Eviction Warrant - Mortgages PLC

[Roxy1964]

Ell-enn,

 

Good morning, i have only just joined this site so still finding my way around! I have read somne of your replies though and i would therefore appreciate your advice.

 

Last June i went to court as Mortgages plc were seeking possession due to arrears, i asked for a hearing and the judge granted a suspended possession & agreed to an extra £50 per month towards the arrears. I paid this regularly and because of that in March this year the mortgage company agreed to consolidate the arrears, It was great to see zero arrears i was so relieved, as the rate is much better now too of course. However i then lost my job so no payment could be made at all, i did ring the mortgage company regularly and i filled in an expenditure form that they sent me ( which they said they didnt receive) i was able to tell them that i was due to start a new job in June but unfortunately this was delayed until July ( i started 23.7.2010) i said that i could make a full payment at the end of August plus £50 towards the arrears but they refused. They did an income/expen with me over the phone and said i couldnt afford it ( i can)

I then received a bailiff warrant for possession which is for August 18th. I immediately spoke to both the mortgage co and their solicitors. The solicitors were surprised that the mortgage co would not accept my offer.

I went straight to the court to apply for a hearing using form 244 and a statement saying that i have made an offer to pay with an additional £50 minimum towards arrears ( arrears are £2330) monthly payment is £585. The hearing is this friday

When i had problems last year my monthly payment was £895 but i came to the end of a fixed term last July.

I keep getting letters from their solicitors saying its not to late to talk and make an arrangement but it obviously is!

I have asked my employer for a letter confirming my employment to take with me and i have downloaded a budget sheet of yours from this site to take with me.

What do you think my chances are ? i am so scared i really didn't ever want to be in this situation ever again. I don't want to lose my home over £2,300 ( i know its a lot but its manageable to repay) i am already on interest only as that was the mortgage i took out 3 years ago. Will the judge be able to suspend it again and agree the normal payment plus money towards the arrears or will they repossess i am so scared i cant sleep or eat. I am a widow so it is only my income. I know i can pay this now that i am back in work but i cannot pay the full arrears by Friday which is what they say is the only thing they will accept! I didn't ever want to be in this position again but i am, however am i going to lose my home over £2,300 arrears?

Thank you for your time i hope i haven't rambled too much.

[Ell-enn]

Hi Roxy, I'm sure you won't lose your home. The judge will take into consideration that you paid in accordance with the previous order until you became unemployed. Now you have a new job and can maintain payments again it will be OK and I'm confident the judge will suspend eviction.

 

Can you tell me exactly what you put in Q.10 of the N244 please so I can see if there is anything we need to do before Friday.

 

Also, you say that the arrears are £2,300 - are there any arrears charges included in that figure?

 

Who is the mortgage company ?

[Roxy1964]

Many thanks for your quick reply,

I attached the following as my witness statement:

In June last year I attended court to ask for a suspended possession order as I had arrears on my mortgage, this was granted. I paid my monthly payment plus an additional £50 each month towards my arrears. At the end of March the mortgage company said that they would be able to consolidate my arrears as I had paid regularly. I was over the moon about this as it did not change my monthly payment and I had zero arrears.

Unfortunately in April I was made redundant, along with 18 other very shocked people. I informed Mortgages plc that I did have an offer of a job to start in June, this was unfortunately delayed and I have in fact started the job this week.

I was on benefit from April until last week so I had no spare funds at all to pay towards the mortgage but I knew the job would start soon and I am very relieved to say that I am now employed.

I received a letter from the Solicitors HL Interactive on 20th July stating that they would be seeking possession, I immediately contacted them and they stated that it was not too late to stop the possession. I rang and spoke to Mortgages plc but they said it would still proceed.

I took further advice and I again rang HL interactive today (28th July) and they were surprised that Mortgages plc were not accepting my offer of the normal monthly payment plus a regular payment (minimum £50 towards the arrears)

I have therefore today come to the court to ask for a hearing, I am very frightened, I am a widow and I am scared of losing my home. I am so pleased to have a job and be able to pay the mortgage and work towards having no arrears at all as I find the stress intolerable.

