help please? reposession order for the 18th Feb 2009

[dehowletts]

gonna re-boot a sec my PC keeps hanging

[Ell-enn]

Have you sent the letter posted above?

[jansus]

For the moment keeping your property is the most important thing so do you actually agree the arrears figure on what they have sent you and does it agree with the figure given in court?

 

Can you see clearly what they say the DWP have paid and does that agree with what you have been told?

[jansus]

Actually I can see what Ell-enn is saying are they replying to the letter you sent this week rather than the SAR. that is two different things.

[jansus]

Ok

 

this is not a reply to the SAR this is a breakdown of your arrears.Thats what you requested and it has been sent by your lenders solicitor.

 

Your mortgage is obviously split into two parts a further advance and a main mortgage.

 

So the arrears figure they gave you is the two added together.

 

If you heard them right and they said you had not paid recently then that was obviously incorrect - but as the payments are intermittent then maybe they said your arrears had only decreased by that much.

 

will have a closer look later

[jansus]

From what I can see there was a very long period of time when no payments at all were made . And now I guess the only payments are from DWP - as your payments have gone up and down with the interest rates the payments have not always tallied and also the payments that are being recieved are only 1/2 your MP. as your MP is quite high then your arrears increase rapidly. In terms of months if their records are correct you are approx 10/11 months in arrears.

 

I am afraid I am not sure what your entitlements to help are but if it is all the interest then the amount being credited does not seem correct - but as you have a large mortgage ( no larger than mine!) then perhaps your entitlement is capped?

 

My worry is that you may have misunderstood what they said in court and your arrears are correct.

 

Also if your partner gets a job will you be able to manage as presumably the interest assistance will stop?

 

 

My questions - do you know what the curent interest rate is?

If your partner secures employment will you be able to make your current payments plus a small amount towards the arrears.

Do you think you will be able to get any money to pay the arrears .

Have you worked out what the interest only payment on the debt would be ?

[jansus]

Hi

 

have you managed to check the figures and do you agree the arrears now?

 

What is your plan for the next hearing? Do you need any more help?

[dehowletts]

Hi All

 

re-booted yesterday to no avail hence done a semi-rebuild just to bring my PC back to life grrrr

 

As I thought!! - it's not my answer ro my SAR (sent again back last month using the template J sent me via pm) the letters above were sent via my solicitor (as she wanted to be kept in the loop) I asked her to let me know exactly what was what with them she hasn't but I'll see her Monday.

 

What this letter from ME doesn't help me with is the charges and to which amounts the charges have been added.

 

Monday in court should be ok because the relevant paperwork the judge requested is submitted (I physically took the letter to my solicitors on Tuesday as nothing is going in the post at the mo just in case!!) however I think I am far from sorting this yet......

 

Cx

 

p.s. their pure lack of co-operation actually makes me more determined!

Edited July 25, 2009 by dehowletts
REALLY bad spelling!

[Ell-enn]

I'm afraid I have to be brutally honest with you here hun - I think you're only hope of saving the situation is for your mum to pay the arrears - I can't see how a judge would suspend eviction on the evidence you have, it's just not strong enough. Judges have to take into consideration how the arrears are to be paid and the likelihood of your being able to make the monthly payments going forward.

 

Sorry to be so blunt, but I feel you need to pull something out of the bag here.

[dehowletts]

Hi E

 

Sorry I've just realised the MAJOR update I haven't done............. The judge gave us an extra week to produce evidence that we've appled for and indeed meet the criteria for mortgage rescue which we do and we supplied the evidence requested to the court last Tuesday.

 

This will then give us another 6 weeks to gather info etc (there's more to this than I'm prepared to enter on an open forum but I'll pm you if you like?)

 

Our solicitor has said that to her knowledge no judge to date has evicted when an application to M rescue is being considered - is this true to your knowledge?

 

Sorry been having major PC fun so I think it might've crashed (hence losing my update re the mortgage rescue entry because I'm sure I did do it - but then i feel like i'm in a real life 'ground-hog day' at the mo....)

 

hope you're well?

