How can i stop getting repossesed

[theghooost]

HI,

11 Months ago we were granted a suspended repo order on our house,

 

We paid the arrears every month,

 

But 4 months ago my partners mother had a stroke and she was forced to take unpaid leave to look after her 81 year old father as well as visiting her mother in hospital,

 

I also lost a part time job i had got which was being used to pay off the arrears.

 

The arrears were £3300.

 

The order was due to finish next month (July 25th) But we still owe £900.

 

We explained the situation to the mortgage company and asked for an extra 3 months to pay,

This was refused and a letter came today saying they have applied for a warrant of possesion to the court.

 

What will happen now?

 

At a push we could have the arrears gone on August 25th, So basically 2 months from now.

 

Because we have not kept with the suspended order, Will we be just told to leave?

 

How long will this be?

 

We have 2 young children and are sick with worry we will be made homeless,

We tried so hard to stick with the arrangement,

But circumstances just got in way,

We had nobody to look after my partners father and me losing the part time job also proved a killer.

 

Can anyone give any advice on what will happen please?

[hallowitch]

hi welcome to CAG

 

this is not the correct forum for this

 

I will ask for it to be moved for you

[pocketstapler]

You MUST go to the Court Hearing.

If there is a Free Duty Adviser in court speak to them - they will negotiate & represent you in court usually.

If not go into the hearing yourself equipped with a financial statement (U can download one free from CAB or National Debtline)

and your reasonable offer of repayment (i.e. Current Mortgage plus £x per month off the arrears

- also the date you can make first payment)

 

Unless the Judge is a bit loopy your offer will be accepted.

 

Also if no Free Adviser in court ask the usher to point out the Bank's solicitor and put your offer to them

- Often he will agree terms before the hearing

- don't be bullied or feel intimidated,

 

if they don't agree to your reasonable offer

just put it to the District Judge in the hearing.

If your offer is reasonable given your circumstances 99.9% of Judges will allow it.

 

 

Good Luck

[rebel11]

Thread moved.

[jcor]

You will be sent a letter by the courts telling you when you should be repossessed, once you have received this, you need to fill out an N244 form to stop repossession, laying out the reasons why you've missed payments and what you are doing to resolve the situation

 

Then take the form (done in triplicate) to the court that issued the notice, pay the £30 fee if appropriate and they will give you a court date to go back and request a further suspension of the repossession order

 

Don't panic, you have young children and you have a genuine reason for the problems and you are working to pay the arrears off, the court will look at your situation sympathetically - they don't want to have young children homeless but you do have to be able to show you can pay

 

Hope that helps - I've been through this myself and I know how stressful it is

[National Debtline]

Hello there.

 

Like Jcor has mentioned you might be able to stop the reposession by filing the N244 form. If you can pay the regular mortgage instalment plus a little extra you may be able to resuspend the suspended possession order. The fee should be £40 (it's increased a little over the years). The general rule is that you should be able to show that you can clear the arrears over the duration of the mortgage term.

 

We've a guide on mortgage arrears which expands a little on the N244 process, you can find it here:

http://www.nationaldebtline.co.uk/england_wales/guide.php?page=guide-mortgage-arrears

 

If you are unable to meet the mortgage instalment it is vital that you seek advice urgently, either via this forum or by contacting the specialist housing advice charity, Shelter: 0808 800 4444.

 

Best wishes,

 

National Debtline.

[lookinforinfo]

I am so sorry to hear your predicament. I have been there too so know a bit of what you are going through.

No doubt you went to the hearing 11 months away so you will be familiar with the Court proceedings and won't be

overawed when you go there. Judges in these circumstances ten to be very gentle with home owners in these

circumstances and they will see that you would have paid the arrears off had things gone according to plan. As it

is, despite the problems you have had you should still be able to clear the arrears in a short space of time which

should be acceptable to the Judge.

Once you have paid off the arrears, the slate is wiped clean and the lender cannot raise that repossession order again.

