Redunancy, possession order, mortgage arrears

[ninethlife]

Hello,

 

 

A few years ago, you provided absolutely life-changing advice when I was facing eviction from my home. I have managed to keep everything going, with difficulty, for 4 years. On Friday, I was ambushed at work and told that my job was "selected" for redundancy. (I have to add that there are only two full-time employees now where I work....and one is the owner!) I would like to be forewarned as to how fast and how ruthless Mortgage Express is likely to be when my pristine payment record falters. Many thanks for your assistance.

[Bpool]

Ive been dealing with these recently. -Have a read of my story. - You will get some leway.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?423505-Mortgage-Express-and-Wallers.&p=4534216#post4534216

[Ell-enn]

Hi there, how much are the arrears & how many months does this represent ?

[Bpool]

On Mine The arrears were 1200 (2 payments) - one was from 2009. However its the way they try and hound you, and if you ever offer them a payment after an incoming and outgoing disclosure - ensure they are correct

[ninethlife]

Bpool, thanks for sharing your experiences. All info is helpful.

 

 

Ell-enn - you helped me the first time! I don't know what I would have done without your guidance and advice! Approx. 10 months.....over the past 4 years, I've whittled it down from the original 16 months. The total is now £16,685, with approx. 7 years to run on the mortgage.

[Ell-enn]

Hi there, how long have you worked for the company? (just trying to establish if you will receive redundancy payment).

[ninethlife]

Hi Ell-enn, I've worked there 4 years, 7 months and have a 12 week notice period written into my contract. My final meeting with the owner (as I said, the only other full-time person in the company) and his freelance HR person next Wed. (Although, he has hired two new part-time employees - one in January and one this month). Many thanks

[Ell-enn]

Have the new part time employees got the same job title as you ?

[ninethlife]

No, I am "sales and marketing", they are admin/customer service/packing. My boss states HE will now be taking over my role. (I think his HR advisor has ticked all the boxes to avoid repercussions) They've addressed the concept of "bumping" in their proposal, saying I wouldn't be satisfied with a "bump" to the less skilled, more junior, lower paid roles.

[Ell-enn]

So they've decided for you that you wouldn't be satisfied with the lower paid job? You should be given the opportunity to try the job first

[ninethlife]

I may have shot myself in the foot, because I commented that putting myself into a more junior role wouldn't "erase" my experience, rapport with key account customers, knowledge etc - so they would be getting the value of the job I do currently for a much lower price, which I said was unethical.

[Ell-enn]

At least you have 12 weeks notice so you will still be earning while looking for a job.

[ninethlife]

A long pause before replying to your last comment Ell-enn. Yes, I worked 12 weeks and received the statutory redundancy calculation. Fast forward 18 months and I am again facing eviction. I have started a full time job just last Monday. Last Saturday I received court papers saying that "permission is granted" to act on the suspended order from 2009. I am very upset because having been unemployed except for some occasional Temp work, I was in the process of preparing my house to sell it. It required some repairs and decorating, which I explained to the mortgage company. I had difficulty finding a builder who was able to do the work, so there has been a delay but I have kept them informed on a weekly basis. I have 7 days to respond to the order to ask for it to be set aside or changed. My new job will not pay the mortgage (which they knew) but they said they could put an arrangement in place as long as I was marketing the house. Instead, before I started my job, they went to the court without telling me and the order was made without a hearing. Once again, I come to your life-saving organisation and your good self for some advice and help.

[Ell-enn]

Hi there, I'm sorry to hear you find yourself in this position. A few questions :

 

Have you actually received an eviction notice ?

Have you completed the work on the house and is it on the market?

How much would you be able to pay each month until the house is sold ?

