Repossession hearing next month - please advise

[Shanidev]

I have built up about £2500 of mortgage arrears since I lost my last job in Nov. So, we are down to one income. We have got up to date with monthly payments as of March 2009 and with interest rate coming down can expect to stay up to date with ongoing monthly payments.

 

However, the arrears remain. I wrote to the lender a while back to the effect that I shall commence staying up to date with monthly payments from March 2009 and will clear up arrears in due course. They wrote back asking me to come up with a monthly plan to clear the arrears in 6 months and if I needed longer then they could refer the account to Head Office for a decision.

 

I asked them to refer the acount to Head Office. My problem is that without a regular job I cannot commit to anything regular but as I freelance as well I would have some amounts to spare. (This could be £200 to £2000 a week, depending on the job but I have not mentioned amounts to them). They have yet to respond to this.

 

On a separate note, I complained about their inter/intra departmental communication, inconsistencies and inefficiency and general anarchy. They wrote back apologising for their staffs behavior as well as acknowledging gaps in their training.

 

Nothing happend after that and then this morning a so called Mortgage Counsellor (DCA - vanilla flavour grease monkey) called when I was in the garden and left a letter asking me to arrange an appointment with him. (I think they know they won't get in - he had it all pre-written and pre-sealed).

 

Question I have is, am I obliged to speak to him. He would only insult my intelligence. (I am doing everying that CCCS and Debt Helpline have suggested.) What right do they have. Should I write to him explaining the situation Or Should I write to the lender for response to my letter. They have not said who would be calling on me. He had not made any appointment anyway. I have already prioritised Mortgage, CT and Utilities and that is all he is going to tell me. CC companies and Banks are getting £1 each which I can ill-afford anyway.

 

Where do I stand! How should I deal with him! CCCS have advised me not to provide any income/expenditure statement yet but instead concentrate on finding a job. Well nigh impossible if I waste 6 hours in the day with pen pushers.

 

Thanks for all your help.

Edited April 3, 2009 by Shanidev
Took out specifics

[Shanidev]

Anyone with any thoughts/advice on this!!!

[ohoh4312]

Sorry you haven't had any replies, and I am not sure my opinion is 100% correct, but having been witness to a similar situation, these are my thoughts:

 

You are under NO obligation to speak to/make an appointment with the "Counsellor."

 

Normally they send these "people" out where there has been no contact, or threaten to in the hope that you will come to an agreement with them. (On their terms of course!)

 

The fact that you have been in contact with the mortgage co., and are taking advice from CCCS etc shows that you are aware of the situation and are trying to resolve it. To my mind that says that mortgage co. are bang out of line here - and the worst bit is that in a lot of cases they charge you for the visit, whether it happens or not.

 

Personally, I would write to the mortgage co. informing them in no uncertain terms that:

 

You have been in contact with them, and been honest about your situation.

 

You are taking all steps to secure employment/regular income etc

 

You have proposed a payment plan.

 

THEY have failed to respond to your requests/proposals.

 

Sending a Mortgage Counsellor to your house, at YOUR expense, so that you can tell him/her exactly what you have told the mortgage co. is a pointless exercise and only exacerbates your situation by adding unnecessary and unwarranted fees onto the existing arrears.

 

Also I am sure that they may be bending/breaching the new protocols laid down in light of the current dire times, by failing to respond positively and sympathetically to customers with financial difficulties.

 

I will try to find the relevant excerpts for you, and in the meantime even if I haven't helped at least it will bump your thread back up to the top, whereby hopefully some of the more knowledgeable CAGgers will look in.

 

Best regards xx

[ohoh4312]

http://www.civiljusticecouncil.gov.uk/files/cjc-new-pre-action-protocol-mort-poss-cases.pdf

[landy_alert]

Hi Shanidev,

 

I'm afraid I cannot offer you any advice other than what ohoh4312 has already said, but I can tell you from our own experience that they WILL add costs for counsellers visits onto your mortgage costs whether you have a meeting with them or not.

 

We were in arrears with our mortgage two years ago and had a couple of letters from such 'counsellors' trying to 'help' us (yeah, right!). There was never any appointment or arrangement made for us to meet with them, but despite this when we sold our house and paid off our mortgage, we were charged nearly £400 as a default charge for the services of the mortgage counsellors:eek:

 

Anyway, as ohoh said, I'm sure others will be along to offer their advice soon!

 

All the best,

 

Landy x

[Hungryforinfo]

I have been there too and read elsewhere that one of the motives of some counsellers is to find out as much about your circumstances as possible to make it easier for the mortgage company to persue any assets or funds held elsewhere in the event of a repo.

[Shanidev]

Well, I finally sopke to the Debt counsellor on the phone after his third unsuccessful visit. I must have ben in good mood.

 

I updated him and he was surprised as to why they were instructed to pay me a visit as clearly I had been in contact with them and had kept them updated. He suggested that I wrote to his company explaining what I had done so far. I did this and also once again updated Muppet Express. I made a formal compaint re all this and reply from them was that they cannot agree to deal with me on the phone and will continue to call me using their caller system as and when they see fit.