[theghooost]

Thanks for the replies,We have no problems in meeting our normal mortgage payment and we know we can afford to pay the arrears off in 2 months at a push,Just a bad situation with my partners mother being put in hospital which forced us to fall behind a little,Im really fed up the mortgage company would not look and see we have paid everything on time with regards to the initial order,How long will it be until we hear anything from the court? Or is it baliffs?

[Lea_HTH]

Once you have paid off the arrears, the slate is wiped clean and the lender cannot raise that repossession order again.

 

This is untrue. The OP will need to make a request from the court to have the order discharged. It is the mortgagee's right, but they tend not to do it so they can continue to use the SPO in the future. Most courts will entertain an application from the mortgagor once they have maintained their mortgage account without arrears for 6-9 months minimum.

 

To the OP, you will almost certainly be able to stay any eviction notice you receive by making an application to court on form N244 as you have been advised above. There is no judge that will allow your house to be repossessed for 900 quid when you have effectively maintained your agreement and reduced the arrears substantially over the past 11 months. Try not to worry (I know it's difficult), but on the information you have given, and your reasons for the problems now, you will be able to stay in your home.

 

If you need some extra help, apply to your local authority housing department for a payment from the mortgage protection fund. These funds are generally incredibly under-used, and if you meet the criteria they may be able to pay the remaining 900 quid off for you.

[theghooost]

Thanks again to those who have replied,So what exactly can i expect to happen now?

A baliff coming with a letter telling me to leave?

A letter from the court saying to leave?

As i have defaulted on the initial suspended reposession order i thought that we would be out.

How long until anything happens?

[Ell-enn]

Hi there, if you need help with filling in the N244 form we can help you. Have you actually received an eviction notice yet? if not then you should write to the lender stating why you have missed the payments and what you intend to do to rectify it. If they still persist will an eviction notice then you can show the judge that you tried to negotiate with them to avoid eviction - this will help your case. If you need help with a letter please let me know and I'll draft one for you.

 

As Lea says, no judge will take your home away for £900 especially as you are able to clear the arrears and have made consistent payments for 11 months - I'm sure the judge will think they are being unreasonable. Who is the lender ?

[theghooost]

Hi,No we have not recieved an eviction order yet,I wrote to the mortgage company and offered to pay the £900 off over 3 months,Which they refused,So i spoke to them today and they said they have applied to the court for a possesion order on 23rd June.

Thanks for your offer of help,Just dont know what to expect now regarding this,What will happen?

[Ell-enn]

Do you have a copy of the letter you sent and also their refusal ?

[theghooost]

No i never kept a copy,But know exactly what was in it,I do have the letter of their refusal.

[Ell-enn]

OK, letter of refusal is good. Do you have proof of all the payments you have made since the last hearing?

[theghooost]

OK, letter of refusal is good. Do you have proof of all the payments you have made since the last hearing?

 

Yes all payments are on bank statements,also I have a current balance on this last letter recieved

[Ell-enn]

Excellent, as you have not yet received an eviction notive we have time to get your case together. If you apply to the court before you receive the eviction notice the fee will be £80 if you wait until you get the notice it will be £40.

 

I can help you with the N244 application but in the meantime you should complete a budget sheet which will be affixed to your application - this will show the judge how you can afford to make the payments going forward. I have affixed the budget sheet we normally use in these situations (it calculates automatically as you fill it in) - if you have any questions about filling it in please ask.

 

When will you be able to make the next payment?

Budget Sheet.xls

[theghooost]

Excellent, as you have not yet received an eviction notive we have time to get your case together. If you apply to the court before you receive the eviction notice the fee will be £80 if you wait until you get the notice it will be £40.

 

I can help you with the N244 application but in the meantime you should complete a budget sheet which will be affixed to your application - this will show the judge how you can afford to make the payments going forward. I have affixed the budget sheet we normally use in these situations (it calculates automatically as you fill it in) - if you have any questions about filling it in please ask.