 

Cx

[Ell-enn]

Please do PM

[dehowletts]

I have

 

& BTW this is soooooooooo untrue it's almost funny........!

 

ME said to their solicitor who e-mailed mine to this effect that the reason that the biggest part of my mortgage is interest & repayment still is because & i quote "that's what the customer wants"!!!?????????

 

NO mention of my 3 requests spanning almost 17 months to change it! They really are full of absolute tosh

[jansus]

Hi

 

I still have a few questions for you.

 

Tomorrow you just have to show evidence that you MAY be eligible for the mortgage rescue scheme is that correct ?

 

That give you time to get a final decision.

 

Lets take a worse scenario - and you do not get help - at the moment lets ignore the arrears charges because at this stage they are only an issue if they are included in the total arrears figures that they are using in court - and from what I can see they are not. So unless you disagree on that the charges issue will have to be tackled much later.

 

At the moment on the statement the solicitor sent you you agree the arrears figure- yes?

 

At the moment the arrears figure is increasing - yes?

 

Do the DWP payments go direct to the mortgage and what propertion of the interest is it suposed to pay?

 

If you can confirm your current interest rate I can tell you what your interest only MP would be - can you tell me this?

 

Your lender does seem to be putting your MP down because of lower interest rates so this is your best chance ever to try and be able to afford your mortgage - I ask you again, if your husband secures employment and the help with interest on the mortgage stops will you be able to mainatin current payments (£748 and £128 approx from memory?)

 

If you get a "gift" to clear the arrears and your situation does not change thenyou will only get breathing space for you to secure employment or sell the house - but that is still preferable to possession when the costs and charges will be totally out of your control. So maybe that is what you should aim for. At the moment I would concentrate on keeping your home and we can get angry with your lender later.

[jansus]

out of interest for others a link to dtails on mortgage rescue scheme details

Mortgage Rescue scheme : Directgov - Home and community

 

 

 

Mortgages Taken Out Before 2nd October 1995

 

For the first 8 weeks - you will receive no help from when your claim for Income Support or Job Seekers Allowance is awarded.

From the 8th-25th week - you should receive half of your Mortgage Interest payment.

From the 26th week - you should receive the Full Mortgage Interest.

 

Mortgages Taken Out After 2nd October 1995

 

For the first 39 weeks - you will receive no help from the date when your claim for Income Support or Job Seekers Allowance is awarded.

From the 40th week - you should receive the Full Mortgage Interest.

Be aware that the interest paid by the DWP is at a set rate. This does not necessarily match the rate that you are being charged by the mortgage lender. You would have to make sure that you took this into account when calculating what you need to pay including any arrears.

Other Types of Help you can get from Your Mortgage Lender

 

Lenders will try and help you to sort out any problems you may have with paying your mortgage.

• They may also offer to help you in other ways, but remember do not sign anything until you feel comfortable with any explanation offered or before you receive independent financial advice.
  
• The lender may agree to add the arrears to your total mortgage debt - this option is usually considered when your property is valued more than the amount outstanding on the mortgage.
  
• The possibility of changing from an endowment to a repayment mortgage may be an option. This could release money from the endowment policy towards your arrears. However, you may end up paying more than your usual monthly instalment. Remember you must get independent financial advice if you are considering cashing in any endowment policies you may have .
  
• Your lender may agree to increase the mortgage term beyond the original terms, ie. an increase from 25-30 years. This will reduce the monthly payment in order for you to make an offer towards the arrears you have.
  
• Your lender may consider the possibility of you paying the interest on a temporary basis. This is only appropriate if you have a 'capital repayment mortgage'.
  

Edited July 26, 2009 by jansus

[dehowletts]

Hi

 

I still have a few questions for you.

 

Tomorrow you just have to show evidence that you MAY be eligible for the mortgage rescue scheme is that correct ? yes

 

That give you time to get a final decision.

 

Lets take a worse scenario - and you do not get help - at the moment lets ignore the arrears charges because at this stage they are only an issue if they are included in the total arrears figures that they are using in court - and from what I can see they are not. So unless you disagree on that the charges issue will have to be tackled much later.