[ninethlife]

Today I have received at letter from Mortgage Express's solicitors "giving notice that the lender's agent has applied to the court for a warrant of possession against the property on 24/11/15". It also says "if you do not ask for a delay the Lender can go ahead to obtain the possession of this property". I could probably pay about £400 a month towards the mortgage payment that should be £1654.79 which is roughly what the DWP has been paying whilst I was on JSA. I have only been working for 6 days. The work is still going on but I have prioritised rooms that need photographing. The last remaining room is the downstairs cloakroom, which I intend to have finished within 2 weeks, as plumbing is involved. I just desperately want to be able to market the house myself and live in it until it is sold. Because of my age, this is my final chance to maximise any profit to allow my son and I to buy outright so obviously I need to realise sufficient for a small flat. If it goes into the mortgage company's hands they will achieve much less, I will have to resort to renting, and when that money runs out within a few years, I will be homeless in my 60's. I have had valuations by 3 estate agents who are ready to act quickly as soon as we are optimised for viewings (by the weekend). I was told to download a N244 but I don't know what grounds I can use to contest the permission granted to act on the possession order and I think I only have until Friday to submit it. Because my new job is shift work, my time for doing research is so limited. Thank you for any advice you can offer.

[Ell-enn]

Hi, if they have applied for a warrant then you probably have a couple of weeks to get a N244 application together. You will need to show the court that you have the house on the market, so you need to instruct an estate agent asap so you can provide the agreement with them and advertising material. You can then ask the judge to consider a reduced offer of payment until you get a sale. It's very unlikely you would get a judge to agree to suspend eviction without some proof the house is being actively marketed, but even them it's not guaranteed.

[ninethlife]

Hi, if they have applied for a warrant then you probably have a couple of weeks to get a N244 application together. You will need to show the court that you have the house on the market, so you need to instruct an estate agent asap so you can provide the agreement with them and advertising material. You can then ask the judge to consider a reduced offer of payment until you get a sale. It's very unlikely you would get a judge to agree to suspend eviction without some proof the house is being actively marketed, but even them it's not guaranteed.

 

Another question has arisen which I hope you can shed light on. The Court Order gives permission for Mortgage Express to enforce a Possession Order dated August 4th 2015 but I have not been notified of the application for a new Possession Order by either ME or the County Court. The original Possession Order was issued on August 4th 2009. I have heard something about Possession Orders expiring in 6 years...is this why they have "reapplied" on the exact date without telling me? Should I request a copy of the order from 4/8/15? Can I set it aside due to not being informed or offered the opportunity to defend against it?

[Ell-enn]

If there is a suspended possession order in place then the lender can apply to the court to enforce the order if the arrears are not being paid. Because the suspended order was made several years ago they have asked for the court's permission to enforce (i.e. an eviction warrant) and they should write to you telling you they are applying for an eviction.

Possession orders do not expire after a set period of time - they are only lifted when either the arrears are paid (and only then with the lender's agreement) or an eviction takes place.

[ninethlife]

Thank you very much for your prompt reply and clarification.

[Ell-enn]

Have you actually received an eviction warrant ?

[ninethlife]

No, not yet. The Order, made on Nov 5th, gives "permission to the Claimant to enforce order of possession dated 4 August 2015". As I mentioned earlier, the possession order that was suspended due to making an arrangement was dated 4/08/09. I'm assuming the mortgage company created a new possession order on its 6th anniversary? Or renewed it somehow? The order was made "without a hearing" and said any party affected could apply within 7 days of service for it to be "set aside, varied or stayed. In the N244 I emailed to the court on 27/11/15, I asked for it to be set aside due to the imminent sale of the property, pending completion of necessary repairs and redecoration. I sent you a PM tonight, saying that CAB advice was to request an "extension" rather than setting aside.....and I was asking for your advice on that. They also said to submit another N244 with different wording but I was afraid that would be deemed "too late". I would really appreciate your help, as I feel I need to action this one way or another tomorrow at the latest.

[ninethlife]

Do I need to include the "proof of marketing the house" along with the N244 form....or do I provide it at a subsequent hearing? Do I need to state what contributions I can make in the meantime....or again, do I provide that information at the hearing I'm requested?

[iconoclash]

Hi - I am in a similar position so posting in this thread, just let me know if it has to be moved - ta.

My repo order is six years old also, arrears were capitalised but I fell into small arrears last year and a suspended eviction order was granted. I am curious now as to what the position is regarding the old rep order and whether the lender will require a new application to enforce in its own right, yet, the eviction order (suspended) seems to be reliant upon the repossession order. Hope that is making sense. Therefore any applications for warrant should fail, provided the homeowner has the information and with the option for lenders to move directly to court there is an issue in this procedure for homeowners. ?

[honeybee13]

Hello campari2.

 

If you have specific questions about your own position that you would like answers to, please consider starting your own thread in the repossessions forum.

 

HB