URGENT HELP!! Shared ownership eviction 9th July!!!!

[caro]

The HA have to have separate accounts for your rent account and court costs, and can only claim using arrears on rent. Their legal costs aren't likely to be massive.

 

£2k is quite a significant amount for 50% rent and must have taken a while to accumulate. Have you been paying anything off them?

 

Were the £15k arrears for the mortgage or rent?

[Jaye05]

The HA have to have separate accounts for your rent account and court costs, and can only claim using arrears on rent. Their legal costs aren't likely to be massive.

 

£2k is quite a significant amount for 50% rent and must have taken a while to accumulate. Have you been paying anything off them?

 

Were the £15k arrears for the mortgage or rent?

 

The legal costs are just shy of 1000. I've had some personal issues with my now ex partner which I don't want to go into on here.

[Jaye05]

Sorry the 15k stated on the suspended order is for mortgage but according to them I'm only £600 in actual arrears

[Jaye05]

I've check a mortgage statement for the year 13/14 and the outstanding balance has doubled

[unclebulgaria67]

You need to get to the bottom of where this £15k comes from, as if that was advised to the court previously when the suspended possession order was granted, then it needs to be corrected if it is wrong.

[Jaye05]

I'm waiting for a callback from them now!! But since the suspended order it is now showing 19k in my account and all payments have been made as per the order.

[Ell-enn]

They cannot add their charges to your arrears in a possession claim. Arrears are missed monthly payments only

[Jaye05]

Which appears is what they've done as it has already increased by 4k since November and I've been paying!! Would you note this on the N244??

[Ell-enn]

Absolutely - you should state " I wish to bring to the court's attention that I cannot reconcile the arrears total the Claimant pleads as they appear to contain late payment charges and are therefore not a true reflection of the arrears situation"

[Jaye05]

Brilliant thank you so much, I know it's not related to the rent arrears but is the whole reason for the suspended possession order!! I've photocopied the last 2 years statements to include also

[Lea_HTH]

You seem terribly confused...you say the eviction notice is for rent arrears, but the documents you posted up indicate that it is the mortgagee who has issued the warrant - and that ties in with the fact you state the mortgagee holds a suspended possession order.

 

I suspect what has happened, is that the mortgagee has in fact paid your rent arrears and are now claiming possession on the basis of that payment they made, being arrears (which they are legally entitled to do in shared ownership issues such as yours), albeit the vast majority of mortgagees would pay such arrears and add them to the mortgage account.

 

You need to be a bit clearer on what your actual situation is, as I suspect it is the lack of clarity on your part that is causing those who are trying to give you advice (CAB etc) to be so confused about what is going on.

 

If the eviction was due to rent arrears, the claim would be from the housing association - you have not stated they have taken previous possession proceedings against you, therefore it is impossible for them to execute a warrant and have the bailiffs issue the eviction notice. It stands to reason, therefore, that the warrant was executed by those who do hold a suspended possession order, the mortgagee, and that it is they who are seeking to gain possession.

 

You can't apply for a stay unless you are clear on what you are asking the court to do - and to be clear you need to know who you are trying to stop...the housing association, or the mortgagee.

[Jaye05]

I was confused initially as when I first called the mortgage co upon receipt of rhe notice they told me they did not know that this had been issued and that the incorrect form had been sent by the solicitor and should have been for an owner/occupier and not tenant/occupier.

 

I have now found out that it is indeed the mortgage company seeking possession based on rent arrears which they have consolidated. What I am concerned about is the amount of interest and charges that have been added onto my account since the suspension in November.

 

Seems like all is lost then

[Jaye05]

The suspended order is a joint one between the mortgage and housing association. Although at the time of the hearing the solicitors failed to add the HA and had to get the order amended.

[Lea_HTH]

The suspended order is a joint one between the mortgage and housing association. Although at the time of the hearing the solicitors failed to add the HA and had to get the order amended.

 

There is no such thing as a 'joint suspended possession order' - each party would have made their own claim for possession under their own grounds, which means that there are two suspended possession orders on the property, however, as the mortgagee has paid off your rent arrears, it is they who are executing the warrant on their SPO, not the housing association.