 

Then I received this letter alleging that I have not paid my arrears nor made any proposals to pay them.

 

What should I do.

[Shanidev]

On my arrears of £2500 fluctuating (£2000 or less at the beginning of month and ~£2500 at the end)

 

In summary, due to unforeseen circumstances I built up these arrears. Talking to ME is like talking to a brick wall.

 

They insist of harassing me to clear these. I wrote to them in Dec,08/Jan09 to say that we would be able to start paying our monthly premium from March onwards and that we shall pay whatever extra we can to clear arrears. Thsi promise has been kept and we have paid between £15 and £65 more than the monthly premium since March.

 

There was no change in their attitude and then yesterday I had this letter from XXXX and this morning I get court papers telling me that my hearing date is XXXX, 2009.

 

We have credit card debts of ~£50K, ~ 6K in overdrafts, no other major arrears and house is in negative equity.

 

I am out of work but have started with my limited company. Income is in drips and drabs but enough to keep my promises to ME so far. My partner is in full time employment.

 

Where do we stand and what shall we do?

me_poss.pdf

Edited August 19, 2009 by Shanidev

[Shanidev]

Please tell me if I need to move this to another forum!

[Smarterchick]

What you need to do for us Shanidev is give us a breakdown of your mortgage with ME.

 

1) When did it begin?-

 

2) When you took out the mtg - did you use a broker?

 

3) Have you had any further advances or loans since with ME on top of the original mtg but added to the mortgage?

 

4) When you took out this mtg was it the First Charge mortgage or 2nd Charge?

 

5) Did you have any loans paid off or other bills paid by ME when you took this out?

 

6) Did you receive any cash at the time as part of the Mtg deal?

 

 

Start there and we can see what comes out from there...

 

SC

[dehowletts]

Hi

 

I'd definitely either link-back or repost in repossessions, or can someone bump this for them please?

 

someone will help - don't worry!!

 

please see my other posts (mostly relating to ME too!!) if you need re-assurance as to how helpful these peeps are

[Shanidev]

Previously posted in 'Debt Collection Industry' Forum

 

Link " http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/209499-repossession-hearing-next-month.html "

 

On my arrears of £2500 fluctuating (£2000 or less at the beginning of month and ~£2500 at the end)

 

In summary, due to unforeseen circumstances I built up these arrears. Talking to ME is like talking to a brick wall.

 

They insist of harassing me to clear these. I wrote to them in Dec,08/Jan09 to say that we would be able to start paying our monthly premium from March onwards and that we shall pay whatever extra we can to clear arrears. Thsi promise has been kept and we have paid between £15 and £65 more than the monthly premium since March.

 

There was no change in their attitude and then yesterday I had this letter from HL Interactive and this morning I get court papers telling me that my hearing date is 13th Aug, 2009.

 

We have credit card debts of ~£50K, ~ 6K in overdrafts, no other major arrears and house is in negative equity.

 

I am out of work but have started with my limited company. Income is in drips and drabs but enough to keep my promises to ME so far. My partner is in full time employment.

 

Where do we stand and what shall we do?

Attached Files me_poss.pdf (702.8 KB, 11 views)

[Shanidev]

Answers to response by Smarterchick:

 

What you need to do for us Shanidev is give us a breakdown of your mortgage with ME.

 

1) When did it begin?-

 

>> Dec 2006

 

2) When you took out the mtg - did you use a broker?

 

>> Yes

 

3) Have you had any further advances or loans since with ME on top of the original mtg but added to the mortgage?

 

>> No

 

4) When you took out this mtg was it the First Charge mortgage or 2nd Charge?

 

>> First Charge

5) Did you have any loans paid off or other bills paid by ME when you took this out?

 

>> Only the previous mortgage because it would not transfer (still reeling >> from high settlement fees)

 

6) Did you receive any cash at the time as part of the Mtg deal?

 

>> No

 

Start there and we can see what comes out from there...

 

SC

[Shanidev]

Thanks everybody - now posted in 'Repossessions as advised'

 

Link - " http://www.consumeractiongroup.co.uk/forum/repossessions/210006-repossession-hearing-next-month.html#post2298043 "

[dehowletts]

Previously posted in 'Debt Collection Industry' Forum

 

Link " http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/209499-repossession-hearing-next-month.html "

 

On my arrears of £2500 fluctuating (£2000 or less at the beginning of month and ~£2500 at the end)

 

In summary, due to unforeseen circumstances I built up these arrears. Talking to ME is like talking to a brick wall.

 

you mean u get to talk to them wow - i ususally get put on hold for 20 mins + then cut off!!

They insist of harassing me to clear these. I wrote to them in Dec,08/Jan09 to say that we would be able to start paying our monthly premium from March onwards and that we shall pay whatever extra we can to clear arrears. Thsi promise has been kept and we have paid between £15 and £65 more than the monthly premium since March.

