help please? reposession order for the 18th Feb 2009

[Ell-enn]

Hi, my day job is HR Manager for a large manufacturing company so from time to time when we have a vacancy a couple of the agencies we use are engaged to select candidates (usually a technically specific role).

 

Quite often I get fantastic CV's (and wish I could give those people a job!) but the specific skill set or experience isn't quite right. I know you say you have been with the agency for a long time - but are you sure they are matching you with the right role?

 

Ellx

[dehowletts]

Ok here we go

 

I have been to present my family as homeless to the council as per shelter's advice- however have to back 12 Wednesday with lots of things (if anyone else in this situation I'd call your local office 1st make sure you have a pen/paper to write it down everything they need from you as evidence etcI just happen to live within walking distance of mine)

 

which is much better than their 1st suggestion which was to wait til my eldest returns from her hols the day after our eviction date because they prefer passports as id - i told them her driving license is here i just hope it is

 

have dug out all the correspondance of times when I've copied in FOS in on correspondance with lender I'm trying to put it all on their complaints form - duuno if it'll make any difference

 

have had a difficult day to find silver linings today more negative nays than anything so it looks like I've paid 11 years of a mortgage for sweet fanny adams

 

i know that's the way the cookie crumbles sometimes but the really sour bit is holidays etc that were sacrificed in the name of 'home improvements' and other such rubbish

 

this hit home last night when my little one asked me

 

'mummy when do think you might be happy again and want to do nice things?',

 

i felt really awful because i've made a concious effort to be cheery around her and thought that i had managed to sheild her from too much

 

well 1 of us was defo a fool & it wasn't my daughter that's for sure!

 

sorry to moan peeps but i had about 5 seperate possibilities last night and although i've given up that thing called sleep again.... felt quite positive despite my sleep deprivation

 

& each and every 1 we don't qualify for cos of slightly different reasons on each 1......

 

you have to fit each 'box' they wanna squish you into with neither over-hang or gaps it seems!

 

i think the icing on the cake was when i saw someone I haven't seen for years and although i didn't tell her anything at all I could still see pity in her eyes urghhhhhh

 

last time i saw her i was approaching 30 driving a brand new mercedes & top of my game going on a summer holiday and away a couple of weekends a year too..... now 10 years later approaching 40 and completely the other way

 

she must've walked away thinking she should write a book & call it 'how to f**ck up your like by the age of 40' by yours truly

 

ok sorry peeps i try not to do negative cos it helps no one - but i'm kinda really struggling here my poor kids i feel it for most........i didn't have to deal wiv rubbish like this growing up

 

i'm quite stuck now

 

any suggestions welcome

[dehowletts]

Hi

 

A family member has contacted repossessionhelpline.org & they are convinced they can help does anyone if they are regulated please?

 

I'm going round in circles and quite confused, this one nationalrepossessionhelpline.com seem more legit to me as they link to CAB on their site but again I cannot find any regulatory body?

 

Does anyone know anything about either of these please?

 

Cheers C

[dehowletts]

I have a hearing for 10.00am Monday..... 40 mins b4 eviction time arghhh

[Ell-enn]

Hi there, crikey - that sounds a very stressful situation for you were you able to offer anything in your N244 application? Do you need any help with anything?

 

Ellx

[jansus]

Really sorry you have to back to court again . So can you clarify what is your current position? Your mortgage is now interest only and you are reciving help with that payment? could you afford the MP with no contribution towards the arrears? Are the lenders still adding arrears charges ?

 

Have your arrears increased considerably since the last hearing?

 

We all really feel for you and your family. Do you still have offers of help from your family?

 

But I understand tha would be difficult as at the moment you can not see a time when you can repay them .

[dehowletts]

hi both

 

Ell-enn thanks but i don't think there's anything anyone can do it's in the lap of the gods as it were, when my scanner's working (hopefully tomoz) I'll pm ya what i put on the N244 just in case you spot anything (if that's ok?)

 

Jansus - nope that's the problem they STILL haven't converted it despite the original request being in MARCH 2008!!

 

The cheeky sods did say if i could provide written evidence of this request they'd back date it when they know damn well my initial request was verbal (& i KNOW they know this because of my notes in my mortgage file the contents of a complaint in May 08 to the FOS etc) but I had no reason to mistrust them back then, nor had I really had any blips or bad experiences with my mortgage full stop - but you live & learn.

 

I've registered my whole family as homeless (my 18 year old's in gran canaria at the mo & blissfully unaware of this!!??) and i have keys to an emergency property & after i had a mini breakdown in their office the guy took pity and agreed the tenancy won't start til monday so that's a relief at least.

 

I'm also eligible for mortgage rescue so have asked for 56days to sort that out whether the judge'll buy it i don't know - the guy from shelter thinks i've no chance!? (but he's a lil ray of sunshine & 1 of life's optimists not!)

