Possession claim - URGENT

[rneminton]

I have a mortgage with SPML / Capstone on a property that I rent out. The mortgage is on a residential basis as I lived there when I took out the mortgage.

 

I bought a new house with my husband and the sale fell through on the other house at the same time house prices started to fall. Ended up letting it out. Wrote to the mortgage company to tell them, they never responded. Spoke to them many times on the phone and mentioned it was let out too.

 

My husband left me 8 months ago and the house that I live in is being repossessed on Monday. I am happy to let this happen as I can;t afford to live here. I'm moving back in with my mum and that ok with me. I will move back and live in the other house in 8 months when the tenancy is up to the guy I let it out too.

 

I have £2,000 arrears on the other house and as money has been so tight on one wage since my husband left I didn't make a payment last month and had to use the rent money to live on. It's alreay under a suspended court order.

 

The payment should be £300 pm. I agreed at the first hearing (which I didn't attend, I rang the lender and agreed a pament plan before the hearing) an additional £200. I fell behing one month and agreed a new payment of £600. I paid only £300 last month and nothing so far this month. I wrote to SPML / Capstone and asked them them to reduce to £450 which the rent will cover in full. I sent an income and expenditure and they rang me to decline my offer.

 

My tenant called me today to say he has received a hand delivered warrant of possession. There is no date mentioned which I found strange. I am going to complete an N244 and take it to the court and ask the judge to suspend based on my offer of £450.

 

I'm worried that the lender will try and say I didn't get their permission to let it out (which they have more or less told me they'll say by phone). Technically this is true but I have informed them in writing and by phone on numerous occasions, they still haven't technically granted permission for it. I am in a better position moving in with my mum but I am self employed and income is inconsitent so I can't guarantee I can make the payments. Hence the offer of £450 which the rent will pay for.

 

Please help

[Ell-enn]

Is the normal monthly payment £300? if so, and you are offering to pay £450 then you will be paying £150 towards the arrears each month - is this correct?

 

Do you need help with the N244 ? i.e. the statement for Q.10 of the form?

[rneminton]

Yes the normal monthly payment is £300 and I am offering to pay an additional £150 taking the new monthly payment to £450 instead of the £600 they want.

 

I think I should be ok with filling in the N244, I've seen a few examples, thank you though.

[Ell-enn]

OK, don't forget to use the Norgan case law and Administration of Justice Act. You should find a few examples of Q.10 statements in the Repo forum.

[rneminton]

Ok, maybe I do need help, that means nothing to me

[Ell-enn]

Have a read of this thread http://www.consumeractiongroup.co.uk/forum/home-repossessions/258685-eviction-order.html

 

There is an example of a statement for Q10, budget sheet etc and instructions for completing the form.

 

The Norgan case law gives the judge the power to order that the arrears can be paid over a long period of time - even over the remaining life of the mortgage if necessary (in extreme cases).

 

You need to see the warrant that your tenant got to check what date eviction is for in case it is within the next couple of days, in which case you need to get the N244 to court tomorrow.

 

If you need any help at all, just shout.

 

Ell

[rneminton]

Thanks again, I will pick it up from him tomorrow and check it for a date. Will also have a read through the link before completing the N244.

[rneminton]

Spoke to SPML / Capstone this morning. They advised it was a notice of eviction and no date has been set as yet. this is with the court to work and timeframe depends on how busy that court is.

 

When I told them I felt my only option was to take this back to court they tried to persuade me otherwise. They said my total arrears inclusing this months payment is £1530.00 and I could either pay it all or make a lump sum offer and they would then be more likely to make an arrangement with me.

 

They said that if I did go to court and the judge dismissed it (as I have had 2 eviction notices before) then I would have no option to try and reach an arrangement with them as this would then b too late.

 

I will probably have the full amount of money by next Friday which they are happy to wait for. Not sure what to do.

[Ell-enn]

Hmm - Capstone don't like having to go to court! Judges don't like them and their paperwork is usually a shambles so they get a roasting from the judge.

 

It's up to you what you decide but your arrears are fairly low in comparison to some cases I deal with so you'd be ok in court. If you decide to pay off the arrears you might want to check if the amount they are claiming contains arrears charges (and it probably will), therefore you don't owe £1,530 at all.

[rneminton]

They have been charging an additional £115 per month for an arrears management charge and an additional £150 per month if it's even a day late.

 

I have writtent o them and complained about these and they have removed only 1 months arrears management charges.

 

I think I may pay the whole arrears as long as I have the money and if not pay as much as I can and take them back to court.

 

Thanks for all of your help.