HELP: Repossession hearing Cheshire/Blemain

[foreveraloe]

Basically I think we are up the creek without a paddle!!

 

Hearing on 30 April. Arrears are just over £1,600 but by the end of this month will be just over £2000.

 

Arrears arose because I lost my job last year, we were ok paying the payments until around Christmas when hubby's income took a nosedive and hasn't really recovered. He has started with a new company in the hope that more regular work will be supplied.

 

After reading loads of threads on here and elsewhere, I don't think we have a hope in hell of saving our home because we have very little income.

 

We have a shared ownership property, we have approached the housing association to buy back our half and revert to full tenants. They are looking into this, but won't decide until we have seen a debt counsellor, which we are doing next week.

 

I have claimed JSA, but don't think I'll get much more help.

 

I really don't know what to do. I just feel that going to the Court without any realistic payment proposal won't help and a possession order will be granted.

 

I have a couple of interviews next week, and can only hope that I obtain employment.

 

Can we ask the Court for more time for the housing association to decide about buy back and/or selling the property? Obviously, in the current climate I'm not sure how long it would take to sell.

 

Any advice would be appreciated.

[sillygirl1]

DONT GIVE UP WITHOUT A FIGHT - you CAN ask the court for more time for the housing association, get a letter from the housing association and ask them to list the options available and what timescales are involved.

 

Have you been to court before or is this the first time? If your husband has lost his job it doesn't mean you will loose your house.

 

Ell-en is the person to contact now as she is the expert....

[foreveraloe]

Hi Sillygirl1 - this is the first time at Court, so I guess it will be down to the Judge on the day. I'm hoping that by the time we go to Court, our situation will have improved.

 

I wrote to the HA last week by post and email, saying that their decision was now urgent as possession proceedings had been commenced.

 

Thanks for your reply.

[sillygirl1]

It SHOULD NOT be left to the 'judge on the day', they have plenty of time to negotiate with you and a first hearing does not mean you WILL be reposessed immediately, they will probably go for a suspended possession which means if you miss a payment they will be straight back to court for possession via a court bailiff, this can be contested on the grounds you have already tried to negotiate with them and your shared ownership people and have limited resources until the DSS payments kick in (or another job surfaces for your partner).

 

Ell-en will be around to help you during the week but this can be fought - I went to court 6 times (three each between main lender and second charge people) before the second charge people got a hollow victory.

[divadeb]

Hello Foreveraloe, If its any help I had a repossession order suspended for 18 months, i did have to go to court every 6 months just to prove that i was paying the amount agreed by me and fixed by the judge. In this day and age the judges are seeing so many people struggle and are willing to help all they can, all is not lost and i would be very surprised if you lose your home. Try not to worry.....easily said than done I know x:)

[Ell-enn]

Hi there, if the hearing is not until 30th April we have plenty of time to get a defence together. Make sure you get as much evidence from the HA as you can, letters etc confirming your options - they should be helping you as much as they can given the new government initiatives for councils.

 

Ell-enn

[foreveraloe]

Thank you all so much for your replies - it has given me some comfort and hope!

 

Being that we have a mortgage with a "sub-prime" lender no interest rate cuts have been passed on, if they had, I am in no doubt that we could have easily have managed.

 

Was also a bit worried as sub-prime lenders seem to be a bit more aggressive in their repossession stance.

 

Thanks again.

[Ell-enn]

Who is the lender?

[foreveraloe]

Hi Ell-enn

 

the lender is Cheshire Mortgage Corporation aka Blemain Finance!

[Ell-enn]

Ah yes, it's in the title of the thread - sorry

[patrickq1]

good luck make sure u record everything that blenheim say they are known and not very well respected,make sure everything is in writing from blenheim...el will help you through the maze but dont worry it is not as bad as you think it is only do not accept phone conversations with blenheim make sure it is all in writing and converse with el before you do anything good luck

patrickq1

[magiciansgirl]

Blemain again... That's about the fifth repossession attempt I've read recently, these people just don't care. I agree with Patrick, don't answer the phone to them. They charge £35 a call and after 28 days they add interest at the same rate as your loan/mortgage. Good luck with everything but I think you need to see the CAB or Shelter as they could also put pressure on your housing association. Will be thinking of you.

 

Kind regards, MG

[foreveraloe]

Thank you everyone for your responses. I appreciate it very much.

 

I have only ever spoken to them once on the phone (well hubby did) and the usual story wouldn't listen, just kept on saying want full payment plus payment off the arrears. I always put everything in writing and send the letters recorded as well. That doesn't stop them phoning the house phone at least 3-4 times a day as well as our mobiles. Luckily I've got caller ID, so I never answer it!

