northern rock reprossession order **SUSPENDED**

[elzerbeth]

hi myself my husband and our 3 year old son have lived in our property since 2004 it is mortgaged by northern rock when we first moved in we were very nieve about what we were getting into and missed several mortgage payment we were taking to court in 2005 and got a suspended order on the mortgage and managed to keep up payments to a degree.in 2006 i unexpectedly fell pregnant and became unemployed in 2007 obviousley with a new baby and only my husbands income coming in we again fell behind with our payments i bnotified northerrn rock of our situation and have kept in regular contact with them at the beging of 2010 we were issued with an eviction notice that i managed to get stoped then my husband was put on short time and our income dropped i again notified northern rock and was told to pay what we could afford and that as long as we made some form of payment we would be ok about 5 mnths ago we were again issued with an eviction order i again contacted them sent bank statement wage slips breakdown of income ect and paid over a £1000 to them to stop eviction was told i needed to maintain regular payments of £350 for 3 mnths and then they would transfer us to an intrest only which was £450 a mnth we agreed to do this payed them mnthy payment and sent back intrest only form we never got the intrest only transfer and our mortgage payments are £599 mnth when ni have spoken to n rock about this they have told me that as long as i make a contribution to mortgage payment each month we would be ok which we have except in november of 2010 on the 4th jan 2011 we recieved another letter of reprossesion of course i rang n rock straight away and was told i needed to make a payment of £599 and a lump sum towards arrears which are £21000 told them we could make regular contractual payments from the 24th of this mnth as i have started working again was told that they would note down but they still want a lump sum towards arrears there is no possible way we can do this we live mnth to mnth when i asked what kind of lump sum they were looking for was told that was up to me they again asked for wage slip ect which i cannot supply mine as i only started working yesterday the 6th and they are asking for 4 off and obviously i will not get them in time before eviction date arrives going through our income with myself working we can do the £599 mnthly payment plus £100 towards arrears. is there anything you could recomend i do i have down loaded the n whatever it is forms and break down of income but i am unsure of how to fill in and what to say ect plus unsure wether a judge would rule in our favour if we do this

i have a 20 mins free consultation with a solicitor next week but obviously after that i would need to pay and i cant really afford to

at the min i am desperate for help and sleep any help you could give would be great

[newstarter]

Hi there Liz sorry to read about your situation but try not to worry too much your at the right place.First off a couple of questions

 

1,when is the eviction date for?

 

2,how much of the 21,000 is charges,if you look hard enough im sure you will find charges,eg late payment fees,arrears fees and so on.?

 

3 have you got anything down in writing from N.R as to why they refused a move to intrest only,and any letters containing that initial offer?

 

4 did you attend the origiinal hearing?

 

5 is your partner working full time again?

 

Lots of questions i know but the more info we have the better,plus anything else you may have forgot,ie letters from N.R any corespondence you have recieved in terms of offers from them,post as much info as you can,dont worry we can help you with this.

[newstarter]

P.S if your being charged monthly fees for being in arrears,it would be a good idea to go through all your back statements and add these up,(pain in the butt i know) but you may be due some money back,secondly have charges been added to the arrears figure?,a lot to do but it could pay dividends in the long run.

[elzerbeth]

hi

1 havent recieved date as yet

2 not sure how much is charges to tell truth

3 no

4 yes i did my husband was at work

5 yes my hubby working normal full time hours again

 

we have had several letters from n rock about going on intrest only but they have never been accept by them once sent back we did try and get a remortgage type of thing with them but again that wasnt succesfull havent had a responce to why this is just told i need to make regular payments which i have been doing atmittedly they are not for full contractual payment but they have had some type of payment from us and like i previously said i have kept in regular contact with them although they donot seem to contact us either by phone or mail very often

[elzerbeth]

we get a mnthly charge of £25 as we are more than 3 mnth in arrears and we have been charged legal fees im not sure i have all my statements from them can i request them from n rock?

[elzerbeth]

not sure wether been added sorry for uncertanty and bad spelling

[elzerbeth]

how do i go about requesting my statements is it best to write or phone?