 

my ma's coming to court and is adamant taht if the judge won't give me the time i've asked for she's going to clear the arrears however it would take her til Tuesday to raise the £10k - i really don't want her to do this & i dunno if the judge will go for it anyway - what do ya think?

 

Thanks 4 support as always

 

Cx

[jansus]

If your mortgage was interest only could you afford the payment with a small amount towards the arrears.

If they capataliised the arrears what would your debt be in total and what do you think the value of the house would be at the moment?

Is 10k actual arrears or does that include the arrears charges.

Do you feel in the long run you are not able to continue the fight - or do you feel if the lender helped you you would be able to continue and when you have a job in the furure you would be able to get back on your feet?

 

what will mortgage rescue mean to you how will it help in practical terms?

[dehowletts]

If your mortgage was interest only could you afford the payment with a small amount towards the arrears. yes which is what we proposed last time the problem is they've been 'losing' pour paperwork on this since March last year which talking to other ME caggers is not unique to us it's about par for the course with them

 

If they capataliised the arrears - don't understand the q sorry for being dull! what would your debt be in total and what do you think the value of the house would be at the moment? because of their 'mortgage councellor'

i'm even MORE annoyed about this after reading this on the fsa website:

“Debt counsellors

 

Firms should not give the impression they provide debt advice or counselling if they do not.

Some firms are still referring to their staff or agents who visit customers in their home to discuss arrears and repayment plans or collect money on behalf of the lender as 'debt counsellors'.

We have previously stated that it is good practice to refer to this function by a title that accurately describes the role, for example, 'field collection agent' not 'debt counsellor'.

This is to ensure that customers understand they will not receive counselling or holistic debt advice and will not be discouraged from seeking out independent debt advice for themselves.

It is also good practice for firms to encourage customers to contact sources of free independent money advice.

We have noted that some firms have changed the title they use for this function, but in some cases the new title still suggests that counselling will be provided. We ask firms to use an appropriate title for this function in order to be clear, fair and not misleading about the services they provide.”

 

i actually thought we had -ve equity but in fact we haven't we've got about £20k equity

 

Is 10k actual arrears or does that include the arrears charges. I don't know trying to find this information from them is like gettin g blood from a stone & they haven't bothered to respond to the SAR

 

Do you feel in the long run you are not able to continue the fight - or do you feel if the lender helped you you would be able to continue and when you have a job in the furure you would be able to get back on your feet? I really don't want to leave for lots of reasons my worry is that ME & B&B are trying to close their mortgage book there's NO WAY another MC would touch us at the mo & I'm really concerned at how often we're gonna have this situation thrust upon us......

 

That's if we survive tomorrow which I really don't think we will B&B owe the government £14billion & call me cynical but I'm beginning to wonder if there's a higher order to be persistent & to 'push' any customers who didn't jump with their recent ERC offer......because there was NO communication with us about lots of things since court the end of Feb (only 4 and a half months ago)

what will mortgage rescue mean to you how will it help in practical terms?

It will give us the breathing space we need to get back on track - my husbands enhanced CRB is at stage 4 (last stage) of the checks so his start date is imminent once he has a job I'll temp or do anything to up our income

answers above

[jansus]

Sorry a few more questions - Sorry I dont have time to read the whole thread.

 

Did the DSS make the back payments of the mortgage assistance? If so I wonder why the arrears are so high?

Do you know what your current interest rate is?

 

In your latest income and expenditure sheet have you shown you could afford the Mp if it was transferred to interest only?

What is enhanced CRB does that mean your husband very nearly has a job?

 

Have you emphasised the fact on your documents for this hearing that the mortgage lender has not answered any of your queries or given you an accurate breakdown of arrears?

 

To capatalise the arrears means that say your total loan is now 171000 they add the arrears of 10000 to make 181000 and re-work the interest only payment on that amount and start again. then when you are hopefully back in employment you could convert back to repayment. HOWEVER I would be asking for a full breakdown of charges and arrears if they did agree to consider this. But one advantage would be the arrears would be "cleared" and you would not get monthly charges.

 

I think on this hearing you have to emhasise

 

1) you could maintain interest only MP if the mortgage company would be more helpful

2) be clear about employment prospects

3 You still have no idea about what the arrears actually are despite requesting info

4) DSS could owe back payments?????

5) you will consider sale of the property if situtation does not improve within 3 months?

 

Just my suggestion - but El-enn is your expert so shout if you need more help.

[Ell-enn]

Hi, for tomorrow's hearing you need to be VERY clear on all the issues ME have have failed to respond to, you will need documentary proof of :

 

the letters you sent

SAR request etc (these two should have proof of receipt if sent by recorded delivery)

Details of the mortgage rescue scheme and your qualification for the scheme

Evidence of your husband's job offer

 

In other words you need to provide as much evidence of the "positives" so the judge can see there are more of them than the "negatives".

