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DEBT NIGHTMARE-that I can't wake up from. PLEASE HELP

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I've spent most of the day reading threads on here to try and get some perspective on my situation and ultimately some help. This is all new to me so please forgive my ignorance, but I don't know where to turn.

 

Well the facts are:-

 

My house is about to be repossessed. -Despite reducing arrears from £14k to £6k in 12 months. My husband lost his job 2 months ago, which has meant we can't continue to reduce down the arrears at this level so they have gone to court for and eviction date.

 

I have been robbing peter to pay paul this last 12 months to be able to pay what the mortgage company wanted which has meant everything else is in default.

 

As I'm self employed (although I actually work for 1 company and get paid commission on my area) it's been a priority to keep my job going and trying to increase my income. This is now suffering as I have cut back to the bone on incentives and expenses (which I need to motivate my area to earn me more money!)

 

I even turnt to Pay day loans (YES I know such a bad idea-but life savers at the time...literally as they put food on the table), but these are now out of control.

 

I can't see any way out or where to start. I am afraid of the post arriving (my husband is on anti-depressant and can't cope with even a gas bill) I hate to answer the phone in case it's another debtor chasig money. I feel constantly sick and I'm starting to make excuses for not going to meetings (which I have to do if I want to keep my job), but I'm so scarred of what I'll come back to. Debt letters and hubby suicidal.

 

 

I have nowhere to turn and don't know where to start to get things organised. I hate not being in control of my life, but with these debts they are controling me. I just want to be able to sleep and night.

 

Please can someone help practical advice.

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hello there, there is a site helper called El-en who can help you with your eviction so please do not worry. If you go to the repossesion thread and ask for her help she is brilliant.

 

I have been in your situation so I do know what you are going through, at this moment in time you will fell sick and panic stricken but there are ways out and you will be free one day.

 

Your priority debts are your mortgage, rates, water rates, gas and electric, evreyone else can go tickle.

 

If you have any loans or credit cards see if they have a signed credit agreement, if they havent, not your debt. If you have any payment protection insurance on any of your debts see if you can claim it back. Any charges you have from credit cards, catologues etc, claim them back too.

 

I think you can offer token payments of £1 a month to any creditor who is not a priority until you get yourself sorted out. I would make an appoitment to see someone at the C A B.

 

First thing though is to get your house sorted, please contact El-en on reposesions thread a s a p

 

Take Care

 

Hils

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Hi there, you are certainly having a stressful time at the moment aren't you. However you have come to the right place for support and advice as there are many on this site who have been (or are) in the same position as you. So, let's see what can be done to help.

 

Firstly - re the payday loans. I'm assuming these payday companies have your debit card details to take payments from your account? Tomorrow morning you need to contact your bank and report your card lost or stolen - this means that when they next try to take a payment it shouldn't go through the bank will issue you with a new card and number. Get that done and we'll deal with the payday companies when your payments are due.

 

Secondly, complete the affixed budget sheet (it calculates automatically for you). Your priority is mortgage, council tax, electricity, gas & water rates. If you have unsecured debt you can write to them (we will give you the letter) offering nominal monthly payments while you clear your mortgage arrears. List those debts in the last part of the budget sheet. If you need me to look it over you can send it to me at Ell-enn@consumeractiongroup.co.uk.

 

As you have received an eviction warrant you need to enter an N244 form at court to ask for a hearing to suspend eviction. We will need to send in the budget sheet with that so when we have finalised it, I can then start to help you with the form and the statement to go with it.

 

Who is the lender?

Do you have an up to date statement from them, does it show arrears charges added to the account?

 

Try to stay positive, there is a lot to be done, but we'll help you through it :-)

 

Ell

Budget Sheet.xls


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Thanks Ellen

 

I'll get to wok as soon as I get home from my meetings tomorow.

 

I finally don't feel so alone x

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Sorry

 

Forgot to answer your question. My lender is Capstone Mortgages, but The mortgage staements come from SPML. I have got statements from them as they issue them every 3 months.

