Repossession hearing...

[nicolee2931]

Myself and the otherhalf recieved a letter from our lenders solicitor this morning stating that they are restarting the possession hearing that we mangaed to get stopped as our lender had not acted fairly when tring to take us to court in November 2008.

 

I will provide a little more info, at the late part of 2007 I was involved in an accident at work which resulted me being off work for several months, also in April 2008 I had to have an emergency hysterectomy which resulted in a further prolonged absence from work due to complications, on the back of all this my husband got made redundant in November 2008, so basicly put we have been missing a whole salary for around 18 months.

 

Over this period we have tried to and pleaded with our lender to reduce payments or switch to interest only and they have been firm throughout and will not help. At this monent in time the arrear stand at £8770.00.

 

My question is while we have been paying what we can afford towards the mortgage, if this matter went to a hearing has the judge the right to force a reduced payment or an interest only payment upon our lender. We have tried to be reasonable throughout but our lender has not, furthermore we have a son with a heart contidion and being kicked out of our home isn't going to help his condition.

 

Any advice anyone could give would be most welcome.

[nicolee2931]

Myself and the otherhalf recieved a letter from our lenders solicitor this morning stating that they are restarting the possession hearing that we mangaed to get stopped as our lender had not acted fairly when tring to take us to court in November 2008.

 

I will provide a little more info, at the late part of 2007 I was involved in an accident at work which resulted me being off work for several months, also in April 2008 I had to have an emergency hysterectomy which resulted in a further prolonged absence from work due to complications, on the back of all this my husband got made redundant in November 2008, so basicly put we have been missing a whole salary for around 18 months.

 

Over this period we have tried to and pleaded with our lender to reduce payments or switch to interest only and they have been firm throughout and will not help. At this monent in time the arrear stand at £8770.00.

 

My question is while we have been paying what we can afford towards the mortgage, if this matter went to a hearing has the judge the right to force a reduced payment or an interest only payment upon our lender. We have tried to be reasonable throughout but our lender has not, furthermore we have a son with a heart contidion and being kicked out of our home isn't going to help his condition.

 

Any advice anyone could give would be most welcome.

[Ell-enn]

Hi there, a judge cannot alter the terms of the mortgage (but I believe there will be new powers in place soon). However, if your lender has not been reasonable in considering a payment holiday or interest only option then this will go against them in court.

 

who is the lender? Have you put your request to them in writing regarding interest only or payment holiday? If not you should do so immediately then you can show the court you have asked for help. Also, do you have any correspondence from them proving they have not been helpful?

 

If you need help with a letter please let me know and I'll draft one for you.

 

Ell-enn

[Ell-enn]

Hi there, a judge cannot alter the terms of the mortgage (but I believe there will be new powers in place soon). However, if your lender has not been reasonable in considering a payment holiday or interest only option then this will go against them in court.

 

who is the lender? Have you put your request to them in writing regarding interest only or payment holiday? If not you should do so immediately then you can show the court you have asked for help. Also, do you have any correspondence from them proving they have not been helpful?

 

If you need help with a letter please let me know and I'll draft one for you.

 

Ell-enn

[nicolee2931]

Hi there, a judge cannot alter the terms of the mortgage (but I believe there will be new powers in place soon). However, if your lender has not been reasonable in considering a payment holiday or interest only option then this will go against them in court.

 

who is the lender? Have you put your request to them in writing regarding interest only or payment holiday? If not you should do so immediately then you can show the court you have asked for help. Also, do you have any correspondence from them proving they have not been helpful?

 

If you need help with a letter please let me know and I'll draft one for you.

 

Ell-enn

 

The mortgage company concerned is Prefered Mortgages, we have so far written to them on 4 occasions, all of our letters to them have been to get them to lower our payments and our last 2 letters we asked if we could be moved to interest only in the short term until our situation improves.

 

We got the letter from their solicitors (TLT) this morning, I rang them and recorded the phone call and explained I cannot understand as to why they have started court action again as we have had no response to our letter we sent to prefered. The guy at the solicitors said he cannot understand either but said he would try to find some information out and let us know by phone this afternoon, I am still waiting for his call. He also said he would drop a letter also in the post.

 

I have also rang Prefered Mortgages up this afternoon to ask them what is going on as we have had no response to our letters or the phone call I made to them 2 weeks ago giving them a statement of our income and expenditure they said they needed this as so they could get a specialist to look at. They said there was a backlog of cases for their specialist team to look at. That is the reason they gave for their non response, I also record this phone call.