 

There was no change in their attitude and then yesterday I had this letter from HL Interactive and this morning I get court papers telling me that my hearing date is 13th Aug, 2009.

 

We have credit card debts of ~£50K, ~ 6K in overdrafts, no other major arrears and house is in negative equity.

 

I am out of work but have started with my limited company. Income is in drips and drabs but enough to keep my promises to ME so far. My partner is in full time employment.

 

Where do we stand and what shall we do?

Attached Files me_poss.pdf (702.8 KB, 11 views)

 

On a more serious note (although the being put on hold things no joke really it's seriously what's happenede to me on numerous occasions)....

 

I'm hoping Ell-enn's gonna pick up on this thread soon because she's probably the best person to help you but as a BTW in the meantime please read the thread I've linked

 

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/195648-new-homeowner-mortgage-support.html

 

does this help you at all? cos ME are 1 of the lenders detailed - hang in there someone'll pick this up soon........

[debtdeception]

It is well worth checking out the Consumer Credit Counselling Service, they are very good at helping people to negotiate with the banks to get a reduced payment plan put together. Also if you go to court with a proposal to clear the arrears within 48 months then there is a good chance you will get a suspended order.

[Rorschach]

Case law Cheltenham & Gloucester Building Society v Christina Norgan

Court of Appeal 5 December 1995

States that when considering what is a reasonable period of time to clear your arrears, the Court should consider the remaining term of your loan to be a reasonable period.

Its best for you to clear your arrears as quickly as possible. Saying you will pay what you can when you can is not good enough for the lender, and not for the Court. Consider your finances and offer to pay a fixed sum (as much as you can) every month towards your arrears. As long as this clears the arrears within the term of your loan, the Court should consider this.

Don't be afraid of the Court Hearing, its mor like an office meeting with a few people present. If it gets to that, complete and income and expenditure form (which you should be able to find on Google) to show you are offering as much as you can, and the Judge should give you the oppotunity to pay this.

[jansus]

From what I have read about ME it is veryimportant that you are prepared with very good paperwork about your dealings with them .

 

So have a file ready with all your letters you have sent - records of your payments made and your future proposals as it may be that their records are not as good as yours:)

 

Have they been charging you for just being in arrears and are these charges included in the amount of arrears they are chasing.

 

You should get some help on here with the N244 form you will have to complete together with and Income and expenditure form.

 

If you read some threads on here and particularly posts by Ell-enn ( use search button across top of page) you should get some idea of the proceedure.

[juneandon]

Call your Local Authority, ask for the Money Advisor or Homeless Prevention Team. Ask about the Court Desk duty officer. The Local Authority may be in court very regularly and their officers should be known to the judges. This service is free and they can represent/support you in court.

[dehowletts]

Hi Shan,

 

How's it going wiv u? any progress/updates?

 

DeH's x

[Shanidev]

I spoke to my local Authority and they did not have a clue. Suggested I spoke to CAB who may have such a position. Is this wise to do! I have never had much intelligence out of CAB. I am already speaking to CCCS re this.

 

Thanks in advance.

[dehowletts]

Is this your 1st repo hearing?

 

i.e. is the date you've been given a hearing date or an eviction date?

 

Have you received a Claim Form for your Defence?? - it should include a Defence Form (N11M)

 

or is this already a suspended eviction?

 

with regards to getting help, I also drew a blank (& that's being polite!) at my local CAB have you tried shelter Shelter, the housing and homelessness charity - choose your location they might be a better starting point.

 

(I thought shelter were for homeless people but 1 of their main functions is prevention of homelessness especially families)

 

however all the help you need you defo can get here too....

 

if your uncomfortable representing yourself are you entitled to legal aid??

 

try here as a starting point http://www.communitylegaladvice.org.uk/en/legalaid/index.jsp#types

 

although your wifes works you may still qualify

 

hope this helps

 

DeH's

Edited July 27, 2009 by dehowletts
wrong link

[Shanidev]

please see next post - made a mistake then didn't know how to delete.

[Shanidev]

This is first hearing and I have N11M which I can complete. There is an option to do it online. I have around 10 months of correspondence with them. If I do it on line there is lot of scanning and if I do it on paper - do I post it to them or take them with me!

 

I think I can put up a case together but I don't know how good a job I will do. Logically speaking I think my case is good in that I have been paying something to them every month and for the last 5 months I have been paying more than the usually monthly premium but with ME and courts you can never tell. I will contact Shelter.

[dehowletts]

Hi

 

It sounds a whole heap better than my case SH so take some comfort from that.....

 

Someone (who knows what they are doing & how to word things more than me!!) will be along to help with your defence form soon I'm sure so hang tight ok?

 

In the meantime have a look at this thread

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/188004-capstone-sppl-repossession-hearing.html

and the documents attached by Ell-enn on the 7th & 8th March

 

& this one

http://www.consumeractiongroup.co.uk/forum/repossessions/201755-why-ring-me-before.html

and the entry on 4th June

 

If like me you need a starting point it'll give you some idea (if you need it that is!!??)

 

DeH's x