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Hi there, firstly - did you contact the bank re your card so the payday loan companies can't take the payments?

 

On the SPML statements are there arrears charges shown?

 

Is the mortgage in joint names?

 

Are there any dependent children living at home?


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I have contacted my bank and reported my cards lost (for my joint account).

On the SMPL statements they show:-

monthly litigation fees £115 every month and interest on the arrears every month

The mortgage is in joint names

and both our children live at home, (aged 20 & 22). Don't know whether it's relevant, but my son hasn't been able to contribute much over the last 3 months as he had a serious operation (and the recovery time is about 4 months) which has meant he's only been getting sick pay. And my daughter (who spent 2 years at college-just qualified) and is struggling to get a job.(she is only earning about £50 per week from a part-time job)

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OK, On the statements from SPML circle all the £115 charges and add them up at the bottom of the page (s) then let me know the total. We will use this information in your defence.

 

Do you have a printer at home? are you able to photocopy on it?


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I've got a printer and can photocopy. I have to get together all the SPML statements as they send out every 3 months. Will do that now

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Hi, is that the total of the £115 charges ?


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Are those charges labelled Litigation or Arrears charges?


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The £115 shows as Litigation management fees = £805

 

However, going back to the staement to 2006, they have also charged us 12 x £50 for Arrears management fees (£600)

 

AND another £60 for an administration fee !!

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How much are they claiming your arrears are?

 

Can you stay on the thread please - just refresh the screen by pressing F5 that way we can answer each other more quickly.


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Sorry.

 

Arrears as of today are £6974.70. I do have this months payment to go off to them (the one concession they made was to allow me to change my payment day to the 15th)

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Do you agree that the arrears figure is right? or do you think those charges have been added to it?

How do you make your payments?


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To be honest, I really don't know. In April 2009 they said the arrears were £13900, and I was so panic'd at the time with the fact that they had a repossession order, I phoned them and agreed to pay the extra £600 a month that they were asking off of the arrears. I never questioned that figure in the first place as I was so scared they would say no and take the house. It looks like any charges they add on-they capitalise them

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I make my payments either by bank transfer or by debit card over the phone (if my money is late going in and were close to when it should be paid)

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OK, we'll assume that charges have been added into the arrears, it's typical of Capstone to do that.

 

Now we can get on with the N244 form - I have affixed one to this post

I am just finishing writing the statement for Q.10 of the form and will affix to the next post. In the meantime you should complete the form - these are the instructions:

1. Your names

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except We Believe

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

n244_0400.pdf


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Affixed is the statement for Q.10 of the form. You need to enter the info at the top where there are XXX's (remove the XXX's) - the info you need will be on the eviction notice. Read through the rest of the statement and put the relevant info where there are other XXX's.

 

When you print it out make sure your printer is set for A4 paper (not Letter size), so it all stays on one page.

 

On the budget sheet - write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Now assemble as follows:

 

N244 form - signed

Statement - signed

Appendix 1 - budget sheet

 

This forms your pack to take to court. Take a photocopy of it all before stapling securely, so you have a second set for yourselves to refer to in court.

 

When you take it to the court you will need to pay a fee of £35.00 you'll have to take cash as they don't accept card payment - you can't pay by cheque either as they need to wait for it to clear before giving a hearing date and you don't have time for that. They should be able to give you a hearing date while you wait - hopefully it will be Monday.

 

You will notice that in the statement I have referred to the Cheltenham & Gloucester v Norgan case law - this gives the judge the power to allow payment of the arrears over a long period of time - as lenders often want arrears paid off quickly and it's just not possible in most cases. So this case law is very important to your case.

 

Any questions, just shout.

 

Ell

Headacheallday N244 statement.doc


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Ellen

 

I have to pop out to take mother-in law to work. I'll be back by 10.15

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Just got your reply and will read when I get back. I really can't thank you enough. There are "angels" on earth (if you are lucky enough to find them-like I've been)

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Hi Ellen

 

Do I need to take any other documents with me when I file the n244 and on the day of the hearing ? ie proof of income, bills etc

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