Eviction Date Received - 24th Feb

[Sharkyb]

So it's happened. After agreeing to over pay my mortgage to make up some of the arrears I fell behind again with the payments due to a number of family based issues. I've also started seeking help for a gambling addiction which has come and gone several times over the last few years. I tried to handle it on my own and failed.So basically I'm after advice as to what to do next. I know about the form I can fill in to go to court to try and avoid the eviction or at least postpone it or am i wasting my time? Sorry feeling a bit low, but I'm hoping I've left myself time to tackle this one way or another.I CAN afford to keep paying my Mortgage but do I tell them about my addiction problems or will that not help at all/will they use it against me if i go back to court?I was actually looking to sell my flat and rent within the next 6 months - would they be open postponing the eviction on the undstanding that I do that do you think?Or am I just going to have to ring and ask?Thank you in advance for any advice.

[Sharkyb]

Update:

 

I rang the mortgage company today. They want me to do the income expenditure with them again. They also suggested I find out what similar flats are selling for and ring them back tomorrow.

[Sharkyb]

Update:

 

Rang back today. Got a far less .... Understanding... Rep on the phone. Basically wanted proposals from me rather than my income/expenditure. Had to really push him to take everything does and pointed out it was THEM who wanted it. Wanted to go over EVERYTHING again that I'd discussed yesterday even though she supposedly took notes.

 

He now wants to talk things through in more detail and suggested I think of some proposals for them. Any ideas if any of these would be ok?

 

1. Agreement of the original arrangement from sept of £500 over paying of mortgage for 6 months then reviewed

2. The above for 6 months whilst I sell the flat

3. The arrears - 12k - is spread over the remaining term of the mortgage - 18 years.

4.???

 

Any advice/thoughts appreciated

[Pleasehelpme26]

Hiya,

I'm no expert, I've only had a bit of experience with the repossession/eviction process.

I think perhaps you need to decide what you would like to do. Either stay and make a payment offer in addition to your cmi to clear the arrears. Or sell it. If you are going to sell the property, I would get it valued and on on the market very soon. Are you paying £500 just to clear arrears or does that include your instalment?

Which mortgage company is it?

[Sharkyb]

Normally mortgage is 510 - original overpayment to clear arrears was another 500 on top.

 

HSBC mortgage

 

Thanks

[Pleasehelpme26]

£500 is a very good amount each month to clear the arrears. Make sure you can afford that before making your offer.

[Sharkyb]

It was the amount from the arrangement made in sept. They're not that keen as I didn't manage to stick to it.

 

1. I was hit with a council tax bill I thought had been paid which had to be repaid over two months

2. My gran was taken to hospital after a fall and my grandad who's registered blind couldn't look after himself. I gave them money over a few months to help.

 

I've told HSBC this. They remain sceptical shall we say.

 

My next tough choice is how much to pay them before I have an agreement in writing. For example if I make a decent payment this month - say the full 1000 and they still evict me I have nothing to help me move - does that make sense?

[Pleasehelpme26]

When is the payment due? Have you received an eviction date? And whatever your offer is, make sure you can afford it .

[Sharkyb]

Eviction date 24th feb.

 

Normal payment date is the 5th

[Pleasehelpme26]

Are you wanting to stay in the property? Do you have a suspended possession at the moment ?

[Sharkyb]

Hi

 

Sorry it's been a while since I replied.

 

I've been trying to negotiate with HSBC but with no luck.

 

We are up to:

I have requested they spread the 12k arrears over the remainder of the term.

I have offered repayments of 300 over the monthly amount

I have stated that I will sell the property over the next few months

 

They have rejected this and still want full arrears. They say due to the irregular payments they're not convinced I'd keep to an arrangement.

 

So it looks like court next

[Pleasehelpme26]

Hiya,

Well you need to get your form N244 into the court ASAP. I'm hoping one of the experts will see this and help you with that. It's up to the judge but you need to make sure you can prove you can pay the cmi plus the £300. Did you do this on your last payment? Might be worth getting the house valued as well.

[f16]

Pleasehelpme26 if you require urgent advice you can alert the site team to the post by clicking on the triangle bottom left.

Sorry if you are aware of this. No offence intended

[caro]

If you can show a court that you can pay over the normal mortgage payment it is almost certain you'll keep your home.

 

You must be realistic about what you can afford because you have to be able to pay in full and in time to prevent this happening again. Am I right in assuming you want to stay where you are or do you plan to sell anyway?

 

Have you completed a budget sheet?

 

I wouldn't bother to keep phoning.

 

On another matter, are your grandparents getting all the benefits they're entitled to? Age UK may be able to advise on this.

[Pleasehelpme26]

Pleasehelpme26 if you require urgent advice you can alert the site team to the post by clicking on the triangle bottom left.

Sorry if you are aware of this. No offence intended

 

Hello,

No I wasn't aware, thanks so much. I can only offer limited help.

Is the triangle on the full site and I can't see it on my phone.

Thanks

[honeybee13]

Hello,

No I wasn't aware, thanks so much. I can only offer limited help.

Is the triangle on the full site and I can't see it on my phone.

Thanks

 

Hello there. You can't always see all the controls on a phone at the moment, sorry. It's in the grey strip at the bottom of every post normally.

 

HB

[Pleasehelpme26]

Hello there. You can't always see all the controls on a phone at the moment, sorry. It's in the grey strip at the bottom of every post normally.

 

HB

 

Thank you

[Ell-enn]

Hi there, do you need help with submitting your N244 application to the court for a hearing to stop the eviction?

[Sharkyb]

Hi there, do you need help with submitting your N244 application to the court for a hearing to stop the eviction?

 

Hi Ell-enn

 

I've found some of the advice and examples so I'm going to have a go and see how I get on. Not sure what my chances are in court as HSBC weren't particularly keen to help saying I'd left it too late and they'd want the full arrears. I've told them several times that I can't do that.

[Sharkyb]

If you can show a court that you can pay over the normal mortgage payment it is almost certain you'll keep your home.

 

You must be realistic about what you can afford because you have to be able to pay in full and in time to prevent this happening again. Am I right in assuming you want to stay where you are or do you plan to sell anyway?

 

Have you completed a budget sheet?

 

I wouldn't bother to keep phoning.

 

On another matter, are your grandparents getting all the benefits they're entitled to? Age UK may be able to advise on this.

 

I'd like to stay for the time being but I will be looking to sell in the next 6-12 months I'd say.

 

I've done a budget over the phone with HSBC - I'm assuming I'll have to do another for court

[Ell-enn]

Hi, have you read this guide 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 N244 - you can download the budget sheet and N244 form from the second post in the guide thread.

 

If you are unsure of anything please ask - happy to help

[caro]

Don't worry too much about what HSBC want. It's for the judge to decide not them.

[Sharkyb]

Don't worry too much about what HSBC want. It's for the judge to decide not them.

 

Maybe but they make you think like they're right and I'm gonna get laughed out of court. Pay the 12k or move out

[Pleasehelpme26]

They intend to make you feel like that. Judges are fair; the mortgage company can want all they like...

[f16]

Maybe but they make you think like they're right and I'm gonna get laughed out of court. Pay the 12k or move out

 

Sharkyb I agree with #24. There is every "weapon" at your disposal ( no insult intended refering to other CAGGERS or Site team as "weapons) in helping you to complete the N244. We're all here to help.

With the right defence you won't get" laughed out of Court or pay the 12K in one hit.