Reppossesion Help Urgently needed - **Successful Outcome **

[Lola26]

eviction date due tomorrow 26/4 tried speaking to lender (2nd mortgage) to no avail, not willing to help in any way. they want full arrears paying before they will even take a payment. what can I do, have had eviction date suspended before, original payment was 75 per month at last hearing judge ordered me to pay 250.00 extra on top but a one off payment of 1,000.00 which Kensington wanted. Kensington will not just take the monthly payment plus agreed arrears until I pay the 1,000.00 which I haven't got and cant raise. when you call them (on a daily basis) you get passed from pillar to post and every time they wont accept payment until they have the 1,000.00 - am at wits end, cant sleep HELP ....

Edited April 25, 2013 by Lola26

[BornThisWay]

Sorry to hear you have all this worry Lola. You could go to court to challenge the eviction but of course you are dreadfully short of time. I am guessing it might just still be possible - what time is the eviction set for tomorrow?

[Lola26]

Sorry to hear you have all this worry Lola. You could go to court to challenge the eviction but of course you are dreadfully short of time. I am guessing it might just still be possible - what time is the eviction set for tomorrow?

 

Its at 11am filled out the N244 at the courts now am at wits end

[Lola26]

Kensington won't take the monthly payment at all (why?) Paying the agreed monthly amount is surely better than nothing and in the meantime adding charges just don't know what to do or where to turn

[Desperate Daniella]

You need Ell-enn for this. I've hit the triangle for help for you.

 

I'm so sorry I didn't see this earlier.

[Desperate Daniella]

Ell-enn is not online right now but I have asked Lea to come over and she is brilliant too.

 

Hang in there.

[Desperate Daniella]

I have to go out very shortly.

 

You must keep bouncing your thread every half an hour until someone comes over. Some people are around only in the evening.

 

I will check in when I get back just after six.

 

DDx

[Lola26]

Ell-enn is not online right now but I have asked Lea to come over and she is brilliant too.

 

Hang in there.

 

 

Thanks for the support submitted the form to the court and paid our fee have a hearing tomorrow at 10am any advice or information I can take with me would be greatly appreciated (new to the forum so getting used to how it works) didn't know it existed but glad it does!!!

[Desperate Daniella]

I'm sorry none of the experts are around right now, but I've had a look at another thread and the judge can order that the arrears can be paid over the length of the mortgage and there is case law to back this up.

 

Have to go to school right now, but hope you will have some help by the time I get back.

[citizenB]

I am sure someone will be here later on today when their day jobs have finished.

 

Are you offering to the full monthly payment plus something off the arrears ?

 

How long does the mortgage have to run ?

 

So it is Kensington who is refusing to accept the payments ordered by the Judge ?

[BornThisWay]

Lola if it is any help I know exactly how you feel. Can you tell us a little of the situation?

 

Bear in mind that judges are much nicer people than mortgage companies or their solicitors and eviction is only a last resort where there is no hope of the borrower ever getting on top of things again.

 

How many months are you in arrears? Do you have young children or dependant adults living with you?

 

It seems odd that your repayment went up from £75 to £250 - what was the thinking on that? I am paying an extra £250 and it is crippling me. I wish I had pushed for less, but in the heat of the moment we would agree to anything to keep our home.

[Lea_HTH]

BornThisWay: you can apply to the court for a variation of the order if it is financially difficult for you to keep to it.

 

Lola26: How many payments of the CMI plus amount towards the arrears did you miss first time around? How many have you missed this time around? How many stay applications have you made in the past (is this the second)? When was the original possession order suspended and how much were the arrears at that time? How much is the outstanding loan? How much are the arrears (ensure they are only arrears and not charges)? Do you have any other loans secured on the property and if yes, are you in arrears there too? How much is outstanding on any other loans? How much is the property worth?

 

The answers to the questions will allow me to see what a judge might think of the situation and at least that way you can go to court tomorrow prepared for the likely outcome, rather than spending the night worrying.

 

Are you in a position to pay the CMI plus something towards the arrears? How much can you reasonably afford? How many years and months (exactly) are there left on the loan?

