2005 NR SPO - payments missed now Bailiffs Possession warrant - **WON NEW SPO**

[MrZ]

In 2005 Northern Rock applied for a possession order due to mortgage arrears. The court ordered a suspended possession order, provided regular payments (no additional amount toward arrears) were made. These payments were made, and 9 months later NR capitalised the arrears. This order was issued for 6 years, which is set to expire in April 2011.

 

In the last 18 months, payments have been missed resulting in arrears.

 

In October, I received notice from NR as well as Optima legal services, that an application for a bailiffs warrant had been made to the courts.

 

I immediately contacted NR and tried to resolve the issue. A financial statement was submitted and an offer to pay an additional 70.00 monthly toward the arrears. Every offer was refused by NR, who are insisting on a lump sum toward the arrears (roughly 3000.00). I stated this lump sum would not be possible, as it would have to be borrowed, and repaying that loan would require not paying some other priority expense such as electric, food etc., and reiterated the offer of 70.00 additional monthly. Again this was refused.

 

To date there has been no notice of eviction, and no date given. I have spoken to the bailiffs department, and they advised that if the application had just been made, a possession date would not likely be given until the first of next year, Jan 2011. At which time I can apply to the court to suspend and allow time to pay according to my offer.

 

I would like to know if there is anything I can do meanwhile to protect the property. I intend to make the additional payment anyway, regardless of the fact NR have not officially accepted this offer.

 

Do I have any other options? The property also has 2 secured loans against it, which are current. In the current markets, the equity is approximately 7000.00.

 

I have a plan to get out from under the debt against the property, but this requires that I keep the property for the next 18 months, at which point I am happy to sell if need be.

 

If anyone can offer any advice regarding this situation, I would be very grateful.

 

 

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Today 23 Nov 2010 the eviction date has been given. It is 7 December 2010 at 8 a.m.

[MrZ]

the date has been given.

 

I know I need to do an N244, and I could really use some help with this. I have sent an SAR to Northern Rock, but this will not come in time for any court date.

 

They are adding fees to the arrears.

I wish to dispute this.

 

Also as in the original post, I am able to pay the monthly amount with an additional 75.00 toward the arrears.

 

I want this to be included in my defence, as I would hope a judge would se reason.

Also they are 3 children living in the house, ages 7, 3 and 2.

 

Any help would be so greatly appreciated.

[sillygirl1]

SARing them is wrong, as it is now under a court order they need to have a CPR request for the data...

[newstarter]

Hi there mr z firstly is the mortgage in your name only or jointly owned?

[MrZ]

How does one do this? Sorry I probably should do some more research for the answer but I am in a bit of a head spin right now.

[newstarter]

sillygirls right mrz,although at the moment a sars would not make any difference anyway we need to do an n244 and income and expenditure for you to take into the court asap.

[MrZ]

 

The mortgage is solely in my name.

 

I have the income and expenditure completed. I have one of my own, as well as one from CCS. The info is the same, the formats are slightly different.

[newstarter]

right can you download an n244 form,just google that in your search box when you have downloaded the form and printed it off we can go through it,ok

[MrZ]

Already done. I cant believe NR are being so stubborn. They know I cant pay a lump sum. But they have gone over the income and expenditure with me and agree that I can pay the monthly plus and additonal toward the arrears. The just wont accept that offer. I should note I have been employed at the same firm for 15 years. I have reliable income. I got into this mess because of an ex who ran up huge debts and then absconded. I am left with paying that debt, so unavoidably I missed some payments.

 

I had been robbing Peter to pay Paul, trying to keep everyone happy, but have since stopped that and am concentrating on the highest priorities. But Still NR wont budge.

[newstarter]

Thats right ,priority debts first northern rock are known for their aggressive repo policy ok have you got the form in front of you we will go through it and get it filled in now?

[MrZ]

I have another question if anyone knows the answer....

 

I have the mortgage with Northern Rock.

I also have 2 secured loans, one with Welcome, and the other with London Scottish.

 

I have been paying roughly 400.00 monthly total to the second and third charges.

 

I have requested a reduced payment from them, for a short term, in order to bring the mortgage current.

 

They both refused.

 

Can I stop their direct debits, set up a standing order for say 20.00 each and use the surplus to pay the arrears with NR?

Would a judge look at this favourably?

 

Yes I do. I have it right here.

[newstarter]

I cannot see the point in defaulting on secured debts this brings more problems not less anyway you would be almost admitting to a judge your robbing peter to pay paul which wouldnt go down well.

 

Right here we go top left hand corner of your form,you need to put the name of your local county court,the lenders claim number,the warrent number,the claimants name (your lender,northern rock) the defendants name (you) and todays date.

 

sorry top right.

[MrZ]

Fair enough.

That bring me back to my original position then.

 

I can pay the regularly monthly, plus an additional 75.00 toward arrears.

 

Which would mean that the arrears would be paid in 6 years, which is half of the remaining term.

 

This seems very reasonable to me.

 

However because of a suspended order dated back to 2005, NR have gone straight for the repo.

 

What is a judge likely to find given hat technically the suspended order was broken...albeit 5 years later?

 

Ok. Done

[newstarter]

right question 1 full name,then question two just tick box marked defendant.

[MrZ]

ok. Done

[newstarter]

right question 3 you are asking the court to set aside an eviction order for december the 7th on the grounds that you are in secure employment and can pay the arrears and have made an offer of payment which you believe to be realistic,you can pay off the arrears in a reasonable period of time and are willing and in a financial position to do so.

 

2ND point you also believe unfair charges have been added to the arrears figureand that this has artificially inflated the up to date arrears figure.

[MrZ]

Got it.

 

Ok to make this bullet points in q 3?

[newstarter]

yes

[MrZ]

 

Ok. Done

[newstarter]

right question 5 tick box at a hearing

 

question 6, 10 minuites

[MrZ]

6 and 7 done

[newstarter]

q8 county court judge

 

q9 Northern Rock

[MrZ]

8 and 9 done

[newstarter]

Right q10 is important,tick evidence set out in the box below

[MrZ]

done