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URGENT HELP NEEDED Defaulted SPO!!!

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Hi All,

 

I need urgent help wiht my case, i'll keep it brief:

 

Last year Lender took to court despite agreeing for us to pay normal monthly payments plus £37 towrads arrears. Judge granted an SPO for these exact terms. This month were not able to pay as no income - applied for E&SA and forwarding an application to the lender for Help with Mortgage Interest. it's an interest only mortgage.

 

Rang the lender to request reduced payment until mortgage support is active so for a period of 13 weeks, told nothing they can do and apply to court. so now completing an N244 to submit to court stating the same reasons as above.

 

Can anyone suggest what is the best way to go about this and what we should include in the supporting statement please?

 

Basically we are hoping the Judge will take on board our reasons and grant the reduced payments rather the lender file for repossession which I know they will starightaway once the payment is missed this week!

 

Having read some of the awful stories on here of other I'm feeling very deflated anout the whole situation.

 

Any help would be great

 

Thanks.

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apologies for all the typo errors!!!!

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Hi All,

 

I need help with my case, i'll keep it brief:

 

Last year Lender took to court despite agreeing for us to pay normal monthly payments plus £37 towrads arrears. Judge granted an SPO for these exact terms. This month were not able to pay as no income - applied for E&SA and forwarding an application to the lender for Help with mortgage interest. it's an interest only mortgage.

 

Rang the lender to request reduced payment until mortgage support is active so for a period of 13 weeks, told nothing they can do and apply to court.

 

Since heraing this over the past few days we have sold alomost all of our household belongings and borrowed money from family and friends and somehow have managed to get the funds together to make this months (June 2012) mortagage payment, thankfully.

 

I am now putting a letter together to the lender and completing an N244 to submit to court and detailing all the above.

 

Can anyone suggest what is the best way to go about this and what we should include in the supporting statement please?

 

Basically we are hoping the Judge will take on board our reasons and grant the reduced payments rather the lender file for repossession which I know they will starightaway once the payment is missed next month! Seeing as we have raised the money for this months mortgage and sent the mortgage support were asking for the reduced payment over a shorter period i.e 8 weeks. the application should be processed by September 2012 taking the the tomescale into account.

 

Having read some of the awful stories on here of other I'm feeling very deflated anout the whole situation.

 

Any help would be great

 

Thanks.

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I have started a new thread ont he Home repossession sub form as no replies on here......

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Hi down

 

Your thread has been 'flagged up' for the site team.

 

The guys will be happy to advise as soon as they are available.

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Thanks very much rebel11

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Downmum - Ell-en will help you with the court papers. All I would like to add is that you need to remember that mortgage lenders like this are utter ****. I am guessing it is one of the sub prime lenders who are now desperate to get out of the market and will do anything possible to get people out of their homes. I am preparing a letter to the Financial Services Authority about this issue as I am disgusted by how some lenders are behaving.

 

When you think of the money they make out of a borrower over the term of a mortgage, why on earth can't they employ some decent competent people who will talk to borrowers and try and help, rather than just acting as if it is nothing to do with them and endlessly taking people to court?

 

Just bear in mind that judges are reasonable people and will listen to reason. Mortgage lenders are money grabbing parasites who don't want to lend any money at the moment and will pressure people to breaking point to try and get rid of them.

 

Stand firm and fight. You have done nothing wrong. :)

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Thanks BornThisWay I totally agree with what you said above....... Last year I wrote endless letter to them before during and even after the court hearing but all fell on deaf ears. i donty understand why they see the need to take people to court when they agree a way forward...... these are not about repossessing a car or material things this is about people's homes....... we like so many people have unfortunately been caught in the downward spiral of having to face lower income.........there were a lot of things they stated that were not correct and they even went as far as denying certain contact made by us to them. I even noticed a filed agent fee of £95 added to the mortgage which I challenged and I think after the 5th letter they finally admitted it was an error made by them and no such visit had taken place!!! Their explanation as always it was an admin error! Had I not noticed this it myself they would have charged the fee without any problems......

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does any1 know if Ell-en will be able to help tonight? I've not used the site since last year so not sure.

 

I basically need help with completely the SMI Form - so it gives us the best change to get it approved and hopefully a quick turnaround and for someone to cast a quick eye over the 2 letters I have put together, one for the court to attach to N224 and the other to mortgage lender.

 

Thanks all for your wise words and support so far :-)

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Hi, I'll can take a look at your letter and statement for the N244 - but you might want to have a look here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession there are examples of letters together with how to set out a statement for the N244 and instructions for completing the form.

 

You will need documentary evidence of your benefits claim (take photocopies of any benefits forms you are filling in or letters you have received regarding your claim).

 

I should hold off submitting the N244 until you have sent the letter to the lender to see what they respond with


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Thanks so much Ell-enn

 

I 'll have a look at the above letters first and yes I was thinking of holding off on sending the N244 also but thought I would wait to see what advise others would give around it.

 

Are you able to give any suggestions for the Support for Mortgage Interest i.e what to write in the supporting statement for that?

 

I wasn't sure if asking for reduced payments from the lender whilst mortgage support was decided is a possibility? in your opinion would this be acceptable.

 

I have kept copies of all claim paperwork & we were given like a receipt from out Local JobCentre Plus for the E&SA claim, not received letters as yet but I have a suspicion that they may have sent it to the wrong address as they did this previously. we have been trying to get through to them today to get an update but could not get through so first thing tomorrow we'll be calling again.

 

Would it be Ok to inbox you the letters I've prepared once I've looked at the examples to make sure I 've got it right. Ideally I would like to send the letter and mort support app to them by this weekend.

 

Thanks

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Hi, yes you can send to Ell-enn@consumeractiongroup.co.uk


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Ell-enn thanks very much I have just sent you a couple of emails so please respond at your earliest convenience. At this stage I have held off on sending the N244 - like you said lets see what the lender has to say first.

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Receved emails and responded :)


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Ell-enn Thank you for your help, just put the bundle together to send off........ fingers crossed for a positive outcome.......

 

Will keep you all posted :)

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not sure if anyone will know the answer to this but I've been helping a friend of mine with fighting his mortgage company since he got in to arrears.

 

there is a suspended order for possession on the property which will not be initiated as long as he keeps up the repayment under it. we wrote to most company with guidance from you all here 3 months ago explaining we have made an application for support for mortgage interest so would like to pay a reduced amount. they agreed so that is what he has been paying.

 

he has heard back from the jobcentre & they have in principle agreed the application has been partly successful/agreed. they want receipts from 5 years ago which unfortunately he doesn't have. at least it's better then not getting any help at all.

 

I have just read online that the rate they will use to work out the amount of housing cost to pay is 3.63% whereas his current mort is on SVR of 6%

 

so my question is once the DWP has agreed officially payments can we ask the lender to put him on a better rate then the SVR. If this can be does anyone have template letter we can use.

 

thank you for any help/advice.

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The short answer is yes, you can ask, but the answer is 99.99% likely to be no to changing the mortgage rate. What your friend will have to do is make up the shortfall between the SMI and the CMI himself. If he cannot, then it is very likely the mortgagee will execute the warrant for possession, though given that they have reduced the amount he needs to pay, they may be willing to accept lower payments for a fixed amount of time, during which hopefully your friend will find a job.

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thanks Lea_HTH I suspected as much. I think your suggestion is right he will be best off perhaps requesting lower payments for a fixed amount of time then requesting a change in mortgage rate!

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