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Kay2620

please help

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Hello

I have spent a lot of time the last couple of days reading here and taking (well trying to) heart from the posts, i am hoping that someone will be kind enough to help........

 

Right here goes........in 2006 we bought our home with the help of an inheritance.......it needed various works doing to it (including new boiler, electric, kitchen etc) so we took out a 2nd mortgage with capstone. In 2007 we took out a loan with welcome which we thought was unsecured.......it wasn't!

 

Due to rising interest rates, a drop in income due to ill health, we have arrears on all 3 accounts........

 

1st lender has a suspended possession order, and has just this month changed our mortgage from interest only to combination.......i am told that while we are in arrears it is unlikely that they will consider changing it back. We have kept to the agreement by the skin of our teeth.

 

2nd lender also has a spo and has this week handed us an eviction notice of aug 19th........i have spoken to them and have been told they dont want to repossess. I have done a budget with the help of National Debtline and sent copies of this to the lender along with a covering letter asking them to accept the new payment plan. Also quoted C&G v Norgan at them (thanks CAG). On receipt of the eo, i rang them and went through the plan verbally. I also promised to pay £500 today (which I have). They tell me it has gone for referral and i should know their decision by close of play today. I have told them i have done an N244 and have sent copies of it to them and their solicitor as well as handing it in to the court.

 

3rd lender is on a rewrite and i have kept to that.

 

dwp have lost my claim 5 times and i have been trying to sort it out since march. we have been surviving on ctc and a bit of work that i have been able to get........not much as i am self employed & 3 of the companies i work for have gone bust.

 

I admit due to not having enough money coming in and the stress of having bad health myself and my husband being ill and my mother-in-law basically ......well she's very very poorly........and 4 children .........i haven't kept to past payment plans......good intentions but not having enough money i havent kept to past promises to pay.........I have explained all of this in detail to capstone and to the court on the n244........

 

If as i dread capstone wont accept the new plan, (and i know if they do i HAVE to keep to it)what is my next best move? What are my chances in court and if that goes against us, do i have any alternatives?

 

Thank you

regards

Kay

 

PS We dont have any cc's or hp.......just a few catalogues....& no family to borrow from.....

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Kay2620 - Well done on posting ( i found it hard but do feel better after sharing problem) There appears to be some great individuals on here who i am sure will advise.Good Luck

Mark0ne2

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bumping you up for some replies.

 

My first comment is that the first lender is doing the opposite to what they should do to help you by trf you from interest only.

 

What is your long term aim? Buy timeto sell the house - or do you think you will be able to afford the mortgage in the future?

 

If you get help from DWP sorted will you be able to pay the MP and at least stabalise the situation?

 

Have you checked out if you are eligible for the mortgage rescue scheme ( not that many people are:mad:)


Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

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Hi there, you mention you have a claim with the DWP - what's this for? if it is for mortgage interest relief then Capstone should be aware of it and shouldn't pursue possession while the claim is ongoing.

 

Ell-enn


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Hello

Thank you for your replies & support, I'll try to answer in order.......

 

My long term aim is to hang on to the house, I hope & plan to be able to afford it on my own asap. Now that ESA is at last in payment i think we will be able to maintain the proposed payment plan, maybe not easily but its doable (i want to loose weight anyhow!! sorry trying to stay cheerful & find positives)

 

First lender is well aware of my claim with dwp for mortgage help as thye have actually (finally) completed & returned the relevant forms (mi12 i think)

 

Capstone are also well aware of this as they have done the same AND i have repeatedly told them.......

 

We are currently claiming incapacity benefit as well as dla.......i am not sure if we are eligible for mortgage rescue after my conversation yesterday with dwp decision maker as she said she was going to have to check her law books, as i was actually a carer when we took out the mortgages/loans and therefore possibly not eligible as we were in receipt of some benefit when at the start of the mortgages........

 

I did pay the promised £500 yesterday. Capstone did promise me an answer by close of business yesterday as did dwp........neither have given me one so to get through the weekend i am taking it as a positive.......? What do you think?

 

Again many many thanks

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bump please!

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Hi there, you say you have sent an N244 to the court - do you have a hearing date?


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hi

thanks for replying

 

no i dont have a hearing date.......only an eviction date!

 

kay

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When did you put the N244 into court?


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last thursday

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Did you post it ? if so did you send it by recorded delivery?

Also, did you enclose the fee?


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hand delivered it to the court

ddn't pay fee as exempt but did fill in the exemption form

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and got it recorded (where they have to sign for it?) to the solicitors & capstone

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They usually give you a hearing date when you hand it in? What did they say about a hearing?


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no they didnt.....

oh heck!

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Did you just hand it over the counter and leave, or did you have any conversation with them about it?


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well aactually it was my husband and he was told to put it in their postbox as he was told to do .....he did say what it was

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Ring them first thing on Monday morning and ask when your hearing is! You should have had something in the post by now I would have thought. Most courts will issue a hearing date at the time if you hand deliver the form in person. Sounds like your court has a different system.

 

Can you tell me what you put in Q.10 of the N244 (you did keep a copy for yourselves?)


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yes i did....i'll get it

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sorry had a shock........my uncle has had a serious heart attack and had visiters turn up!

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Oh dear, sorry to hear that :(


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Hi sorry about the delay i hope you are still around

 

Q10.....

"We have both suffered very bad health for quite a while now. Both Mr & Mrs 2620 are registered disabled. We enclose most recent letter and budget sheet as was sent to Capstone and their solicitors Glennister's. We have also talked direct to the lender today (29th July) and are hoping that they will accept the proposed plan of £35 per week being paid on top of CMI. We are going to be able to maintain this as we are now both in receipt of benefits and children's tax credits. Mrs 2620 is also working as much as she can. The mortgage help should be paid from the beginning of March. I have promised to pay £500 by debit card on Friday 31st and to pay the August payment by card and then from 1st September 2009 to pay by direct debit.

We have also attached recent corespondance from the DWP to show how the same info was repeatedly requested even though it was given to them on first request and to show what we are now in receipt of, to show how we will keep to the proposed repayment plan. Budget sheet as done with help from the National Debtline is also attached."

 

thanks

kay

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OK, when you get a date for the hearing we will put together a statement for you to take to court. Make sure you have proof of any payments you have made.

 

Ellx


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thanks.....but looking at the n244 i ticked the box on q5 ("how do you want this application dealt with?") for without a hearing.........thats what a friend told me to do, he is training to be a lawyer, so i took his advice.......is this a problem?

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Ermm, it's best to go in front of a judge in these cases - if you tick "without a hearing" you'll have no idea what is being agreed until you are notified :( No wonder you haven't been advised of a date!

 

My advice would be to ring the court on Monday morning - tell them you've just realised you ticked the wrong box! see if they will give you a hearing date.

 

With respect, I think your friend needs a bit more training - he's not the one with an eviction notice!


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