Repossession notice received! - **WON - SUSPENDED!**

[Silverado 2011]

I've managed to get myself in a right mess. I was made redundant over 6 months ago and have fallen behind with my mortgage payments. 'Preferred' sought a Possession order which was granted on the 1st December and is due to expire on the 29th December.

 

I'm still unemployed and not receiving any benefits towards my housing costs so the possibilty of making any arrangement with Preferred is zero to none.

 

Obviously this is having a massive impact on my mental state and the thought that once Christmas is done with I could effectively be homeless is devastating.

 

I'm not sure that anything can be done but I thought I'd post here to see if anyone has a pearl of wisdom I could use to delay the Warrant of Eviction as its quite cold to be sleeping in a ditch.

 

Thanks in advance!

 

PS out of curiosity does anyone know how quickly 'A warrant of eviction' is usually issued? By this I mean how quickly i have to vacate the premises after the possession order elapses.

[michellej]

I've managed to get myself in a right mess. I was made redundant over 6 months ago and have fallen behind with my mortgage payments. 'Preferred' sought a Possession order which was granted on the 1st December and is due to expire on the 29th December.

 

I'm still unemployed and not receiving any benefits towards my housing costs so the possibilty of making any arrangement with Preferred is zero to none.

 

Obviously this is having a massive impact on my mental state and the thought that once Christmas is done with I could effectively be homeless is devastating.

 

I'm not sure that anything can be done but I thought I'd post here to see if anyone has a pearl of wisdom I could use to delay the Warrant of Eviction as its quite cold to be sleeping in a ditch.

 

Thanks in advance!

 

PS out of curiosity does anyone know how quickly 'A warrant of eviction' is usually issued? By this I mean how quickly i have to vacate the premises after the possession order elapses.

 

Hi ,.. Sorry to hear about your situation , but think you are on the right road finding this forum ,.. you will need to post up some more information for others to be able to offer help and advice ,.. Eviction is the last resort , and your lenders must only use this as last resort ,.. look forward to hearing more , and hopefully give our advice we recieved as we were in same postion a few weeks back , ,... basically you want more time ,.. to hopefully pull things round , giving yourself more time to address the amount owed ,.. I think your arrears will include charges & interest , and if so , then that is not a true reflection of what is really owed ,.. as only contractually month payments can be added to arrears ,.. so make the amount owed (disputed ,) ,.. I would make a complaint to OFT & FOS ,.. and mention this to lenders and the judge , as whilst in dispute can not force eviction ,.. hopefully this gives you the extra time to get things together , believe you will have about a 12 week wait before you hear back from OFT FOS ,.. hope this helps and lifts the doom and gloom , .. enjoy christmas as lots can be done ,

[Ell-enn]

Hi there, as you are unemployed have you applied for mortgage interest relief?

[michellej]

You are in good hands now with Ell-enn ,.. Merry xmas Ell-enn

[Ell-enn]

You are in good hands now with Ell-enn ,.. Merry xmas Ell-enn

 

Merry Xmas to you too

[Silverado 2011]

Hi there, as you are unemployed have you applied for mortgage interest relief?

 

No, I haven't heard of it.

 

I keep asking at the job centre is theres any help available and I keep getting the same answer that because I own a property as opposed to renting a council house theres nothing for me.

[Ell-enn]

Support for Mortgage Interest Homeowners on certain benefits may be able to get help towards mortgage interest payments called Support for Mortgage Interest (SMI). You should contact your local Jobcentre Plus to discuss this option. However, if you are eligible for Support for Mortgage Interest you will not also be able to access Homeowners Mortgage Support.

You may get help with mortgage interest payments as part of your benefits if you are a homeowner and are eligible for:

 

• Income Support
  
• income-based Jobseeker’s Allowance
  
• income-related Employment and Support Allowance
  
• Pension Credit
  

SMI isn’t available to help you pay:

 

• the amount you borrowed (only the interest on the mortgage is paid)
  
• anything towards insurance policies you have
  
• mortgage arrears
  

You should contact your local Jobcentre Plus to discuss Support for Mortgage Interest.