[elzerbeth]

i do have the letters n rock sent with the offers of the intrest only

[newstarter]

Yes you can and should request statements from them,you seem to be missing some paperwork so i would hit them with a S.A.R request for a start,this is a subject access request ,enclose a 10 pound postal order and in your letter ask for every scrap of information they have on you and your account this will include,

 

statements

 

all corespondence by letter and phone

 

copy of mortgage agreement

 

copy of the deeds

 

you may not get that in time for an n244 hearing but its a dam good place to start,i would get cracking and send the request off to N.R, a.s.a.p,they have 40 days to supply you with this information which is your right under the data protection act.As for the rest of your post,good to see you are both working so there is a change of circumstances,secondly im glad to see you have not recieved a date yet so plenty of time to get your paperwork together,i notice there has been a lack of contact from N.R which must have been unhelpful,but no worries thats something else that can be used in your defence.Now as i said earlier you need to do some number crunching regarding this arrears and any charges added to it.

[newstarter]

P.S dont go trying to pay off lump sums that you cannot afford,dont let them bully you into unrealistic repayment arrangements that you cannot keep,i suspect this to be the case in the past and it has got you nowhere so keep to your plan for now,599 plus 100 off the arrears and start chasing up that paperwork and doing the sums,try not to worry too much,you should be ok and i cannot see you loosing your home.

[elzerbeth]

ok will get typed up tonight and posted first thing by recorded delivery and will try and find previous statements to see if they are adding to arrears with charges

n rock claim to have sent letters but i have not recieved and they claim to ring but have had no calls or messages and i have repeated told them if they ring and i donoyt answert leave msge saying it them and i will call back asap

[elzerbeth]

you are right with the bullying with un realistic ammounts which is why i have been paying what i can when i can which every one advises you do im just worried the judge wont look in our favor as we have been court before and not kept to agrement and the fact that we owe so much inb arears

[newstarter]

Good im glad you have those letters regarding the offer of intrest only,keep those whatever you do we can use these as part of your defence should we need to.

[newstarter]

Your right Liz they will bully you into unrealistic agreements then when you get to court you cannot keep them so we must get it right this time and leave a little money over for the month as a cushion and not skint yourselves to the tune where you cannot keep to an agreement set by the court,step by step we shall get this right,panicking is the worst thing you can do,you will agree to anything if you do that im sure you will be fine.

[elzerbeth]

just found statement from may to december have charges and legal fees totaling 356.10 so yes they are adding to my arrears

[newstarter]

remember try to account for every last penny,from the day you moved in till present day,that lot should keep your mind off things this weekend,oh and get all your paperwork in dated order and put it in a file so every letter is to hand should we need it.

[newstarter]

356!!!!!!! and thats just for 8 months remember you have been in there 6 years work your way back to when you first got into trouble with the payments,im sure there,s more charges.

[newstarter]

Come back to the forum when you have done all the above,you can pm me if need be,above all do not worry,keep a clear head and take this one step at a time.

[Ell-enn]

Hi Elzerbeth, affixed is the mortgage SAR letter you need. Also affixed is the budget sheet we normally use - it calculates automatically as you fill it in - remember that the amount you are offering to pay towards the arrears, is the amount left over after everything else has been accounted for.

 

Let us know when you have done the budget sheet and I will draft a letter for you to send to the lender making your offer of payment, this will help your case when you go to court.

 

When you get a notice of eviction we can help you with the N244 application for a hearing to suspend the eviction.

Mortgage SAR.doc

Budget Sheet.xls

[elzerbeth]

thankyou so much for advice and help i will def come back once again thanks

[Ell-enn]

One more thing - when you send the postal order with the SAR - write on the back of it "fee for Subject Access Request Only" also write your name and address and mortgage account number. Take a photocopy of the front and back of the PO and keep that with a copy of the letter for your records. Check on the royalmail website a few days after posting to print off the signature receipt - keep that safe with the copy letter.

[elzerbeth]

will do thanks again

[elzerbeth]

just doing break down of income it asks for pay before deductions how does this then take into account tax and national insurance that has to come off pay? as the amount im getting left over for creditors isnt the amount id have once tax and insurance is taken out

[elzerbeth]

i am doing the breakdown of income it asks for pay before deductions if this is the case how does it take into consideration the tax and national insurance we pay out because the amount it says we have left over is not correct once tax and insurance has been taken out

[Ell-enn]

In Step 1 (first line) It asks for pay net after deductions - so that is your take home pay