eviction date for 11.00 Monday 29th Nov 10

[anthonyleeds]

Hi Please Help

 

We are a married couple age 41 and 37 with two young children aged 5 and 7 we have been through extreme financial hardship stemming from last year when the industry I work in took a downturn and I lost my regular overtime, then my father became terminally ill with cancer and I had to take extended unpaid leave to nurse him then time off for funerals bereavement etc. The upshot of this is that our mortgage provider has moved to repossess us on three occasions over the past 2 years but we've always managed to pay the arrears in time. However we have gone behind with our mortgage payments again and once again Redstone have used the suspended repossession order they have against us and we have an eviction date for 11.00 monday 29th Nov, we have tried to co operate with Redstone but they keep moving the goal posts and have now applied legal charges and other fee's to the arrears. I understand that by using a N244 form that we can ask a judge to interject but have no idea how to go about it at this late stage.

 

Any help would be massively appreciated.

 

Tony

[newstarter]

Hi there first off how much are you in arrears ?,how long is mortgage over ? and how long has it left to run ?,you say you have a suspended repo order on the mortgage can you tell me the terms on which it was suspended? we will need some of this information A.S.A.P for the statement to acompany the N244 form,we need to act fast,today if possible.Redstones are a nasty peice of work but all is not lost and if we act quickly you should be okay.

[newstarter]

Forget the charges at the moment we can deal with those later we need that n244 and income and expenditure sheet along with a witness statement handed in to your local county court today if possible.

[newstarter]

Just one other question,when did you recieve the warrant ?

[anthonyleeds]

earliest i will be able to get anything to court is tomorrow am .

[newstarter]

Thats pushing it slightly but ok please give me the info i have asked for then we will get started on the forms.

[anthonyleeds]

We have an appointment scheduled with leeds city council mortgage unit to see if mortgage rescue is an option and have also put a proposal to Redstone where they get paid an weekly amount direct from my work to cover the mortgage and an arrears amount which has been backed up with a letter from work which they are considering but i think that they're stalling.

[newstarter]

Yes theyt are stalling,right that information helps what i need now are some figures,ie arrears, mortgage payment amount and can you afford to pay the monthly mortgage and some towards the arrears each month and if so how much?

[anthonyleeds]

notice of eviction dated 28th october 2010, we have been in regular contact with Redstone with numerous proposals since which initially they seem to be favourable about then dismiss after we have spent time and effort on them ie. putting house on market, lump sum payments, etc. initial repo order was Jan 2009 but we paid arrears to stop it. mortgage is for 3 years into 25 term interest only.

[dx100uk]

duplicate thread removed

use this one

 

dx

siteteam

[newstarter]

P.S i know im asking a lot of questions here but the more information i have the better,we have got all day if need be to get this sorted.

[newstarter]

thanks dx

[anthonyleeds]

mortgage payment is about 880 but i will confirm exact amount, arrears they are asking for is 7015 but a proportion is made up from charges and legal fees, we have offered them 330 paid directly to them weekly.

[newstarter]

right was that 330 extra per month.

[anthonyleeds]

no the 330 would be paid every week so by my calculations 330 x 4.3 = 1419 so an additional 539 per month. in addition to that i am due an end of year production bonus prior to xmas break up of approx 1500 i would be prepared to pay that against arrears aswell.

[newstarter]

Because if you are paying an extra 330 per week that is way way too much.

[anthonyleeds]

the 330 per week represents our mortgage repayment and an additional amount for arrears

[newstarter]

Right, i can see why you have got into this mess now,thanks for all the extra info we now have enough to work with.For a start 539 pounds a month extra is just too much Redstones are bleeding you dry and using the threat of repossession to do it,plus charges added to the arrears figure to artificially inflate that figure so it looks bad in court.Tis is an all to common tactic by lenders,now,200 per month extra sounds about right to me so 880 plus 200 is 1080 per month,could you afford that taking into account all of your incommings,ie salary and so forth.

[anthonyleeds]

i feel that redstones stance is that we've always paid arrears by 11th hour so that's what they expect this time

[anthonyleeds]

yes we could but redstones are currently in possession of a letter from my employer stating that we will pay them the 330 per week

[newstarter]

Forget that we can always say this was done under duress and threats from the lender,dont worry about that,so we have established a figure that you can comfortably pay per month 1080 thats your normal monthly payment plus 200 per month off the arrears would that stretch you finances or would you be able to manage that comfortably?

[anthonyleeds]

yes we would now the problem that we have had recently is that my wife and i were estranged so were living apart however we've now reconciled so the costs of me living seperately no longer apply

[newstarter]

Secondly this weekly payment arrangement has to stop,mortgage payments plus arrears should be paid monthly this gives you time to get the money together over a monthly period and stops larger sums going out on a weekly basis leaving you short of cash.

[anthonyleeds]

they haven't accepted it yet we suggested it yesterday as a 11th hour solution

[newstarter]

Thats good news not only for the both of you but for our n244 app which we will get to later by the way,right what i want you to do now is type out and income and expenditure sheet,i dont know if you have ever done one of these before but its not a problem,i want you to type the heading income and expenditure and down the left hand side list your monthly outgoings,elec gas,water,and so on then on the right hand the amount of each monthly outgoing and of course any credit,when you have done that whatever is left is the amount you can pay off your arrears each month,just make sure for the purposes of the sheet its 200 pound after all other expenses have been accounted for,get on with that now and get back to me as soon as you have done it and printed it off.