 

If things don't go your way (God Forbid), then you need to ask the judge for leave to appeal. If there is a chance your mum may need to pay the arrears, then she should take some evidence of having the funds with her to court.

 

Please let me know if there's anything you need help with.

 

Ellx

[dehowletts]

Hi, for tomorrow's hearing you need to be VERY clear on all the issues ME have have failed to respond to, you will need documentary proof of :

 

the letters you sent

SAR request etc (these two should have proof of receipt if sent by recorded delivery) ok

Details of the mortgage rescue scheme and your qualification for the scheme because we only had our initial appointment with the homeless people Wednesday (only knew about them the Friday b4) they haven't given us anything they've just said that we probably are eligible but they gave us keys to an emergency property just in case....? Wed, thurs & fri we saw 3 different people which hasn't helped

 

are there generic documents I could match back to do you know? I know it's run by Charter in this area som I'll check their website too

 

Evidence of your husband's job offer we just have the letter that says that his interview was successful will this do?

In other words you need to provide as much evidence of the "positives" so the judge can see there are more of them than the "negatives".

 

If things don't go your way (God Forbid), then you need to ask the judge for leave to appeal. If there is a chance your mum may need to pay the arrears, then she should take some evidence of having the funds with her to court.

 

Please let me know if there's anything you need help with.

 

Ellx

 

Thanks both for your help again

 

Claire

[Ell-enn]

Hi, can you post what you put in Q.10 of the N244?

[dehowletts]

Hi, can you post what you put in Q.10 of the N244?

 

Hi E

 

I'm glad you asked this q because I've just re-read the statement that a leagal aid solicitor entered (supposedly from the information I gave her) and I've noticed one of the major points is in fact wrong. arghhhhhhhh the bit that's incorrect i've highlighted in red.

 

This was what was entered:

1. We live at XXXXXXXX

2. We have fallen behind with our mortgage payments to the sum of £10,379

3. We have been struggling with our finances recently but have been receivin g help from family when possible.

4.We have been attempting to have our mortgage payments lowered since March 2008 by requesting that the claimant convert our mortgage to interest only. For reasons unknown this was not done until March 2009 in relation to this we have made 2 complaits to the FSO.

5. We submit that had the claimant converted our mortgage when requested our arrears would be minimal.

6. We have sought advice from XXXXXXXXXX council in relation to the martgage rescue scheme but we have been advised that this will take approximately 6 weeks for the process to be completed.

 

This is what I've e-mailed her in response to this:

"This is wrong primarily because this is still not done* as I stated in our meeting on Wednesday – Mortgage Express may say this is the case because of the way their systems are set up but it DEFINITELY isn’t the case.

*if it had been done then my mortgage payments would be roughly £500 not £850 and therefore the arrears would be £8600"

How will the judge react to the statement being incorrect? Also doesn’t that statement also weaken my case?

 

 

My mum wanted to know what she could take as proof to her having access to the funds please as it's not in her bank account as such but she owns 50% of 4 properties and my grandfather died leaving her a considerable amount of money, it's not released yet due to my uncle doing probate himself but she can access that sort of money quite quickly.

 

 

Is my husbands letter to say that he was successful (but with no start date due to the enhanced checks that all care workers undergo) going to be ok?

 

 

I have also gathered testimonies from other ME customers about them 'losing' important paperwork, being impossible to contact and not getting back to them, should I take those along too (with personal details removed obviously)?

 

 

I know this is awful but I have zero confidence in our solicitor, not helped by the fact the last coversation I had with her Friday was that she doesn't think it'll get suspended again........?

 

 

I can't get rid of a really bad feeling in the pit of my stomache this time....

 

 

Thasnks for your help again Cx

 

[jansus]

Hope Ell-enn can help you before the hearing.

 

I would make note now in case you can not change the N244 form.

 

1) the mortgage has not been transferred to interest only despite many attempts. This would assist you greatly

 

2) You are at the moment paying xxx each month from DSS

3) your husband has a job offer subject to security checks this would increase your income by XXX

4) you still are not clear about how much the arrears are and how much are charges

 

 

Again I ask you were you entitled to any back payment on the interest portion - what happened to the £4500 the DSS were to pay?

 

I guess the £10k represents approx 10 months payments?

[jansus]

can your mum get a letter faxed to her from the solicitor involved in probate to say she will have access to funds?

 

Are you going to say this will be a loan or gift?

 

And then you must emphasise you will be able to maintain interest payments for the foreseeable future

[Ell-enn]

Hi there, firstly - under no circumstances should you say that the money your mum can give you is a loan! the judge would see that as placing you into further debt - it must be stated as a gift.

