Reposession Order, Sale Broke..Now what?

[Bona]

When you get that you need to fill in the form what can you pay this month withregard to the normal payments and when are they due will you have to use the £2000 .

[goodiestotake]

Hello fellow members -

 

So far no eviction letter from HBOS or their solicitors. My solicitor has not heard anything from them too. Please advise if something is being cultivated behind the scenes that I will not be aware of and would surface suddenly ?. I hope this doesn't happen.

 

Thanks to our darling chancellor of exchequer, I just have learnt in the sky news that govt has asked mortgage lenders to be soft on home owners.

 

I am planning to write directly to HBOS, welcome and FV1 with I/O statement. I can tell them that the sale didn't go through and my estate agent is searching for the buyers. But due to the bad situations in the market, it is highly unlikely that a buyer can be found easily.

 

I have searched the repository and could not find any relevant templates that I could personalize and send them all.

 

I would appreciate if I am provided with letter templates. I would them ask my solicitor to provide me with a letter that has a mention of the previous sale that didn't go through. I will also attach my income letters, accountant letters, some business agreements that my business have recently acquired.

 

Thanks very much for all your help.

 

Regards

[goodiestotake]

anyone out there please !

 

Regards,

[Ell-enn]

Hi there, you need to make the payment of £2,000 as soon as possible -by telephone if at all possible - they should not refuse to take any payment from you at all. If they won't take it over the phone, send a cheque (remember to put your address and mortgage account number on the back) with this letter:

 

Dear Sirs,

 

Mortgage Account No:

Claim No: (on court paperwork)

 

Please find enclosed a cheque for the sum of £2,000 being payment towards the arrears on the above numbered account.

 

As I have explained in a telephone conversation with yourselves, the planned sale of my house fell through at the very last minute and I am in the process of trying to secure another buyer. However, as I’m sure you will appreciate, this will take time and I am therefore writing to you to offer the following payment proposal until such time as a sale is completed:

 

Payments of £ xxxxx on the xxxxx day of each month, this includes £xxxx towards the arrears.

I am sure you are aware of the Civil Justice Consultation Paper - Mortgage Arrears Protocol and ask you to take this into account when considering my request for time to sell the property and continue with a payment schedule.

 

Affixed is an income and expenditure statement in support of my proposal (Appendix 1).

 

I trust you will be able to agree to my proposal and thus avoid unnecessary court action.

 

In view of the seriousness of the situation and time constraints involved, your speedy response would be appreciated.

 

Yours sincerely,

 

 

If they don't accept this, and it goes to court there is case law we can use regarding time to sell the property. However, hopefully it won't come to that. Don't forget to send the letter guaranteed next day delivery, and then check on royal mail website for the receipt a few days later. Print off receipt and keep with a copy of the letter in case you need to produce it in court.

 

Hope this is helpful

 

Kind Regards

 

Ell-enn

[goodiestotake]

Ell-Enn, Thank you very much for your help and support.

 

I will write the letter now and despatch it today.

 

Thanks very much and I will keep you guys posted.

 

Regards,

[Ell-enn]

You're welcome, good luck and remember whatever happens you can get help and support here.

 

PS. remember to write your name, mortgage account number and Appendix 1 on the Income & Expenditure statement you staple to the letter.

 

Kind Regards

 

Ell-enn

[goodiestotake]

Hello again -

 

Is there any possibility that I can convince the lender (HBOS) to reduce the payment for a couple of months. As mentioned above I have all the necessary paperwork available like accountant's letter, business contracts etc which show that the income will be ok in the near future, however need some time to be back on track.

 

As Ell-enn has advised, I have done the same, but my wish is to keep the house. The sale was due to the immense pressure from the HBOS solicitors and lender itself.

 

Do you experienced fellows reckon it to be workable? would I be able to convince HBOS to reduce the payment for a couple of months. As you all know I am prepared to give them £2000.

 

Thanks in advance again for all your help.

 

Regards

[Bona]

Have you made the payment of £2000.00 of the arreas yet once you have done that you could negotiate

[goodiestotake]

Yes Bona, I have despatched the letter yesterday via special delivery with £2000 cheque.

 

Do you think I should wait until they respond ?

 

Regards

[Bona]

I think it will be a bit difficult to ask for a reduction when you have just asked for a deal on payments I would wait and see what they say can you make the next payment as per your offer

[goodiestotake]

I think it will be a bit difficult to ask for a reduction when you have just asked for a deal on payments I would wait and see what they say can you make the next payment as per your offer

 

 

Yes, I can make next payment as per the promise that I have made with the lender.

 

Regards

[Ell-enn]

Hi, as Bona says I would wait until you get a reply to your letter and make the next payment as promised.

 

Kind Regards

 

Ell-enn

[goodiestotake]

Ok, thanks. Lets see how long they take to write back.

 

I will keep you guys posted. Thanks for all your help.