[Silverado 2011]

Brilliant stuff, I'll do that tomorrow!

 

Thanks.

[Silverado 2011]

I would make a complaint to OFT & FOS ,.. and mention this to lenders and the judge , as whilst in dispute can not force eviction ,.. hopefully this gives you the extra time to get things together , believe you will have about a 12 week wait before you hear back from OFT FOS ,.. hope this helps and lifts the doom and gloom , .. enjoy christmas as lots can be done ,

 

I'd like to get things moving on this as it could buy me a lot of time. Does anyone know how I go about it?

[sillygirl1]

I would contact the courts and let them know that you are in receipt of benefits and that you are waiting on a decision for the mortgage help... they will probably want to issue another date for a hearing, and Preferred should be made to comply by giving you a statement showing the TRUE arrears, its part of the pre-court protocols and they should have done this originally.

 

You can probably also apply for a set aside on the original possession order on the grounds that your circumstances have changed and that the original arrears were incorrect.

 

Ell-enn will be able to advise on the best course to get the judgement overthrown.

[michellej]

yes would dispute arrears , as they will be charges and interest added within the total amount ,.. like I said you can only be in arrears for contractual monthly payments (so amount of missed payments would be your true arrears ) , I would still make a complaint to OFT & FOS , even if it is to gain more time as law states can not be evicted whilst complaint is logged , then you can spend time waiting on agreements and documents , and you will wait ,.. but can see you do not have much time to be chasing everything up now especially as its xmas ,.. can be used as excuse for none complience to requests ,... We were in same situation as yourself 3 weeks back ,.. still here and adjourned till 12th of march ,.. and that gives us the time to address everything and hopefully if our argument fails we have the arrears money to clear the threat ,.. remember you want more time , and after reading endless for 3 weeks I see this as the best route forward ,.. at least you enjoy xmas without worrying or spending it sending off requests for details ,.. it can not hurt to exercise this option ,..

[on*the*case]

Jopea

 

The advice from Ell-enn and sillygirl1 is good, follow it

 

I also have a mortgage with Preferred, and was able to the stop the eviction with the help of Ell-enn.

 

As you now know you have been ordered to give possession on the 29th, Preferred cant take the property without a warrant, they will apply for this on the first available day after the 29th. The court will send you a copy of the warrant with the eviction date (it may be hand delivered by a court bailiff) the date will be anything from 10 days to a couple of weeks after the 29th.

 

When you receive the eviction notice that is the time to apply to the court for it to be stopped. You apply using the N244 form and stating your reasons (you have several, and Ell-enn will help) you will also need to pay £35. The court will give you an appointment before a Judge.

 

Before that time you need to do a couple of things; sort out your application with the Benefit office for help with the mortgage, you wont get any money yet but it is very important that you have documentary evidence of the ongoing application. Tell the benefit office that you are being evicted and need a letter confirming the application.

Secondly, check very carefully the arrears being claimed, your arrears are only the difference between your monthly mortgage payment and what you have actually paid. Preferred will add on loads of charges and claim this as the 'mortgage shortfall' hoping to hoodwink you and the court, so pen paper and calculator so that you can tell the Judge the actual arrears are £xx and not the £xx as claimed by Preferred.

 

Good Luck and remember you will get plenty of support and good advice here, we've been through the same thing.

[michellej]

now now on*the*case ,.. I believe the route you pointed out will be followed , but is they anything wrong with making a complaint ? are they not they to make complaints too? you make it sound if my advice was wrong or intended to do harm , I have pointed out that Jopea is in good hands with Ell-enn ,.. and sure will be advisd best route to take , but for piece of mind whilst head is all over why not take a step (which costs nothing ) in lifting the gloom (as it is xmas) , then can worry about things after xmas , as most offices and businesses will be closing for xmas period ,.. of course read up many posts over xmas to inform yourself and get an understanding of your case ,..

[Silverado 2011]

I went to my Job Centre today and enquired about 'Mortgage interest relief' and lo and behold I've been entitled to it since Week 13 (I'm now on week 27)

 

The MI12 form is being sent to me and I will complete is when its received.