 

Every letter we have sent them they have ignored, their response is the usual we get a letter from their solicitors not them, to be honest its frustrating and very unfair. We have also asked Prefered in all our letters we sent them to provide us with a copy of their procedure or policy for helping people in difficulty paying their mortgage, we are still waiting on this also.

 

To be honest I don't know where to start because neither the solicitor or the lender seems to know what is going on, so in my opinion they should not have restarted the court case for possession.

 

If you could offer any advice Ell-enn or draft a letter that would be great.

Edited April 24, 2009 by nicolee2931

[nicolee2931]

Hi there, a judge cannot alter the terms of the mortgage (but I believe there will be new powers in place soon). However, if your lender has not been reasonable in considering a payment holiday or interest only option then this will go against them in court.

 

who is the lender? Have you put your request to them in writing regarding interest only or payment holiday? If not you should do so immediately then you can show the court you have asked for help. Also, do you have any correspondence from them proving they have not been helpful?

 

If you need help with a letter please let me know and I'll draft one for you.

 

Ell-enn

 

The mortgage company concerned is Prefered Mortgages, we have so far written to them on 4 occasions, all of our letters to them have been to get them to lower our payments and our last 2 letters we asked if we could be moved to interest only in the short term until our situation improves.

 

We got the letter from their solicitors (TLT) this morning, I rang them and recorded the phone call and explained I cannot understand as to why they have started court action again as we have had no response to our letter we sent to prefered. The guy at the solicitors said he cannot understand either but said he would try to find some information out and let us know by phone this afternoon, I am still waiting for his call. He also said he would drop a letter also in the post.

 

I have also rang Prefered Mortgages up this afternoon to ask them what is going on as we have had no response to our letters or the phone call I made to them 2 weeks ago giving them a statement of our income and expenditure they said they needed this as so they could get a specialist to look at. They said there was a backlog of cases for their specialist team to look at. That is the reason they gave for their non response, I also record this phone call.

 

Every letter we have sent them they have ignored, their response is the usual we get a letter from their solicitors not them, to be honest its frustrating and very unfair. We have also asked Prefered in all our letters we sent them to provide us with a copy of their procedure or policy for helping people in difficulty paying their mortgage, we are still waiting on this also.

 

To be honest I don't know where to start because neither the solicitor or the lender seems to know what is going on, so in my opinion they should not have restarted the court case for possession.

 

If you could offer any advice Ell-enn or draft a letter that would be great.

[Ell-enn]

Hi, did you send your letters by recorded delivery and obtain proof of delivery? Also, did you keep copies of these letters?

 

I have affixed a letter for you to send to them by recorded delivery - do this tomorrow if at all possible so they will receive it on Monday. Keep the receipt for posting and in a few days check on the Royalmail website to print off the signature receipt. Keep a copy of the letter and clip the signature receipt to it.

 

I have also affixed the budget sheet we use, you will need to send them that with the letter.

 

Also send a copy of the letter to TLT solicitors (by recorded delivery), with a covering letter as follows:

 

..................................................................................Your Address

 

25th April 2009

 

By Recorded Delivery

 

Name of contact at TLT

TLT Address

 

 

 

Dear Sirs,

 

Your Ref: XXXXX

Re Preferred Mortgages Account No: XXXXX

 

Please find affixed copy letter sent to Preferred by recorded delivery on 25th April.

 

Yours faithfully,

 

 

 

XXXX

 

Encs.

 

Any questions, just shout

 

Ell-enn

Budget Sheet.xls

Nicolee2931 letter.doc

[Ell-enn]

Hi, did you send your letters by recorded delivery and obtain proof of delivery? Also, did you keep copies of these letters?

 

I have affixed a letter for you to send to them by recorded delivery - do this tomorrow if at all possible so they will receive it on Monday. Keep the receipt for posting and in a few days check on the Royalmail website to print off the signature receipt. Keep a copy of the letter and clip the signature receipt to it.

 

I have also affixed the budget sheet we use, you will need to send them that with the letter.

 

Also send a copy of the letter to TLT solicitors (by recorded delivery), with a covering letter as follows:

 

..................................................................................Your Address

 

25th April 2009

 

By Recorded Delivery

 

Name of contact at TLT

TLT Address

 

 

 

Dear Sirs,

 

Your Ref: XXXXX

Re Preferred Mortgages Account No: XXXXX

 

Please find affixed copy letter sent to Preferred by recorded delivery on 25th April.

