Unknowingly broke my suspended repossession order

[nichola1888]

Please someone help, I dont know what to do. I went to court last June regarding arrears I had to Amber Home Loans, I am a single mother with 2 children and one on the way, my husband left me and is know where to be found! I lost my job and couldnt afford to get my children into a creche whilst I worked so the judge suspended the re-possession order on the terms that the DSS would pay some money off my arrears and that I was to pay £75pound a month towards my mortgage and £25pound a month off my arrears which then were around £9000. So on the 30th of each month from June 2010 I paid £101.32 to my mortgage company.

 

However due to the change in the benefit system the payments made by the DSS were lowered and aparently I was to pay the shortfall, but I couldnt afford to jump from £101 a month to nearly £400 a month, so I continued to pay the £101 anyway, I was then hospitalised for a month with bad kidneys and so I fell behind on the £101 and I recently paid that back it was £300 pound in total, but now i have recieved another court letter for September this year, I really dont know what to do, I tried to ring the solicitor and discuss how we can deal with this without it going to court. They completely dismissed me saying I didnt make the shortfall payments from the DSS payments (Which I didnt think I had to pay in the event this happened as it was never mentioned in court) and they were taking me to court and that was that.

 

The arrears are now £11.000 Im really at a loss here as to what to do, I have recently been awarded DLA as I am mentally ill and this isnt helping me at all, I have 2 children and one on the way and I am beside myself with worry, is there anything I can do?

[cymruambyth]

Hi, welcome to CAG. You will get some help during the day. There is a section on repossessions and I will ask the site team to move your thread so that you get help from the posters in this section. Try not to worry as there is a little while to fight this.

[nichola1888]

Thank you I look forward to replies, I think my Blood Pressure is sky high with the whole thing!

 

Nic

[rebel11]

Thread moved.

[Ell-enn]

Hi there, this must be a very stressful time for you - however please try to stay positive and let's see what we can do to help.

 

First thing is to complete a budget sheet - include all your income and outgoings - this will give you a picture of what is realistically affordable. I have affixed the budget sheet we normally use to this post - it calculates automatically as you enter the figures. Once you have done that we will look at what the next step is.

 

Can you confirm

how much is the normal monthly payment?

how much are the DWP paying?

 

Have the CSA been involved to find your husband re maintenance for the children ?

Budget Sheet.xls

[nichola1888]

Hi I was unsure of some if the quesitions on the form so Ive filled it out to the best of my ability, also the normal monthly payment is £816.42 on interest only, and the DWP pay £351.00 towards it and I pay £101.32 myself.

 

hjfkyh.xls

[Ell-enn]

Hi, I've had a look at the budget - a few questions:

 

What is the Other Benefits Income ?

Are you in arrears with your gas & electricity - I notice you have put the same amounts in priority debts section?

What is the hobbies amount for?

 

Have the CSA been involved in trying to get maintenance from your husband?

[nichola1888]

Hi

 

The other benefits is DLA, I shouldnt have written anything in for gas and electric as I pay both as I need it, and I put the entertainment down as sky tv and broadband. I wasnt too sure of the form.

 

Without sounding crazy my husband and I had a bad relationship where he was physically violent towards me, I really dont ever want any contact with him again and I think the last I heard was that he was out of the country living! I dont want him to have any part in mine or my childrens lives.

 

Thanks for your help, I am at my whits end, I am expecting again too and I havent stopped crying for a week.

[Ell-enn]

I do understand how distressing this must be for you, and how you must be feeling about your husband. However, there is no need for you to be in contact with your husband - the CSA would do all that and you need a contribution towards the childrens upkeep or you will struggle to keep your home.

Have you considered applying for the mortgage rescue scheme?

 

There is a way forward with this but it means you will have to cancel your Sky subscription to save some money and write to your credit card company offering a smaller payment of £10 per month (we can help you with the letter).

 

I have affixed a revised budget. This shows you have enough disposable income to make up the difference between the DWP contribution and the normal mortgage payment and also leaves you £100 to pay towards the arrears. If you can offer this to the judge I think you will have a very good chance of success, especially given your circumstances with expecting another baby.

 

If you agree with the above I can help you with your defence for court. As we have quite some time before September - it might be a good idea to write to Amber explaining your situation and enclosing the budget sheet (I can help you with a letter). They may accept your proposal and cancel the court proceedings - it's worth a try and if they don't cancel, it will show the judge that you have tried to come to an arrangement with them.

 

Are there any arrears charges added into the total arrears they say you owe?

Nichola1888.xls