Warrant for possession - Rooftop Mortgages

[sparklejadey]

Please can anyone give us advice...

 

Back in 2009 we were in arrears with rooftop mortages and it went to court - we were give a suspended possession order and had to pay back £100 on top of our monthly payment which we kept up with well at first but did struggle to pay on occassions, called rooftop explained and was told it was fine each time.

 

A couple of weeks ago rooftop sent us a letter saying we were £700 pound odd behind with this order so we requested statements to check the amount was correct, we did and it was - called and said we couldn't pay it all at once and also that this month we would be late paying our monthly payment but paid the £240 we could pay then. They told us this was fine and that they would not take our home over a small amount like that. Today we got letters saying that as the order from 2009 has not been adhered to they are putting in at court for a warrant for possession of land and that we will be notifed in due course of the eviction date.

 

We have been staying with family a couple of days and have just arrived home to find the letters hence why I am on here so late

 

Please can anyone advise if this can be stopped and what we need to do, I can't lose our home, im so stressed and upset and don't know what to do Been looking on the interenet and am getting so confused

 

Thanks so much

Edited July 26, 2012 by sparklejadey
mistake

[sparklejadey]

Sorry also should have said - our arrears fees are currently at £2,598

[Lea_HTH]

How many months left to run on the mortgage? Is there any equity in the property? Do you have any other loans secured on it? How much can you realistically afford each month towards the arrears? Clearly the £100 per month is too much as you have missed at least seven of those payments in the period since the SPO was granted.

 

There is a sticky thread at the top of the repossession forum, where you can download a guide to possession and, more importantly, an income and expenditure sheet. Start there, and hopefully Ell-enn will be online later to help you with your paperwork (I don't do paperwork).

 

Realistically, if you can afford the CMI plus a reasonable amount towards the arrears, you have an excellent chance of staying the Notice of Eviction - so try not to worry too much (and kindly answer the questions I asked above).

[Lea_HTH]

http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession

 

Link above to relevant thread aforementioned.

[sparklejadey]

hi Lea thanks so much for your reply...

 

There are 230 months left to run on the mortgage and no there is not any equity in the property.

 

We do not have any other loans secured on it either and we can usually come up with the extra £100 a month as we are on an interest only mortgage and the monthly payments are not too high at the moment - The £700 of missed payments was between april 2011 and march 2012 - some months it was as little as £7 we were short and the worst was march this year when it was £461.62. Like I say my husband did call and tell them each time we were short (its all in his name) and they have always said that was fine as long as he paid what we could and kept them informed. I am so cross with him as I am always nagging him to put things in writing with them so we have proof and he never does!

 

My husband is self employed and the time we did not meet the full payments were times he had little or no work.

 

I am hoping to have £800 together by next Friday - will it improve our chances if we pay as much as we can before the court hearing? We have not had a date through yet and I might be able to raise some more if I sell a few bits

 

I will take a look at the sticky thread thank you for letting me know about it Thank you so much you have made me feel a bit more hopeful - I was convinced we would be out on the streets with the kids and pets when we opened the letter last night!

[Ell-enn]

Hi there, might be an idea to write to them straight away advising of your situation and what you are able to pay going forward. You will need to complete the budget sheet to send with the letter and if you have to defend an eviction notice it will help your case that you tried to negotiate with them in writing. I can help you with the letter if you let me know when you have completed the affixed budget sheet (it calculates automatically as you fill it in).

Budget Sheet.xls

[Lea_HTH]

You state the arrears 'fees' are 2598 - is that the actual arrears or the fees for being in arrears, or a combination of both?

[Lea_HTH]

I would suggest you pay as much as you can of money you have - but don't, at this stage, sell anything. It shouldn't be necessary if the arrears are 2.5k - which is why I was asking if those were arrears or fees.

[sparklejadey]

Thanks you Ell-enn thats very kind of you I will fill in the form later and let you know if I need help with the letter.

 

Lea - no the fees are at £5100 at the moment the arrears are £2598.

[Lea_HTH]

Okay, if the arrears are around the 2.5k mark, I would suggest you offer 50 quid a month towards the arrears and not 100 a month. Missing 7 payments indicates the original amount was too high, so explain that to the judge and reduce it to 50. It'll still clear the arrears in just over four years or so - well within line with Norgan. Doing so will allow you some room to move/breathe, and if you wish to pay 100, if you can afford it any one month, then you can do so, and that way may clear the arrears much sooner. But reducing the amount in the court order will make it easier for you to manage and far less likely to miss payments in future.