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Repossession Process Started - Please Help!


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Hi There,

 

What a relief to find this forum. Hadn't slept for days until i started reading the posts and the help people have been giving!

 

Unfortunately, I find myself in a similar position. I have failed to pay a number of mortgage payments to RBS and they have appointed Shoosmiths to take posession of my house.

 

I live alone, currently unemployed and claiming Job Seekers Allowance. The house is worth approximately £230k and I have a mortgage of £100k. I have already dropped down to paying interest only of £312 a month but have missed quite a few payments recently. I believe my arrears are around £2500.

 

Before Xmas Shoosmiths applied to the court to start repossession. I received a lot of paperwork from the court relating to this. I did however manage to negotiate with Shoosmiths that if I paid an additional £100 a month they would suspend the court process.

 

Unfortunately, I haven't managed to keep to this arrangement and I received a letter last week saying they were applying to reopen the court proceedings. I then received a letter from the court saying that the "possession hearing has been restored to Thursday 3/3/2011.

 

The good thing is that I have never got around to claiming assistance with my mortgage interest payments and I think that if I get this sorted out I should be able to maintain the mortgage until I manage to secure employment.

 

Can anyone give me advice on what I must do now please?

 

I still have the original paperwork that the court sent. Should I start filling this out now?

 

Im lost what I should do and could really do with some help?

 

Thanks

 

Trev

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Hi there, you will need to submit the N11M defence form and I can help you write a statement to go with Q27 of the form. We have plenty of time to do this as you can hand the form into court around 14 days before the hearing date.

 

In the meantime you should get the ball rolling (today if possible, as these things can take time) regarding help with your mortgage interest payment so that we can show the judge that you have that in progress.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi there, I have affixed a budget sheet for you to complete so you can see exactly what you can afford. When the forms arrive for the mortgage assistance make sure you take a photocopy of them once you have completed them and if you have to post them anywhere you should do so by recorded delivery so you can prove they have been received.

Budget Sheet.xls

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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  • 1 year later...

Help!

 

Im in court today at 3pm with RBS taking me to court for £4k arrears.

 

The thing is that I haven't missed a payment in over 12 months. These arrears are froma few years ago.

 

As soon as I had the solicitor letter saying that it was going to court I rang up and agreed to repay and additional £50 a month towards the arrears. Which they accepted.

 

But, they have written to me saying that they are still going to ask the court for a suspended possesion order.

 

Can I fight this?

 

Any help would be very much appreciated.

 

Thanks

 

Trev

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I have a suspended possesion order, the one thing I asked the judge to write into the order was that 'no application for sale may be made providing the defendant make £xx payment per month' this at least secures your property.

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Can you explain a little more about how that can work for me please?

 

I am currently paying £313.10 a month and now the additional £50 a month to cover the arrears...

 

What would you suggest I say?

 

Any help would be very much appreciated as im in court in 3 hours :(

 

Thanks

 

Trev

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Once the suspended possesion order is granted you just ask the judge if he would write on the order that provided all contractual monthly payments plus £50 are made there can be no application for sale from the claimant. I see no reason why the judge wouldn't do this as they are not keen on houses being reposessed. Good luck

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You'll have been to court by now - but the 'advice' you were given above is wrong.

 

A suspended possession order doesn't require any further detail for the judge to say 'no order for sale unless' - that would be for a charging order, not for a repossession hearing. An SPO for a repossession would state you pay CMI plus X towards the arrears. If you don't pay it, the mortgagee could execute the warrant for possession. Once they have possession they can sell - they don't need any further permission from the judge to do so.

 

Hopefully you will have received some assistance in court and you have managed to get at worst, an SPO, and at best an adjournment on terms.

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  • 4 weeks later...

By quoting to the court the 'Cheltenham and Glouscester v Norgan' the repayment of the arrears can be spread if you so wish over the remaining term. No judge in the land will disrespect this if this case is mention in any hearing. So as long as your £50 a month will pay the arrears within the terms of your mortgage term remaining then you should not have a problem.

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Tuttsi, Norgan is a starting point, not the be all and end all. The repayment must be reasonable - and the court will decide if that is the case or not.

 

For example, in another thread you mentioned someone's Norgan compliant figure was around 14 quid, but if that person can afford 75 quid, then the court will order them to pay 75, not 14. That is because 14 is not reasonable in the circumstances.

 

So whilst a judge will consider a Norgan compliant offer, he/she will consider it in conjunction with reasonableness and affordability.

 

It is important that you don't give people false hope - sometimes even a Norgan compliant figure isn't acceptable due to other external factors - e.g. negative equity, interest only loans where no repayment vehicle is available, prior failure to pay low Norgan compliant figures, and so forth.

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  • 3 weeks later...
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