Suspended Court Order

[carlos19664]

Hi Im in need of some serious help, I have a Mortgage in arrears with kensington mortgages to the tune of 17000 and got taken to court by them in april 2012. I was given a suspended court order and told to pay my contractual payments of £890 plus an extra £500 to cover the arrears. since then I have been having serious problems with keeping employed and since then have defaulted on the suspended order payments to the tune of £5500 I have had to take in lodgers to help me pay the bills in the house, I have contacted kensington and kept them aware of my circumstances with employment and have been doing my best to stick to at least the contractual payments since then, in November 2012 my mother passed away in an accident abroad and I had to go away abroad to sort things out with the rest of my family and I returned back to the UK on 3rd december, whilst being away I missed one payment on the agreed payment of the arears so since then I have been trying to get kensington to help me get back on track by re setting back up the agreement to whta it was originally £800 plus £500, this they have turned down once just a few weeks ago, I appealed to them again asking that they look into it again as I had lost a lodger so my circumstances had changed and I had taken in another lodger to help me with the mortgage I sent them proof of this along witha covering letter detailing my circumstances and this morning I recieved a letter from kensington saying they have turned down my proposal to pay an extra £500 again. Speaking with someone in litigation she has told me that unless kensington recieve the £5500 in arrears since the suspended order from last april they will push for an eviction warrant, this means that even if I was to give them the £5500 pounds they could still turn down my proposal and push for eviction? someone please help is there anything I can do, or am i doomed to lose my home?

[pocketstapler]

Kensington will seek enforcement of eviction at court. You MUST attend and make your case with a renewed offer of Mortgage plus £x per month. The Judge will suspend the order again on said terms if he deems your offer viable. You should seek help from your local Money Advice Centre or Citizens Advice Bureau immediately. If none local contact National Debtline ( Just Google them for contact details. All provide free help. Contact them ASAP>

Good Luck.

[carlos19664]

Thankyou for your reply, I have been told to get a form N244 form from the courts do you think this will help?

[pocketstapler]

You will need to fill in N244 to vary the terms of original suspended order. Would also help if you complete a full Financial Statement & a Debtlist. Both these can be sourced from National Debtline, CAB or Stepchange.

[carlos19664]

Okay thanks can you tell me if you have heard of a company called Revival they deal with helping people through these problems

[pocketstapler]

No.....But DO NOT pay for advice...It's all available for free.

[IdaInFife]

Moved to the repossessions form

[nomorecrooks]

Okay thanks can you tell me if you have heard of a company called Revival they deal with helping people through these problems

 

Carlos, do not despair!

 

You need to do the following in the following order:

 

 

1. Obtain an N244 and complete it; In your statement in the N244 you must refer to "Cheltenham & Gloucester v Norgren"
   
2. Obtain and complete a financial statement which proves you ability to repay the mortgage arrears WITHIN THE TERM of your mortgage. This means that if your arrears were £12,000 and you had 12 months of term left in your mortgage then you must pay your usual payment plus £1,000 per month. If your remaining term is 10 years and your arrears £12,000 then you would need to pay £12,000 / (10 years * 12 moths per year) = an additional amount of £100 per month. This mathematics is a result of the Cheltenham & Gloucester v Norgren case.
   
3. File the N244 and your financial statements at your local court (you will need to pay a fee)
   
4. Attend court at the appropriate time (which you will be advised of by the court)
   

Do not despair, many have been down this path!

[Ell-enn]

Hi there, have a look at my guide here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession - there are examples of how to fill in the form and statement to go with - you can download the N244 from that thread and also the budget sheet. It's best to wait until you receive an eviction notice as the fee for the N244 is £80 but only £40 if you have an eviction notice. Use the time before you get the notice to put your offer in writing to Kensignton so that you can show the judge they have been unreasonable.

[Lea_HTH]

Kensington will seek enforcement of eviction at court. You MUST attend and make your case with a renewed offer of Mortgage plus £x per month. The Judge will suspend the order again on said terms if he deems your offer viable. You should seek help from your local Money Advice Centre or Citizens Advice Bureau immediately. If none local contact National Debtline ( Just Google them for contact details. All provide free help. Contact them ASAP>

Good Luck.

 

Just for clarity - since the above post appears as no.2 in the thread. This information is wrong.

 

Kensington seeking a warrant of execution will be a paper exercise with NO HEARING, and the first the OP will know about it, is the delivery of the Notice of Eviction.

 

An N244 must be filed to stay any eviction, but in addition, the OP does not have to wait until an NoE arrives, he can file an application to vary the order instead - and could have done all these months when he was not making the payments he agreed to make. An SPO in April 2012 on terms of CMI plus 500, should have meant the arrears decreased by 6000 to date - instead the OP is 5500 behind - that means out of 12 payments due, he made just one towards the arrears. That is just not going to look good in front of a judge.

 

The OP needs to look, not just at whether he can afford what he is offering, but whether it is realistic and sustainable, as well as whether or not there is equity in the property (if there isn't, possession is more likely to be granted than not). The OP should also remember that Norgan is a starting point as to what is reasonable - so it is not possible to choose to pay Norgan when income indicates that more could be paid.