Mortgage company repo next week **RESOLVED**

[RALALU]

Hi All

 

Please could you urgently assist before i worry myself into an early grave

 

In one weeks time I have to attend court as my mortgage company is seeking possession of my family home. Im currently 2 1/2 months in arrears totalling approximately £1200. I have had past agreements with the mortagge company which have broken for one reason or another, ie boiler breaking, car needed fixing and with feeling under pressure to agree to unrealistic repayment schemes. A couple of years ago the arrears were 6 months so slowly but steadily they have been coming down although there have been months when things have happened when ive not been able to make a payment as we have no savings for emergencies such as stated.

 

Please could someone advise what is likely to happen at the court, is the judge likely to allow me to set up a repayment plan for the arrears, id be proposing an extra £100 / month so could clear the arrears in 12 months ( theres approx 16years left on my mortgage). Also whats the likelihood that the judge wouldn't allow me the time and agree to repossession, just for added info i'm amrried with 2 young children and have no where else to go??

 

also fogot to add that for the previous 3 months ive paid the normal mortgage amount plus the extra £100 im proposing so there is some evidence that this is manageable plus at no point in my time on arrears have ai been offered any options such as putting the arrears on the term of my mortagge or going to interest only for a period of months until the arrears is cleared. Any advice would be really appreciated as I'd like to complete my defence form and statement of earnings / outgoings tonight. Also

 

if someone could offer some guidance, advice it would be much appreciated

 

Worried sick, please advise.

[Ell-enn]

Hi, have you had a look at this guide ? http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession you will see examples of how to word your statement in the N11M defence form. You can also download the budget sheet we normally use (in the second post of that thread) which should help you calculate your finances.

 

As you are only 2.5 months in arrears and can afford to pay extra each month towars the arrears I is highly unlikely that the mmortgage copany will be granted possession. Judges don't take people's homes away if they are able to make payment towards the arrears.

 

Do you know if your court had free duty legal advisors on repo hearing days? ask when you take your forms in, if they do have them make sure you approach them when you get to court on the day of the hearing as they can accompany you into the hearing and support your case.

 

I'm quite busy today but if you need more help I will try and get to you later this evening.

[RALALU]

Thanks for responding Ell-enn.

 

Ive had a read through the guides and will complete my N11M form today (im actually in court next Monday so hope this will be ok timewise?). I intend to complete the form online , so I assume I can add / upload appendix letters when doing so?

 

Also as an additional point , I paid my mortgage payment on Saturday plus the additional £100 and the advisor I spoke to at my mortgage company then proceeded to re set up an agreement for the amount id be proposing to the court anyhow plus reset up the direct debit as I had been paying each payment via card payments over the telephone ( my mortgage company stated that they were unwilling to set up any future arrangements as previous ones had been broken and that's the reason for issuing the court proceedings but now that they have again im really confused as too what is happening?? Ive made the same payment for 3 months now so arrears have dropped by £300 and if they have agreed to the repayment scheme would it not be deemed as a waste of the courts time by the judge for taking me there??)

[Ell-enn]

If at all possible you should print off and take your paperwork to the court and hand it in personally (don't put in their postbox) make sure you keep a copy for yourself to refer to in the hearing - the online system is not reliable and you could end up at your hearing without the judge having seen your defence.

 

You also need to affix proof of the payments you have made in line with your offer.

[RALALU]

Just a quick update. Received a letter from my Mortgage companies solicitors on Friday of last week (was due in court this Monday) stating that they have dropped the case or rather its now on hold on the premise that we maintain our current agreement which has been in place for the past 3 months...just a shame they couldnt just agree to this a month ago rather than having to issue proceedings and the added worry it brought

 

Ell-enn - Thankyou for respnding to my questions and offering advice.

[Old Cogger]

If at all possible you should print off and take your paperwork to the court and hand it in personally (don't put in their postbox) make sure you keep a copy for yourself to refer to in the hearing - the online system is not reliable and you could end up at your hearing without the judge having seen your defence.

 

You also need to affix proof of the payments you have made in line with your offer.

 

 

Note:- on-line system can take up to / more than 3 days to be seen.

[Ell-enn]

Just a quick update. Received a letter from my Mortgage companies solicitors on Friday of last week (was due in court this Monday) stating that they have dropped the case or rather its now on hold on the premise that we maintain our current agreement which has been in place for the past 3 months...just a shame they couldnt just agree to this a month ago rather than having to issue proceedings and the added worry it brought

 

Ell-enn - Thankyou for respnding to my questions and offering advice.

 

Glad to hear they have put the case on hold - you should ask them what costs they have added to your account - if they have added solicitors and court costs you need to challenge them as being unnecessary