 

Regards

[goodiestotake]

Hello again folks -

 

Between my last mail and this message, I've been dealing with the HBOS solicitors. A lot of letters exchange happened during this time. In short, the solicitors did not agree with my proposal (though they kept the cheque and encashed £2000) and acquired another eviction order for May 20th. My proposal was:

 

1. £2000 payment towards the arrears and regular monthly repayments from May 2008 onwards.

 

2. I also offered £200 on top of the regular repayment to cover the arrears.

 

The above was until last week. This week I arranged some money and offered the following:

 

1. £2000 that has been already paid

2. Regular monthly repayments from June 2008

3. £1000 today, cash to be deposited in the mortgage account

4. £1000 on 25th of May 2008

 

The bloke over the phone was quite arrogant (expected) and refused to accept my offer in any case. He kept telling the old stories that they had to initiate legal proceedings against my mortgage account and hence its not possible keeping in view the history, to accept the offer of repayments.

 

However, I received a call at around 4:30pm today from HBOS that if I pay half the arrears that is standing around £9300 (dont know how they made this up, will ask for a breakdown later). This means I need to pay £4650 in cleared funds before 20th of May for them to stop eviction.(which I do not have).

 

Can some advise me as to what options do I have now. There is not much time left. I would appreciate your quickest response so that I make a case during the night and go to court tomorrow morning.

 

Thanks very much for all your support.

[Bona]

Tell them to go to hell no Judge will evict you as you have tried ( well only one that has gone ga ga )they know this contact them and tell them that your offer still stands and if they dont agree you will inform the judge and ask for cost against them if by the meere pos that it went against you there is case law at appeal that would work dont worry tell them to bugger off

[Bona]

Ask Ell-en to help you write your witness statement it is out rageous( cant spell}

[Ell-enn]

Hi there, have you submitted an N244 form asking for a hearing to suspend eviction? or do you have a hearing at court tomorrow morning?

 

I can help you with a statement for the N244 or for a court hearing, just let me know which it is

 

Kind Regards

 

Ell-enn

[goodiestotake]

Hi there, have you submitted an N244 form asking for a hearing to suspend eviction? or do you have a hearing at court tomorrow morning?

 

I can help you with a statement for the N244 or for a court hearing, just let me know which it is

 

Kind Regards

 

Ell-enn

 

Thanks very much -

 

No I do not have any hearing tomorrow. I am planning to submit N244 in the court tomorrow morning. Please bear in mind that the eviction date is 20th of May, means next Tuesday. Looks like I do not have much time.

 

I have gathered all the documents as under:

 

1. All correspondence with HBOS and their solicitors

2. I/E statement

3. Income proof

4. Accountant letter showing earnings with a mention of recent business contract.

5. All business contracts copies

 

No. (4) will be appended to show that I can afford the future payments, its just that I need a little time to payback the amount. However, I can pay the monthly instalment.

 

I am filling the N244 form now.

 

Regards

[Ell-enn]

OK, just give me 10 mins and I'll come back to you. Part C is the most important part - I will write you a statement to put in there. Have you downloaded the form from HM courts website or are you filling it in by hand? Do you have a printer?

 

Kind Regards

 

Ell-enn

[goodiestotake]

OK, just give me 10 mins and I'll come back to you. Part C is the most important part - I will write you a statement to put in there. Have you downloaded the form from HM courts website or are you filling it in by hand? Do you have a printer?

 

Kind Regards

 

Ell-enn

 

I have downloaded it and will fill in online then take a print out. I do have all the necessary gadgets available.

 

Thanks

[Ell-enn]

That's great - I'll send you the text and you just need to fill in the blanks. Is the mortgage in joint names?

 

Ell

[goodiestotake]

That's great - I'll send you the text and you just need to fill in the blanks. Is the mortgage in joint names?

 

Ell

 

No, its on my name only.

[goodiestotake]

Ell-enn - Thanks for all your help,

 

If possible can you please advise what to write in PART A where they ask you to write the reason for the order. It is asked to mention any rules or statutary provisions ???? what are they. Please advise.

 

Thanks

[Ell-enn]

Hi, In Part A cross out (a draft order of which is attached) and after the word that write - suspends the order for possession. After because write the arrears have been reduced and a proposal to repay the remaining arrears is submitted in Part C.

 

In Part B cross out (we) and tick the box for evidence in part C.

 

Text for part C will be finished in a few minutes - just one more thing, are you still proposing to pay £200 per month on top of the normal payment to clear the arrears?

 

Kind Regards

 

Ell-enn

[goodiestotake]

Hi, In Part A cross out (a draft order of which is attached) and after the word that write - suspends the order for possession. After because write the arrears have been reduced and a proposal to repay the remaining arrears is submitted in Part C.

 

In Part B cross out (we) and tick the box for evidence in part C.

 

Text for part C will be finished in a few minutes - just one more thing, are you still proposing to pay £200 per month on top of the normal payment to clear the arrears?

 

Kind Regards

 

Ell-enn

 

Thanks-

 

I offered that because the bloke on the phone made me to come to that point where I offered him this on top of the normal monthly repayments.

 

I would be better off NOT paying this amount if at all possible !

 

Never mind if not possible. I'll try to reduce the arrears ASAP.

 

regards