I received a letter (enclosed) on Tuesday 27th July (dated 22nd July) from Mortgages plc stating “It’s not too late to talk” but it obviously is.

Please would the court consider suspending the warrant and allow a hearing to take place for a variation of the suspended possession to enable me to clear these arrears and keep my home as it is my priority now that I am back in work.

yours sincerely.

 

Mortgage co is mortgages plc

Arrears = April to July 4 months @ £585.48 = £2341.92 although they state £2.338.08 for some reason.

 

I have again told them today that i can pay Augusts payment but they refuse to accept anything less than the complete arrears, i am scared to give them a payment now in case i need that money to rent anywhere.

[Ell-enn]

OK, I will do a statement for you to take to court and hand to the judge at the hearing. Can you take a photocopy of the letter from your employer so we can put that with the statement.

 

Try not to worry too much - it will be ok

 

I will move your posts to a new thread so they don't get mixed up with Jojogirly's.

[Roxy1964]

Thank you so much, yes i will take a photocopy of employers letter. Still trying to get used to this site so sorry that i linked to Jojogirly's

 

Thank you for your re-assurance and i will of course let you know what happens on Friday.

[Ell-enn]

Hang on, I haven't affixed the statement for you to take to court yet - I will do it in the next half hour so please make sure you visit this thread before Friday.

[Ell-enn]

Hi there, affixed is the statement to take with you to court for the hearing. You will need to enter the info where there are XXX's at the top (remove the XXX's).

 

I have also affixed an explanation of the Norgan case law & S36 of the Administration of Justice Act I have used in the statement.

 

On the photocopy of the letter from your employers, write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

You will need 3 copies of the signed statement and the letter. Staple each copy of the letter to a copy of the statement (one set for the judge, one for the other side's rep and one for yourself to refer to in court).

 

As it is your application for a hearing the judge will speak to you first, when he/she has finished you should say "Sir/Madam, may I give you up to date information please" and just hand over the statement then pass a copy to the other side's rep.

 

Don't forget to take your copy of the N244 to court with you as well.

 

Any questions just shout.

Roxy statement for court.doc

Cheltenham & Gloucester v Norgan and S.36 Administration of Justice.doc

[Roxy1964]

Thank you i have put my case number and name etc onto the statement, and i will of course do everything you advised.

I am in court lunchtime friday so i will e-mail as soon as i get home. I have everything crossed as the future with this new job was looking good apart from this blow from the mortgage company. Thank you again. The Norgan case is interesting too. Thank you

[Ell-enn]

I look forward to hearing your good news

[Roxy1964]

Ell-enn,

Hooray yippee!!!!

The Judge was livid that the mortgage company had not accepted my offer of paying the full monthly instalment plus £50 per month towards the arrears. She said it was obvious that i had done my utmost to find work and she stated to the mortgage company's representative that bearing in mind that i had proved that i was working and i could maintain the payments ( the mortgage company had sent a debt advisor out to me on Wednesday and he rang them and gave them my offer but again they refused - but charged me for the visit of course) she was not happy about any of it.

So............ she is cancelling the eviction order and suspending the possession. The judge said that she doesn't want to see me in court again, but i was right to ask for a hearing and she wished me well with my new job.

 

Ell-enn thank you so much for all your advice, the duty solicitor noticed that i was well prepared and that is thanks to you. xxxxxxxxx

I feel like a weight has been lifted off my shoulders

Have a great weekend

[Ell-enn]

Fantastic news! well done for being so brave

 

(told you it would be ok)

 

Hope you can now relax and enjoy your home and your new job:)

[Roxy1964]

I will do my utmost to never have to go through it all again, i really hope i don't. To anyone else out there going through all the worry please ask Ell-enn for advice and please follow it.

I will make a donation to this site as soon as i get paid as it has been so important to have the advice and feel i had someone to turn to.

xxxxxx