Repossession Order - Paragon 2nd Charge

[Lolly68]

Hiya, I wondered if someone can give me some advice. I have been in hospital for the past six months and got behind on my mortgage and my secured loan. My mortgage company (Birmingham Midshires) are very understanding and have let me pay off the arrears on top of my mortgage payment. However, Paragon have issued a repossession order whereby I have to go to court and state my case as to why I should not have my home repossessed. I owe £942.00. I missed about 6 months of payments previously but have made six month consecutive payments. I wrote to them back in March stating I was in hospital and would contact them when I got out. They ignored me.

 

I phoned them today to offer £100 on top of my monthly payment of £158 and the girl said I would have to pay £615 to stop repossession. I just have not got this sort of money at the moment. She said she would speak to her manager and get back to me. The thing I want to know is I thought they had to accept some sort of payment plan if one is offered? Or am I wrong?

 

Any comments gratefully received.

 

Thanks.

[letsdothis]

Hi Lolly

 

You have come to the right place for help.

 

If they do not accept your offer of £100 per month, then they are being unreasonable in my opinion.

 

I would have thought, because your arrears of £942.00 is not a significant amount, they would be very foolish to go to court. You are offering them the monthly payment plus £100 per month, which in reality would mean that they were cleared in 9 and a half months.

 

I would even bet that if they took you to court, that the Judge would side with you and order that amount anyway.

[Lolly68]

Hi Lolly

 

You have come to the right place for help.

 

If they do not accept your offer of £100 per month, then they are being unreasonable in my opinion.

 

I would have thought, because your arrears of £942.00 is not a significant amount, they would be very foolish to go to court. You are offering them the monthly payment plus £100 per month, which in reality would mean that they were cleared in 9 and a half months.

 

I would even bet that if they took you to court, that the Judge would side with you and order that amount anyway.

 

Thank you for responding. Do you think that I should write to them offering it in writing as well? At least then the Judge would see that I had offered that amount. My payment is due on the 21st of the month so do you think I should pay them the extra then as well?

[letsdothis]

Do you think that I should write to them offering it in writing as well? At least then the Judge would see that I had offered that amount.

 

Yes, then you can show the Judge that you have tried to sort it out without having to go to court. Make sure you send it recorded delivery so you can prove that they have received it.

 

My payment is due on the 21st of the month so do you think I should pay them the extra then as well?

 

Yes - But if you have the £100 now, why not pay it over the phone and then you would only owe £842.00 by the time they take any action. As long as you doing your level best to sort the arrears out, you are making then look like ogres.

 

Whilst you are paying this £100 by telephone, you could try and negotiate for them to accept your arrangement.

 

Does the £942.00 include any kind of charges, for late payments etc?

 

If so you could write asking them to refund them, or at least let the Judge know if you do go to court, that the amount they are claiming includes these charges.

 

I wouldn't hit them with the charges yet, until the agreement for repayment is made though.

[Lolly68]

Yes, then you can show the Judge that you have tried to sort it out without having to go to court. Make sure you send it recorded delivery so you can prove that they have received it.

 

 

 

Yes - But if you have the £100 now, why not pay it over the phone and then you would only owe £842.00 by the time they take any action. As long as you doing your level best to sort the arrears out, you are making then look like ogres.

 

Whilst you are paying this £100 by telephone, you could try and negotiate for them to accept your arrangement.

 

Does the £942.00 include any kind of charges, for late payments etc?

 

If so you could write asking them to refund them, or at least let the Judge know if you do go to court, that the amount they are claiming includes these charges.

 

I wouldn't hit them with the charges yet, until the agreement for repayment is made though.

 

The thing is I have lack of funds until I get paid on the 21st (which is still 10days before the hearing date). I think it includes all sorts of charges. I will have a look at the paperwork when I get home. I will send them a letter and hopefully they will reconsider...

[letsdothis]

The thing is I have lack of funds until I get paid on the 21st (which is still 10days before the hearing date). I think it includes all sorts of charges. I will have a look at the paperwork when I get home. I will send them a letter and hopefully they will reconsider...

 

OK - Send the letter, make the monthly payment and the extra £100 when you get paid, that way you are showing determination to tackle the problem.

 

Even if they don't accept and they do take you to court, you won't lose your home. Try not to worry, easier said then done I know, but you will get all the help and advice that you need on here.

 

As long as you can afford your normal mortgage payment, plus the loan payment, and a chunk off the arrears, and can prove this to the Judge, he / she will make an order that you can pay the arrears at a rate that you can afford. There is case law, that can spread the arrears over the remaining term of your mortgage.

 

Ell-enn will probably pop up in here very soon to help you out, if you need any help.

[Lolly68]

OK - Send the letter, make the monthly payment and the extra £100 when you get paid, that way you are showing determination to tackle the problem.

 

Even if they don't accept and they do take you to court, you won't lose your home. Try not to worry, easier said then done I know, but you will get all the help and advice that you need on here.

 

As long as you can afford your normal mortgage payment, plus the loan payment, and a chunk off the arrears, and can prove this to the Judge, he / she will make an order that you can pay the arrears at a rate that you can afford. There is case law, that can spread the arrears over the remaining term of your mortgage.

 

Ell-enn will probably pop up in here very soon to help you out, if you need any help.

 

Right I have faxed the offer to them and also sent it my recorded delivery. Thank you!

[letsdothis]

Right I have faxed the offer to them and also sent it my recorded delivery. Thank you!

 

No worries.

 

Once you find time, have a look at any charges that they have imposed and see if they are included in that arrears figure.

 

If any are for late payments or arrears management etc then they are unlawful so to speak. So for example if £300 charges are included in the £942.00 then your arrears are only actually £642.00 and not the £942.00

 

This is something Ell-enn can then add to any statement / N244 that may be required if they do not accept and you have to attend court.