 

At the moment on the statement the solicitor sent you you agree the arrears figure- yes?

 

At the moment the arrears figure is increasing - yes?

 

Do the DWP payments go direct to the mortgage and what propertion of the interest is it suposed to pay?

 

If you can confirm your current interest rate I can tell you what your interest only MP would be - can you tell me this?

 

Your lender does seem to be putting your MP down because of lower interest rates so this is your best chance ever to try and be able to afford your mortgage - I ask you again, if your husband secures employment and the help with interest on the mortgage stops will you be able to mainatin current payments (£748 and £128 approx from memory?)

 

If you get a "gift" to clear the arrears and your situation does not change thenyou will only get breathing space for you to secure employment or sell the house - but that is still preferable to possession when the costs and charges will be totally out of your control. So maybe that is what you should aim for. At the moment I would concentrate on keeping your home and we can get angry with your lender later.

 

Re the other bits I still really don't know but can we defo explore further after tomoz?

 

thanks as always! DeH's x

[jansus]

No probs- hope everything is Ok

[dehowletts]

No probs- hope everything is Ok

 

Yep ok for now thanks! but only til Sept 7th (another Monday morning same court same judge same time 'ground-hog' day 4 true!)

 

This gives us exactly 6 weeks & counting to look & all options & make some major decisions......(cloud)

 

which is a whole heap more than i thought we'd get this time last week (silver lining)

 

M.Ex as per usual & true to form might as well have been reading from a Fairytale book again - (I really REALLY nearly lost it this time at the tosh they keep spouting I had to keep counting backwards in my head just to contr4ol myself - my ma said she thought i was gonna pop!) but at least the judge did give me time to come back at em this time..... yey!!

 

Big BIG BIG love 2 u all & thanks for support xxxxx

 

ps Have had a lil drink in the afternoon so that's all I'm writing 4 now....

 

 

 

BTW I'm gonna go on i-tunes after this update & buy Boomtown rats 'tell me why i don't like mondays' 8-)

[Ell-enn]

Good result! Looking forward to hearing the full story......

[sillygirl1]

I shall have one on you whilst I go to see some live misic tonight, jam session in local pub and they've invited me along.

 

You need to be prepared for the next one, maybe then you will get their side slaughtered....

 

Good luck for keeping your cool, its not easy when you know they are clutching at legal straws.

[bs0lth]

Great news DeH,

 

time to celebrate now... were still in our houses...

 

Im over the moon that you got some breathing space. please let me know if there is anything I can do to help.

 

Lynne

[jansus]

Really pleased that you have another chance. look foward to hearing what they said this time.

[jansus]

Can you give us a few more details about what happened in court.

[dehowletts]

Haven't been on line cos got cut off & i've been in & out of hospital

 

(i'm ok now though finally worked out what was causing these really scary attacks that were severe enough that in A&E they numb your throat & shove a tube down so u can breathe which was mimicing asthma i kept telling them i wasn't ashmatic grrrr!! - painkillers were the cause would ya believe)

 

went back to court this morning & lost she upholded the eviction order

 

i'll add detail later cos i've gotta sleep right now - haven't slept a wink since Fri at 10 to 5 (talk about give me no notice) when my solicitor dropped it on me that she wouldn't be in court with me this morning.....

 

DeH's

[jansus]

So sorry to hear your news. have been away and only just back on line today. hope you are ok

[dehowletts]

Hi All,

 

Sorry I've been 'missing' for a while my healths been a tad dicky but I'm all good again now,

 

Had ANOTHER 7 day warning cos they're gonna go at it again from the top new warrant etc..... However I have a plan I've started to put into action & at the mo so far so good.

 

I'm gonna be really superstitous (or however you spell it!) & not say anymore til it's more 'finalised' because the weekend of Friday the 13th earlier in the year was when it went really Pete Tong, so once I have written confirmation that they've accepted my proposal I'll update with full details cos it may help others.

 

I really hope all are well??

 

I've missed you guys!

 

Big love DeH's x