 

Yours faithfully,

 

 

 

XXXX

 

Encs.

 

Any questions, just shout

 

Ell-enn

Budget Sheet.xls

Nicolee2931 letter.doc

[nicolee2931]

Thanks for that Ell-enn its much appreciated, I will get this sent off first thing tomorrow, recorded delivery,

[nicolee2931]

Thanks for that Ell-enn its much appreciated, I will get this sent off first thing tomorrow, recorded delivery,

[Ell-enn]

You're welcome

 

Did you keep copies of previous letters you sent to them?

[Ell-enn]

You're welcome

 

Did you keep copies of previous letters you sent to them?

[nicolee2931]

Yes we've got copies of all the letters we have sent to Prefered. But this is the first time we have wrote to their solicitor.

 

I have recorded all telephone calls to and from Prefered, the last phone call we made to Prefered their representative said on the phone for now the matter will proceed to court even though our financial statement in sitting in a queue to be looked at, doesn't seem very fair to me, do you think its worth sending a transcript of that telephone call to their solicitor?

[nicolee2931]

Yes we've got copies of all the letters we have sent to Prefered. But this is the first time we have wrote to their solicitor.

 

I have recorded all telephone calls to and from Prefered, the last phone call we made to Prefered their representative said on the phone for now the matter will proceed to court even though our financial statement in sitting in a queue to be looked at, doesn't seem very fair to me, do you think its worth sending a transcript of that telephone call to their solicitor?

[Ell-enn]

Hi there, you should keep all your evidence for now and wait and see if it gets to court.

 

You need to send the letter and budget sheet to Preferred with a COPY to the solicitors as I put in my earlier post.

 

Ell-enn

[Ell-enn]

Hi there, you should keep all your evidence for now and wait and see if it gets to court.

 

You need to send the letter and budget sheet to Preferred with a COPY to the solicitors as I put in my earlier post.

 

Ell-enn

[jansus]

Hi

 

sorry to hear of your problems.

 

Have you actually worked out what your interest only payments would be and how much that would help you.

 

What are the prospects of employment in your area do you think?

[jansus]

Hi

 

sorry to hear of your problems.

 

Have you actually worked out what your interest only payments would be and how much that would help you.

 

What are the prospects of employment in your area do you think?

[nicolee2931]

Hi

 

sorry to hear of your problems.

 

Have you actually worked out what your interest only payments would be and how much that would help you.

 

What are the prospects of employment in your area do you think?

 

Hubby is applying for jobs but there are very few in his line of work, but that said he is training to be a driving instructor which there is plenty work out there for him upon completing the qualifying exams.

 

I have been unable to calculate an interest only payment but it is going to be substantially less that the £600 p/m they are currently asking for which includes repayment & interest.

 

To be honest Prefered have been one of the most awkward companies I have ever had to deal with, while we have managed to come to arrangements with our other creditors, Prefered won't budge very nasty piece of work indeed.

[nicolee2931]

Hi

 

sorry to hear of your problems.

 

Have you actually worked out what your interest only payments would be and how much that would help you.

 

What are the prospects of employment in your area do you think?

 

Hubby is applying for jobs but there are very few in his line of work, but that said he is training to be a driving instructor which there is plenty work out there for him upon completing the qualifying exams.

 

I have been unable to calculate an interest only payment but it is going to be substantially less that the £600 p/m they are currently asking for which includes repayment & interest.

 

To be honest Prefered have been one of the most awkward companies I have ever had to deal with, while we have managed to come to arrangements with our other creditors, Prefered won't budge very nasty piece of work indeed.

[jansus]

interest only is your current debt -times the current interest rate - divide by 12 divide by 100

[jansus]

interest only is your current debt -times the current interest rate - divide by 12 divide by 100

[nicolee2931]

Well the letter provided by Ell-enn got sent off almost 2 weeks ago now still nothing back from Prefered or the court, so we will just sit and wait see what happens.

 

I will post back of any new developments...

[nicolee2931]

Well the letter provided by Ell-enn got sent off almost 2 weeks ago now still nothing back from Prefered or the court, so we will just sit and wait see what happens.

 

I will post back of any new developments...

[Ell-enn]

OK, keep us up updated