 

Went to the CAB today and whilst the lady was very helpful, apparently we have to see a specialist debt counsellor as the HA require proof we have been to see someone. We have been referred, but it could take up to 2 weeks to be seen. I did stress the urgency of the matter bearing in mind the pending hearing, so hopefully we will be seen earlier. The CAB did say that it sounded like Cheshire had not followed protocol properly in that they hadn't really done anything to help the situation, i.e. payment holiday or accepting lower payments.

 

I did also consider going to Shelter, so I think I'll look into that.

[magiciansgirl]

I would send a harrassment letter to Cheshire about the phone calls. It's not legal and adds to your stress levels. Do go to Shelter; I read on another thread here that they will support people in court.

 

I very much doubt that Cheshire will get what they want!

[foreveraloe]

Well, the telephone calls continue! 3 so far today!

 

Have an appointment tomorrow with a debt counsellor at the CAB, so hopefully they will be able to help. Rather more bizarrely, I phoned Shelter about advice etc, and if I could just call in or would I have to make an appointment. The lady I spoke to said that as their service was "means tested" someone would call me back and ask me a few questions to see if I qualified or if I earned too much money!!! Eh?? I thought their advice was free???!!

 

Is this right??

[magiciansgirl]

Not sure about Shelter, hopefully someone else will know. 3 phone calls from Cheshire is outrageous. Feel for you.... good luck at the CAB

[foreveraloe]

I can't believe this - it just gets worse!!

 

Received a letter this morning from the housing association stating that they have no funds to buy back our share of the property and therefore will not help us!!!

 

With this prospect down the drain, I now think that the mortgage company will defo get possession at the hearing.

 

CAB weren't much help, only to say that we should try and claim more benefits, I have to go back next week, not sure why, but we're really up the creek now! We just don't have anywhere else we can go. We will be on the street I fear!!

 

I really thought that the HA would help.

 

Really don't know what to do now.

[magiciansgirl]

Really sorry to hear this; you need Ell-en. She wrote something about councils having to help now. But also she can help you prepare for the hearing. I would think the judge will be sympathetic to the ridiculous rate of interest Cheshire charge so make sure you bring that up; also the late payment charges on which they charge interest too. Keep fighting even though it's hard.

[foreveraloe]

Anybody got any further advice on this and what I should do now? With very little income, there is no way we can offer to pay the monthly payments plus an amount of the arrears - unless by some minor miracle I get a job by the time of the hearing!!!

 

I'm really at my wits end now and have been in tears most of the day. Hubby doesn't know about the letter yet!

 

I just don't know how we are going to get out of this.

[foreveraloe]

Is anyone able to offer any more advice on this please?

[Kezzakins]

I hope you will get the answers you need. I know only too well what you are going through, as we have the exact same problem with G E Money and we worry we will be on the streets.

 

If ell-enn does know about what councils can do, it would be really good to find out.

 

Kxxx

[foreveraloe]

I've done a bit of research about the Council scheme, and apparently there are certain criteria you have to meet and I believe one of these is you have to be in a "vulnerable" group, whatever that means! Don't think we fit into that category.

 

What really annoys me that most of the help agencies can only offer you advice if you can actually meet the monthly payments and an amount off the arrears. They seem to be at a loss as to what to advise when you can't actually do that.

 

The other thing that concerns me is that if the house does get re-possessed the trouble we will have in trying to find somewhere to rent privately because all agents do a credit check! Seems to be a no win situation.

 

Everything I've read seems to say offer the monthly payments and an amount off the arrears! Well, that's not easy with very little income.

[Markiemark1]

How much is the balance owed to Blemain??

 

Do you have equity?

[foreveraloe]

Markiemark1 - Blemain are quoting £60,688.29, which includes an early redemption charge and legal costs. There's probably a bit of equity but it is a shared ownership property. Houses where I live are not selling that fast and I think we would be lucky if we got more than £65K for our share. We are going to put it on the market though but we need to find an agent that will defer payment for the HIP.

[magiciansgirl]

Hi, I reckon some of the legal experts on this forum were away for Easter so don't despair, proper help will come along soon. Two things for now; make sure the amount Cheshire are quoting is accurate; they sling in all sorts of things which may not be fair or correct. Either the CAB or your local Trading Standards Office should be able to help you with this. And that they are not calculating the payment using the Rule of 78 (you can find more about that by searching in the forums). They were disciplined by the FSA for doing this.

 

Re HIPS, most agents charge way over the top for providing this and you can get it done yourself more cheaply if you can find the cash. If you let me know where you live I will try and find you a good price via the Landlord's Association. Sorry you are having such a rotten time.