Suspended Repossession Order - agreement broken, new eviction date. URGENT HELP/ADVICE NEEDED!!!

[Miles Robson]

Below is my Section 10 statement on the N244 form.

 

Can anyone offer any more advise?

I am applying for a suspension of the Warrant of Eviction as detailed on the N244 Form, for the reasons outlines below.

On September 30th 2010 I submitted a payment plan and letter (both drawn up by my brothe to Mortgage Agency Services Number 4 Ltd (MAS) for the reduction of the outstanding arrears on the above mortgage account. (Copy enclosed). At this time the arrears stood at £ 4375.63. The payment plan was for six monthly instalments, each of £1300.00 commencing on October 31stst 2011. 2010 and ending on March 31

The plan was calculated on the basis that the Mortgage subscription element would remain unchanged at £617.88 throughout the six month period. With each £1300.00 payment therefore, £682.12 would go directly to reducing the arrears.

In addition to the plan I also submitted to MAS an Income/Expenditure form and supporting documentation.

My brother’s involvement in this is important, as he would be providing additional funds for the duration of the plan to ensure its successful completion. The payment plan was agreed with MAS over a six month period and was enabled because my brother would be making a financial contribution to the household budget. This represents a significant change in my ability to pay the arrears and a significant change, therefore, in my financial circumstances relative to the time during which the arrears were accrued and former repayment plans not adhered.

On October 11th 2010 I received a letter from MAS in which they agreed to the plan. (Copy enclosed).

The first payment date scheduled was October 31st 2010, a Sunday. My brother’s salary had not been paid in to his bank account on the previous Friday until later in the evening, thus eliminating the possibility of a payment on that day. In retrospect it would have been beneficial to all parties for me to have brought this to the attention of MAS on the 31st October, but I did not as I knew the payment would be made as soon as possible the following week.

In the event, my brother called at 9am on November 2nd 2010 to make the first payment. He was told, by a MAS employee, Mr. XXXXXX, that because the agreed payment plan had been broken the account was now being sent back to MAS’ solicitors for them to enforce the eviction order.

The non payment on October 31st was an unfortunate anomaly and not evidence of any inability to adhere to the new plan. Indeed, £1300.00 has been paid on November 3rd 2010, the same amount as had been agreed and would have been paid on November 2nd. (my brother wished to discuss with me if I wanted to continue with the payment plan and hence delayed the payment until November 3rd).

MAS have told me of their plan to pursue for the full outstanding arrears (now standing at £3642.47 as at 14.00 November 3rd 2010) and to enforce the eviction and repossession should payment not be made prior to the eviction date.

I have discussed a new plan with MAS in which the full arrears are paid off by the end of December 2010 and they have informed me that they are unwilling to suspend any action already commenced. I have sent a copy of this revised plan to MAS for their file.

Below is the revised payment schedule which allows for the full arrears to be cleared by no later than 31st December 2010.

I am asking for the Court to recognise that:

1) I am making every reasonable effort to clear all arrears and have been increasing the amounts paid since July 2010

2) That my circumstances have changed significantly since the arrears were accrued

3) That the missed payment on October 31st was anomalous and unfortunate and not evidence of a lack of ability or willingness to pay. (As witnessed by the phone call on November 2nd to make the payment, and the actual payment of £1300.00 on November 3rd)

4) That the amount of the arrears as of the date of the hearing is already significantly reduced, ahead of the payment plan agreed by MAS on October 11th 2010 and in accordance with the schedule.

5) That between July 19th 2010 and November 3rd 2010 (date of writing) the total paid on the account is £ 3550.00 against monthly mortgage subscription during the same period of £ 3089.40, producing a contribution to the reduction of the arrears of £ 460.60.

6) That the plan outline below is realistic and achievable and will bring this matter to a satisfactory and reasonable conclusion in relatively short time, well in advance of the original agreed plan

Accordingly, I respectfully ask that enforcement of the warrant of eviction is suspended.

 

Date

Payment

Monthly Mortgage Subscription

Arrears Balance

£3,342.47

04/11/2010

£200.00

£3,142.47

08/11/2010

£150.00

£2,992.47

11/11/2010

£150.00

£2,842.47

15/11/2010

£150.00

£2,692.47

22/11/2010

£200.00

£2,492.47

30/11/2010

£1,000.00

£1,492.47

01/12/2010

£617.88

£2,110.35

02/12/2010

£100.00

£2,010.35

06/12/2010

£150.00

£1,860.35

09/12/2010

£150.00

£1,710.35

13/12/2010

£100.00

£1,610.35

16/12/2010

£150.00

£1,460.35

20/12/2010

£150.00

£1,310.35

23/12/2010

£150.00

£1,160.35

31/12/2010

£1,160.35

£0.00

01/01/2011

£617.88

£617.88

£0.00

Is there anything else I need to do?

Does anyone know if the Judge is likely to look favourably on my repayment plan? It is realisitc and affordable.

Do I need to take anything else to the court?

I feel that MAS have been unreasonable in this, I only missed the payment date for the first payment by 36 hours!

PLEASE HELP

Thank you so much.