[hilaryfrances]

I hope you can claim the retrospective payments as well, good luck with your case

[michellej]

I went to my Job Centre today and enquired about 'Mortgage interest relief' and lo and behold I've been entitled to it since Week 13 (I'm now on week 27)

 

The MI12 form is being sent to me and I will complete is when its received.

 

Well done good to hear some good news ,..

[Silverado 2011]

Ok so todays the day.

 

I received the MI12 form and will be putting it in the post for Preferred to do their bits.

 

I must say i know its only day 1 but I'm finding it all pretty terrifying. Is there anything I should be doing in the meanwhile.

[Ell-enn]

Hi there, make sure you take a copy of the completed form before posting. Also, send the form to Preferred by either recorded delivery or if you can afford it send by special delivery. Keep the postal receipt with your copy of the form and in a few days check the royalmail website to print off the signature receipt. Keep all this together in a safe place - you may need to produce it in court. Also keep any letters or documents showing your entitlement to the MIR with the above.

 

If Preferred take further action, we can defend in court with the evidence of MIR that you have.

[Silverado 2011]

Thanks Ell-enn again.

 

I was just about to wack it in the post Off to the library then the post office instead.

[Ell-enn]

Also, make sure you have the correct address and department at Preferred, it will be on letters from their legal/collections department.

[Silverado 2011]

Ok so today was the day. I received a notice of eviction for February 9th.

 

I guess its time to submit a N244, looking for help.

[Ell-enn]

Hi there, I can help you if you can be on line this evening?

 

Have you got your copy of the MI12 form - you will need to submit that with the N244 to prove you are awaiting payment from them.

[Silverado 2011]

Oh Blimey, the one thing I forgot to do was photocopy the MI12. I know that Capstone have received it as I've spoken to them about it. How stupid of me yes I will be online tonight.

 

In the meanwhile is there a way I can get a copy from the DWP or something?

 

EDIT: Just spoken to Capstone and they will send me a copy of the MI12 today. They did keep saying scary stuff like there's no way that the repossession could be halted by submission of a MI12 and that the only way to stop it would be an arrangement.

[Ell-enn]

Hi there, make sure you take a copy of the completed form before posting. .

 

I was just about to wack it in the post Off to the library then the post office instead.

 

Oh Blimey, the one thing I forgot to do was photocopy the MI12. I know that Capstone have received it as I've spoken to them about it. How stupid of me yes I will be online tonight.

 

 

In the meanwhile is there a way I can get a copy from the DWP or something?

 

EDIT: Just spoken to Capstone and they will send me a copy of the MI12 today. They did keep saying scary stuff like there's no way that the repossession could be halted by submission of a MI12 and that the only way to stop it would be an arrangement.

 

Let's hope they do what they say (but I wouldn't bet on it!)- you could contact the DWP and ask to get confirmation your claim is in process.

In any case the Civil Justice Council Mortgage arrears protocols state that no action for possession should be progressed if the defendant has an ongoing claim for mortgage interest relief, so Crapstone are talking out of their backsides again!

[Silverado 2011]

Let's hope they do what they say (but I wouldn't bet on it!)- you could contact the DWP and ask to get confirmation your claim is in process.

In any case the Civil Justice Council Mortgage arrears protocols state that no action for possession should be progressed if the defendant has an ongoing claim for mortgage interest relief, so Crapstone are talking out of their backsides again!

 

I rang the DWP first off and they haven't received the form from Capstone yet. I paid for next day delivery on the 29th December and Capstone said that they didnt receive it until well into the new year, I do have the receipt for next day delivery with Capstone on the address but I dont think that'll carry much weight in a court of law.

 

I dont know why I didnt photocopy it, I went to my local library to do it and it was closed so I thought I'll do it at the large one in town. I've no idea why i wouldn't but definitely cant remember doing it, very strange.

 

If I dont receive the copied form from Capstone by Monday I'll call around again. I will get a copy of this form if it kills me.