 

You need to take an up to date statement to court with you - do you still have any of the ones I drafted for you?

 

If so, keep the same format but the first sentence should say " We respectfully request the court to consider the following information when hearing our application. This information is supplementary to that which is contained within Q.10 of our N244."

 

As Jansus says, can your mum get a fax from her solicitor sent to the court confirming she has access to the funds ? To be honest I think that will be your best (and probably only) chance.

 

You should also make a point of stating that the £10k arrears is unconfirmed as it contains arrears monthly charges and you have been unable, despite several requests, to obtain a detailed statement.

 

Why did the solicitor not quote the Norgan case and the Administration of Justice Act in your N244?

 

Ell

[dehowletts]

Hi there, firstly - under no circumstances should you say that the money your mum can give you is a loan! the judge would see that as placing you into further debt - it must be stated as a gift. really point (something else our solicitor failed to pick up on, are you SURE you're in the right job!?)

 

You need to take an up to date statement to court with you - do you still have any of the ones I drafted for you? yes of course

 

If so, keep the same format but the first sentence should say " We respectfully request the court to consider the following information when hearing our application. This information is supplementary to that which is contained within Q.10 of our N244." ok

 

As Jansus says, can your mum get a fax from her solicitor sent to the court confirming she has access to the funds ? To be honest I think that will be your best (and probably only) chance. tricky because as I said my uncle's doing it himself - this is driving my poor ma to distraction to say the least, is there anything else she could take she has a letter confirming a loan she's just cleared and they stated they'd be keen to do business with her again, would that do it?

 

You should also make a point of stating that the £10k arrears is unconfirmed as it contains arrears monthly charges and you have been unable, despite several requests, to obtain a detailed statement. ok

 

Why did the solicitor not quote the Norgan case and the Administration of Justice Act in your N244?

I don't know I wondered the exact same thing especially as I gave her a copy of the last 1........ she was supposed to be there when I went there to collect it but she had 'gone to lunch' despite the fact we agreed the time on the phone!?

Ell

 

The only reason I consulted a solicitor was because I know my case is weaker this time and the judges response last time when she realised I intended to defend myself was NOT good...........

 

...............but now I'm really doubting this decision, especially as she took the decision to beleive ME over me when explained about the mistake they keep making with the interest only bit, I even told her to make sure she tells the advisor to look at their 2nd screen - that's how many times they've made that mistake i even know how to get them to look properly!!! & still she didn't listen AND I gave her copies of EVERYTHING to back myself up grrrrrrrrr.

 

 

[Ell-enn]

OK, is this solicitor going to court with you tomorrow?

[dehowletts]

yes

[dehowletts]

can your mum get a letter faxed to her from the solicitor involved in probate to say she will have access to funds?

 

Are you going to say this will be a loan or gift?

 

And then you must emphasise you will be able to maintain interest payments for the foreseeable future

 

Hi Jansus sorry missed your post totally earlier!!

 

my uncle's handling the probabte which is a pain and yes their were back dated payments & I liked your suggestion of the 3 months thing or offer to sell

 

thanks Cx

[Ell-enn]

yes

 

Well kick her ass before you go in just to sharpen her up a bit !

 

If it helps, statement affixed:

De Howletts 20th July.doc

[dehowletts]

lol ok!!

 

Wasn't expecting that 1 E!!

 

& thanks a million for the statement Cx

[jansus]

hope it goes ok

 

J

[dehowletts]

Hi Peeps,

 

The judge hass given us a week to get evidence mortgage rescue application and eligibility.

 

Initially she was going to uphold the eviction and changed her mind mid-sentence..... (i think i stopped breathing at this point and her pause mid sentence lasted about 3 hours....)

 

The ME rep was a nightmare with totally in-accurate info AGAIN! (no surprises there)

 

He said that I'd had no right to complain to the FSO that it was essentially my fault that the mortgage hadn't been converted and that even if it had then it wouldn't have helped us anyway because we hadn't made a payment at all for a year apart from £68?????????????????? what a load od tosh!!! (dunno how i kept quiet i was fuming :-x:-x)

 

He also gave the total mortgage as £5000 higher than it was back in Feb & said that our arrears in Feb were only £1000?

 

So how on earth are they now nearly £11k in 4 months and a mortgage increase of £5k???

 

Have got this one by the teeth now and I am NOT letting it go til i get some intelligent answers from someone at ME or B&B

 

This is just going on and on and on.................

 

Hope you're both well?

 

DeH's xx

 

ps could 1 of u please look at this one http://www.consumeractiongroup.co.uk/forum/repossessions/210006-repossession-hearing-next-month.html

 

another ME customer having issues

Edited July 20, 2009 by dehowletts
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