 

When will you be able to make the next payment?

 

Thank you so much for your help,I'm using my phone at the moment so will have to do that sheet tomorrow,The next payment we can make off the arrears is 25th July which will bring them down to £450

[Ell-enn]

Are you continuing to make the monthly payments? is it only the arrears payments you have missed?

 

Also are you sure you can afford to pay £450 off the arrears in July ? in reality you should be spreading the £900 over at least the next six months if you have suffered loss of income recently and are having to catch up with things. A judge would almost certainly accept a lower arrears payment each month if you can do it over 6 months.

 

How many years are left on your mortgage ?

[theghooost]

Are you continuing to make the monthly payments? is it only the arrears payments you have missed?

 

Also are you sure you can afford to pay £450 off the arrears in July ? in reality you should be spreading the £900 over at least the next six months if you have suffered loss of income recently and are having to catch up with things. A judge would almost certainly accept a lower arrears payment each month if you can do it over 6 months.

 

How many years are left on your mortgage ?

 

Yes we hace been making the normal payments,the 450 in july is not a problem to us,it would be easier to spread over 3 months,so will I have to go to court once again? I thought that once we were given a suspended posession order and we have failed that would be it,we would be evicted

[Ell-enn]

Hi, if you do not keep to the terms of the suspended possession order the lender can apply to the court to have you evicted - the court will then send you an eviction notice giving you a date to move out by (usually 2 weeks, sometimes 3). You can ask the court for a hearing in front of a judge to have the eviction stopped by stating your reason for missing the payments and offering a payment plan to clear them - you apply to the court on a form N244 which is what I can help you with.

 

The fact that you have kept paying the normal mortgage payment will strengthen your case enormously and so will your offer to clear the remaining arrears over three months. Please believe me - there is no way a judge will take your home away under these circumstances.

 

Have a read of the repossession successes forum here http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?327-Home-Repossessions-successes

 

And also read the guide to repossession here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession there you will see examples of an N244 form, statement and budget sheet to go with it.

[SaudiMail]

The banks have admitted today that they have been fiddling the interest rates on mortgages since 2005. Therefore, if you are paying interest on your mortgage each month you are entitled to sue the mortgage lender and claim damages. I think if you start a claim immediately, your solicitor will be able to argue to the court that the amount of arrears are so high due to the illegal activities of the mortgage lenders in fixing interest rates and may be able to get the repossession delayed until you have received compensation/cash settlement from your mortgage lender.

 

http://www.zerohedge.com/news/shocking-details-barclays-epic-lie-bor-fraud-duuuude%E2%80%A6whats-ur-guys-345-3m-fix%E2%80%A6tell-him-get-it

[theghooost]

Hi,spoke to my dad today and he is going to borrow me the remaining 450 on the 25th,so the arrears will be completely cleared on the 25th,I have rang and told the mortgage company this,who said they will cancell all proceedings on the 25th when I pay them off,will I still need to attend court? Respond to the courts letter on the way to me? Not sure what to do,I just want to make sure in what to do,thank you for all your help and replies

[Ell-enn]

It would seem they have not asked for an eviction warrant yet if they are willing to wait till 25th July for the arrears to be cleared. Might be a good idea to write to them confirming your conversation and their agreement to wait till 25th July for payment. If you need help with the letter please let me know and I'll happily draft one for you. the letter needs to be sent by recorded delivery and you must keep a copy.

[theghooost]

It would seem they have not asked for an eviction warrant yet if they are willing to wait till 25th July for the arrears to be cleared. Might be a good idea to write to them confirming your conversation and their agreement to wait till 25th July for payment. If you need help with the letter please let me know and I'll happily draft one for you. the letter needs to be sent by recorded delivery and you must keep a copy.

 

The guy I spoke to yesterday said they have already applied to the court for the posession order,I don't think they will do anything in regards to stopping proceedings until I pay on the 25th