Reppossesion Help Urgently needed - **Successful Outcome **

[Lola26]

I cant see your post with the questions in I am doing this right?

[Lea_HTH]

It's post number 12 on page 1 of this thread.

[citizenB]

I have brought the questions forward for you ..

 

 

 

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?

[Lea_HTH]

Thanks CB - I didn't think of that, clearly I've been working too hard today!

[Stevlynd]

Just wanted to wish you good luck for tomorrow.x

[Lea_HTH]

I am afraid I do not have all night, so if you want some help, can you answer the questions before 11:30.

 

Otherwise, good luck with the hearing tomorrow.

[Lola26]

1: around 6 or 7 !

2: paid last one in January this year - so 3 (but Kensington refused to take the payments) as I cldnt pay the 1,000.00 they wanted up front

3: November 2012 - I cant find the paperwork from last time and no statements since - £10,746.42 (?)

4: £10,746.42 (they do not state whether missed payments or charges - no breakdown

5: Yes - First mortgage - in arrears but this is sorted and being paid at an agreed and affordable amount and has been for last 18 months- have proof of this

6: Yes - current monthly instalment of £75.00 plus £250.00 agreed arrears (although if this could be reduced slightly this would help!) and cld pay the 1,000.00 on Tuesday on payday

7: on our main mortgage 156 months and second loan around the same amount of time

[Lea_HTH]

Answer 3 doesn't make sense in relation to answer no.1. The original SPO must have been earlier than November 2012.

 

How are the arrears exactly the same in Nov 2012 as they are today?

 

You should be provided with statements of your account - particularly when you are in arrears. Ask the agent who will represent the mortgagee at court tomorrow, to provide you with the statement. Once you have it, check to see whether it is actual missed monthly instalments (you said the CMI was only £75, so it shouldn't total more than £75 x no. of missed payments). If it does not, then I suggest you inform the judge that you are in dispute about the arrears figure as you believe it to be incorrect and cannot check as you do not have full statements (you need to inform the mortgagee that you'd like copies of all statements, but may need to send a SARN - subject access request notice - to them in order to achieve this).

 

I thought you said in an earlier post that the original loan was for £7500? Why on earth would you borrow that amount over such a lengthy period of time?

 

Are you sure the amount you are stating is arrears, is not simply the total outstanding on the loan?

[Lea_HTH]

And there were 14 questions, not 7.

Edited April 25, 2013 by Lea_HTH

[Lea_HTH]

If the mortgagee has refused to take payments since January, one presumes you still have all three payments available? If yes, then take proof with you to court tomorrow, and inform the judge that you offered to make payment but they refused it without the £1000. If you can no longer afford the £1000 (which seems to me like it might actually be the missed payments - or was this a specific amount in the judgment made by the judge at the last stay hearing?), then let the judge know this and say that you can afford to continue to pay the CMI plus amount towards the arrears.

 

Your strongest point would be putting them to proof over the amount of the arrears, as £10k of arrears on a CMI of £75 would mean you had missed nearly 12 years of payments - which is nonsense. Are you sure the arrears are 10k?

[Lola26]

1: I think the original SPO was in 2010! when we both lost our jobs

2: the letter of 11.4 states this is the total amount of arrears

3: we were advised by the mortgage broker at the time - we asked for a small loan for home improvements and foolishly we took their advice..

4: the letter states level of arrears - as you say we need a statement and which we will request tomorrow

5: I agree with what you say about the 10k arrears but we haven't had a statement (what a mess we are in>>)

 

sorry didn't see the 14 questions only 7 !!

[Lea_HTH]

Try not to panic tomorrow - I know it's daunting, but you have been there before, so you at least know what to expect.

 

What you need to do tonight is type up a statement to hand to the usher, to give to the judge, before your hearing, so that he/she has a chance to read it. If the usher can't do that then hand it to the judge when you go in.

 

The statement should include the following.

 

1. You acknowledge that you have not made the £1000 payment ordered at the last hearing, and had been frustrated in your attempts to pay the CMI plus amount towards the arrears as Kensington(?) had refused to accept the latter without the former payment being made, and as a result you had missed three payments under the previous successful stay application.

 

2. You still have this money (if you don't have it, then don't include this point), and you are willing to pay it as soon as Kensington are willing to receive it.

 

3. You can afford the CMI plus X towards the arrears which will clear the arrears in X number of years and months (divide the total amount of arrears by the amount you are paying towards them - e.g. 10k divided by 250).

 

4. However, in respect of the above, you are in dispute as to whether the amount of arrears stated is correct as the original loan was for 7500, and the original CMI was 75 per month. As a result, if the arrears figure stated were accurate, this would mean that you had missed almost 12 years of payments. This is not possible as the loan was taken out in 2008,

 

5. You respectfully ask the judge to consider adjourning the stay application and staying the warrant in the interim, and during that adjournment Kensington should provide full statements detailing exactly how much the arrears are, how many months are missing, and what are charges on the account.