[Lola26]

Desperate Danielle, sorry for not responding sooner (had to get out and get some air and clear the head .) is the case law you are referring to CMG vs Norgan Case Law 1996 in relation to the arrears being paid over the term of the mortgage (which for Kensington there is 154 months!! The court order was an extra 250.00 per month plus the £75.00 original repayment meaning that the arrears would be paid of in 40 months !! we have never had a breakdown of costs, interest or payments missed despite continued requests. So i.e amount owing £10,746.42 we have no idea how they have got to this figure, I'm no maths genius but this would equate to around 10 years missed payments ( we haven't had the loan for that long, around 2008...) original mortgage is due to finish around 2026

[Ell-enn]

Do you have a copy of the N244 you submitted to the court today? what did you put in Q.10 of the form ?

[Lola26]

we were in arrears with first mortgage (main mortgage) but this is sorted and payments made on time and up to date and have not missed any payments on this for 18 months and have proof of this (long story but both made redundant etc etc and escalated from there until we both got work.....) second secured loan was originally for 7,500! oh yes we can pay the current monthly instalment of 75.00 plus the 250.00 off the arrears totalling 325.00 but Kensington now want the full arrears paying in full which we cant. Over the last 3 months they wouldn't accept the monthly payment at all just kept saying they wanted 1,000.00 before they would accept the monthly payment ....

[Lola26]

Q.10 was the evidence set out in the box below and we hand wrote a statement. The court clerk said it would be kept on file and wouldn't give us a copy back. Time was running out to get it back to the court and panic set in and didn't think to get a copy before.

[Desperate Daniella]

Lola,

 

You have the big guns now. They will help you.

 

Good luck for tomorrow. I'll hope to hear you are okay.

 

DDxx

[Ell-enn]

Can you remember what you handwrote in Q.10? Did you affix a budget sheet or any evidence of your payment record over the 18 months ? Did you state that Kensignton wouldn't accept your payments?

[Lola26]

we are offering the full monthly payment and something of the arrears. the mortgage has still got 13 years and yes Kensington are refusing to accept payments and have done so since February because they want the full amount each time we contact them your passed from pillar to post and no on wants to listen all they state is "the full amount of arrears need to be paid in full before they take the monthly payment. They make you feel worthless and like a criminal (before we were both made redundant, living quite comfortably, but by no means millionaires at all..) and could easily afford what we had to pay (used what little savings we had to get by whilst both looking for work ..) both had to take pay cuts in our new employment but you do what you have to do.

[Ell-enn]

How much are the arrears ?

[Lea_HTH]

You really need to work out if the mortgagee is telling the court that the arrears figure is missed payments - perhaps you could answer each question asked and number your answers, providing only the information asked for. This will make it quicker to give you accurate advice.

[Lola26]

we submitted a full payment schedule of our main mortgage and a copy of our quarterly mortgage statement to prove all payments been made and are up to date (haven't missed one in 18 mths) also provided them with an attachment to earnings statement (council tax arrears ) which Kensington are aware of (8,522.00 in 14 months) which is crippling us, my husband is working 7 days a week and has done so for the last 12 mths (currently off work with work related injuries (since Wednesday of this week, hopefully back on Monday after a short rest, despite doctors advise for two weeks at least (was at the hospital yesterday in fact) but it seems the more he earns the more they take and we are left with even less hence why we couldn't pay the 1,000.00 Kensington wanted. We did sate that Kensington would not accept the payments despite contacting them regularly to do so. We are taking the budget statement with us. The clerk wouldn't give us the originals (or copy them for us) as she said they would be kept on court file....we would have paid for them to be copied if they had said that they could do so..

[Lola26]

Kensington state they are 10,746.00 but we don't know where they got this figure from ! we have asked on numerous occasions for a breakdown (and in writing .) but they have never responded . Original loan was for 7,500.00.

[Lea_HTH]

See my post with the questions in (post 12), and answer them as follows:

 

1.

2.

3.

Etc...

 

Until the answers are given in a readily accessible format, we are just going to be going back and forth trying to extract information. Most of the answers will be a figure, so don't add any extraneous information to the post you answer them in.

 

We will get there much quicker if you answer the questions first.

[Lola26]

sorry new to this ... head is all over the place...

-

From what I can gather the mortgage lender is stating that the total level of arrears is £10,746 - they do not give a breakdown of what are arrears or charges just a total figure