repossession

[mariondomino]

can anyone help or give us advice asap.

we are heavily in arrears with our kensington mortgage and have this am received a letter from solicitor saying pay arrears within 7 days or calling up notice will be issued.it also says"kensington may be able to agree an alternative repayment arrangement"but they're not accepting any of our offers because we've broken arrangements in the past(not lightly usually because hubby lost job)

if they issue the calling up notice but we clear the arrears within the 8 weeks will this stop the legal action or do we have to clear our whole mortgage?

sorry for so many questions but we're at our wits end.

can anyone out there offer any help or good advice to alliviate our concerns

[ims21]

Hi and welcome to CAG

 

I have moved your thread to the home repossession forum where the guys will be happy to advise as soon as they are available

 

ims

[sequenci]

A calling up notice? Please confirm that you're living in Scotland so that we can ensure the advice is accurate. Thanks

[mariondomino]

sorry yes i should have said,we are indeed living in scotland

mariondomino

[sequenci]

Taken from the National Debtline information pack about mortgage arrears:

 

What can I do if I get a calling-up notice?

To stop your lender taking more steps to repossess your home, you will have two months to either:

• repay the loan in full; or • come to an arrangement with your lender to repay the

arrears and continue with the loan agreement.

If you do not take any action within two months, your lender can move on to the next stage, which is to start repossession proceedings and ask for the power to sell your home under section 24 of the Conveyancing and Feudal Reform (Scotland) Act 1970. If this happens, you can ask the court not to grant your lender the right to sell your home.

 

The first thing that the court must look at is whether or not your lender has met the pre-action requirements for mortgage arrears. If the court considers that your lender has not met the pre-action requirements, the case will be dismissed. If the court is satisfied that your lender has met the pre-action requirements, it will go on to consider whether ‘it is reasonable in all the circumstances’ to make an order. The sheriff must take into account:

• whether or not you are in a DAS debt-payment programme;

• how much you owe;

• your reasons for getting into arrears;

• your ability to meet the obligations of the mortgage within a ‘reasonable’ period;

• any action the creditor has already taken to help you; and • the ability of anyone living in the house to find other

reasonable accommodation.

There is no guidance on what is a reasonable period but recent experience suggests that some sheriffs will accept repayment over extended periods of up to and beyond 10 years. English courts are now accepting these long term arrangements after a case called Cheltenham & Gloucester v Norgan and this may influence practice in Scottish courts.

If the court refuses to grant your lender the right to repossess your home, the sheriff will make an order setting out how you must repay the arrears. It is important that you stick to the terms of the court order and make the agreed repayments. If you break the arrangement, your lender can apply again for the right to repossess your home.

 

You can download the pack here:

http://www.nationaldebtline.co.uk/scotland/debt_advice.php#4

[mariondomino]

hi i'm trying really to find out if i clea the arrears will the legal option stop.

mariondomino

[mariondomino]

sorry for the typo if i clear the arrears will legal action stop

[sequenci]

Legal action should stop if you pay the arrears. For the record if you can show the court you can pay the mortgage + a little towards the arrears each month you should be allowed to stay in the property.

[mariondomino]

you are being so helpful.

i'm trying to avoid court so was trying to find out if that also meant court appearance would be cancelled.

just wondered if anyone else had been in this situation first hand

mariondomino

[sequenci]

I've not been in that situation first hand but have helped hundreds of people who have. If you can clear all of the arrears then there should be no reason for the action to continue. The lender would need to cancel the action.

 

if you would like some help you can look to find a 'money adviser' via this search box: http://www.dasscotland.gov.uk/help-centre/money-adviser-search

[mariondomino]

thank you so much,got an appt for tomorrow with money advisor.i'll let you know how it goes in case info useful to anyone else.

many thanks again

mariondomino