[Lea_HTH]

6. You are willing to pay the CMI plus X towards the arrears during any adjournment period as you are aware there are at least some arrears and would like to continue to reduce these.

[Lea_HTH]

I think that's it. I will be online for approximately 10 more minutes (my partner is getting very peeved!), so if you have any questions, ask them quickly!

[Lola26]

just wanted to say a big thank you for all your advice (and from everyone) its is greatly appreciated > I will post to let you know how we get on ..fingers crossed and please apologise to your partner..

[Lea_HTH]

No problem at all. I am sure it will be all right tomorrow.

 

(PS He's well used to coming second!)

[Desperate Daniella]

Really hope you are feeling more confident now, Lola, and that things go well for you tomorrow.

 

I don't know if this is the shortest timescale that Ell-enn and Lea have had to advise on how to avoid a repossession/eviction but it has to be close.

[Lola26]

feeling a little more confident after all the advice given and you really don't know how much it is appreciated. All I can say to you all and to Ell-enn and Lea a big thank you from the bottom of my heart for all their advice where others wont give it ..fingers crossed...just want to make sure we are fully prepared for tomorrow so will be up for a while yet !. (a big mug of coffee should keep me going for a while at least) thank you all once again. Lola26

[citizenB]

Best of luck for today, Lola. Please come back and let us know what has happened.

[Lea_HTH]

I don't know if this is the shortest timescale that Ell-enn and Lea have had to advise on how to avoid a repossession/eviction but it has to be close.

 

Nope, regularly do this at the door of the court, five minutes to spare, negotiating with the mortgagee (they always refuse), and putting a good argument to the judge. As long as the person can afford the CMI plus something towards the arrears that will clear them within the term of the loan, the judge WILL stay the warrant (or in the case of a first hearing, adjourn on terms or grant a suspended possession order on terms). No one wants people to lose their homes, no matter how it seems, if there is a chance that they will be able to pay.

 

Lola, good luck - if your local court is anything like other courts, you may have a bit of a wait past your hearing time before you go in.

[Desperate Daniella]

Oh I am sure you do at the Court door. I was just wondering if this was the closest-to-the-deadline request on CAG?

 

There are two things I think are absolutely outrageous here.

 

By refusing to take any payment Kensington made Lola's arrears far more than they needed to be. If she had posted in a cheque (not via the arrears/legal department), surely a cashier would have cashed it rather than have sent it back. Or in cases where the bank or building society has high street branches surely a cashier would not have refused to accept a cash payment? Were Kensington breaking any code of practice guidelines by refusing to let Lola reduce the arrears?

 

Secondly, it is absolutely ludicrous that people can lose their homes for £1,000, which is a lot of money if you don't have it or can't raise it at a specific time, but circumstances can change for the better. On the other hand £1,000 is a very small amount to a bank and building society yet they are able to take someone's home, often when there is considerable equity in the property. Surely there should be a minimum amount of arrears outstanding before repossession proceedings can start, say £5,000?

 

Obviously this would depend on the value of the property and the mortgage outstanding, but it is ridiculous that a mortgagee can take a house where there may be equity of £100,000 because there are arrears of £1,000. If there is a minimum of say, £50,000 equity in a property, it would be much fairer to add the outstanding arrears to the loan, subject to the borrower being able to keep up with future mortgage payments.

[citizenB]

Daniella, I agree with your comments regarding the amount at which repossession or a charging order can be made. You might want to sign this petition in respect of just that !!

 

http://epetitions.direct.gov.uk/petitions/48464

[Lola26]

Good news everyone, the judge ruled in our favour:-D. If it wasn't for all your help and advice I don't know where we would be ! We have even managed to reduce the payment of the arrears by 50.00 which is more manageable. The solicitor for the lender was instructed to appeal if it went in our favour but the judge ruled that they couldn't appeal. We cannot thank you enough for all your help and advice. Lesson learnt - in future all correspondence will be done in writing as Kensington denied that we had been calling to make arrangements and even denied not accepting payments, which is a lie. We went to the court and handed the clerk the additional statement that Lea advised us to do, with a statement of income & expenditure & copies of everything we had, which helped tremendously. I think I could cry with relief....THANK YOU SO MUCH. We even found out that we had PPI which we weren't aware of totalling 994.00. looking in to sorting this out as well.. We are also looking into how to apply for a variation of payments under the attachment to earnings as the judge even stated this was a ridiculous amount , although the people behind the desk didn't know which form we needed!. Onwards and upwards from here :thumb:Lola26 (sorry for the long message )

[Desperate Daniella]

Lola,

 

I am so thrilled for you. Just goes to show how life can change completely in 24 hours!

 

The judge sounds as though he could see what they had done, and that it wasn't fair.

 

Get going on reclaiming the PPI but in the meantime have a really lovely weekend.

 

DDxx

[Desperate Daniella]

Daniella, I agree with your comments regarding the amount at which repossession or a charging order can be made. You might want to sign this petition in respect of just that !!

 

http://epetitions.direct.gov.uk/petitions/48464

 

Signed. Because it is absolutely outrageous.