Q.10.

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi there, I have affixed your statement for Q.10 of the N244. You need to fill in the information where I have put XXX's (removing the XXX's of course). Do not edit the extreme right column where the words (Claimant) and (Defendant) are as this will change the formatting.

 

On the budget sheet write the claim number on the top left hand corner and Appendix 1 on the top right hand corner and affix to the N244 form with the Statement.

 

The instructions for completing the rest of the N244 are:

 

1. Your names

2. Tick Defendant

3. Suspension of eviction order payment proposal offered.

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for Attached Witness Statement

Cross out all options except We Believe

Sign and cross out all options except Applicants

11. Sign and cross out all options except Applicants. Enter your address and contact details

 

 

 

 

You need to hand deliver the forms to the court so you get a hearing well before the respossession date. Make sure you take a photocopy of everything as you will need to take one with you on the day.

 

 

Let us know when you have a date for the hearing and we can go through the process with you.

 

 

Stay positive:) you will be OK.

 

 

 

Kind Regards

 

 

Ell-enn

Quaker N244.doc

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Hi Ell-enn,

 

Thank you so much for your help, I haven't been on here lately - I've had that awful Flu and the way things have been going with Redstone I just sort of buried my head in the sand all last week. I've been a nervous wreck!!! I have completed all the forms and am taking them to Court tomorrow - hopefully things will be ok. I'll let know. Once again thanks to all of you for being brilliant.

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I think when if you have to go into court you also have to state you agree with the amount of loan outstanding - is that right Ell-enn?

 

I hope you let them know that you have tried to establish various figures for the debt/mp without success? (Your post 6)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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If no joy in court then do an SAR so you can get correct details about what they have done on your account and whether they put the mistake right.

Edited by jansus
duplicate post

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi, sorry to hear you have been ill, just what you didn't need when you are worrying about something. However, stay positive - I'm sure you will get the possession order suspended on the terms you have offered.

 

As soon as you have a date for the hearing let us know and I can run though the court process with you. It won't be half as bad as you think :)

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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