 

This does indeed mean that all is not lost, as the court will allow your stay IF you can afford the monthly mortgage instalment (which will be higher if they have capitalised the rent arrears) plus an amount towards the arrears. The process for applying for a stay is now as straightforward as it is for any other eviction warrant relating to mortgage arrears.

 

Your problem arises if you can't afford CMI plus a Norgan compliant amount towards the arrears. Your repeated failure to keep up with both the rent and the mortgage payments means that affordability is going to raise its head (expect the mortgage company's legal rep to state as much), and if it can be shown that you simply can't afford to make both payments, then you are scuppered and your stay application will be dismissed.

 

You need a full income and expenditure showing affordability.

 

If you're on a low income, you can claim housing benefit to help with the rent - and if you are unemployed, you could apply for statutory mortgage interest payments from the DWP...you have to have been unemployed for 13 weeks before claiming.

[Jaye05]

When I attended the suspended possession hearing the solicitors wrote approximately a month after to advise they had not added the HA onto the order, the mortgagee also told me that they were both on this order so they've given me incorrect info somewhere.

 

I currently pay and extra amount agreed by the court and is it worth adding extra??

 

As per Norgan there is 22 years left and at the rate of arrears I'd be looking at an extra 57 per month. I already pay 100 and haven't missed this since the suspension order. The mortgage arrears currently stand at just over 600 and that was confirmed today so the 15k is largely made of rent arrears paid by them, charges and interest. I have asked for a full breakdown.

 

I will be stating on the N244 the above paragraph Ell-enn quoted as I do believe they have added something else in there especially as my current balance has gone up 4k despite sticking to the agreement on the mortgage side.

[unclebulgaria67]

Think you will have to evidence that you can afford the new mortgage payments including added rent arrears, plus the rent payments to the HA going forward. You could ask the court for time to work with the mortgage company to look at affordability, as you have had a lack of information from the mortgage company as to what they have been doing.

[Jaye05]

Yes this is what I worked out with CAB have the budget sheet that they did to file with the N244.

 

My main concern is that I have the correct form as it's totally different to the ones shown on here and other websites.

 

I got it directly from the court. I will be speaking to the personal support unit based in the court before filing just to make sure.

[unclebulgaria67]

Yes this is what I worked out with CAB have the budget sheet that they did to file with the N244.

 

My main concern is that I have the correct form as it's totally different to the ones shown on here and other websites.

 

I got it directly from the court. I will be speaking to the personal support unit based in the court before filing just to make sure.

 

I think the form is slightly different court paper copy versus online version

 

What confuses me about the situation is the amount of rent arrears that appears to have been added to the mortgage, when you have not mentioned receiving letters and statements showing this. If that has happened, I cannot believe the mortgage company have followed a legally compliant process and this may help you. Surely they had to issue you with some form of warning letter or notice, before adding the rent arrears to the mortgage account.

[Lea_HTH]

When I attended the suspended possession hearing the solicitors wrote approximately a month after to advise they had not added the HA onto the order, the mortgagee also told me that they were both on this order so they've given me incorrect info somewhere.

 

To be fair, given your apparent confusion, it's more likely you have misunderstood than that they have given incorrect information. The fact is that the claims for possession would HAVE to be made separately, as the grounds under which each party could claim are vastly different and bear no relation to each other. It sounds as if they both made a claim and sent separate claim forms to you - look through your paperwork and check. Though at this stage it's largely immaterial as it is the mortgagee that issued the warrant (best option for you).

 

I currently pay and extra amount agreed by the court and is it worth adding extra??

The amount you pay was calculated on the basis of your previous mortgage arrears, not the money that they now seem to be claiming for (the extra from the arrears they paid). So yes, you will probably have to pay more to satisfy the court.

 

As per Norgan there is 22 years left and at the rate of arrears I'd be looking at an extra 57 per month. I already pay 100 and haven't missed this since the suspension order. The mortgage arrears currently stand at just over 600 and that was confirmed today so the 15k is largely made of rent arrears paid by them, charges and interest. I have asked for a full breakdown.

You may not have missed any mortgage payments - but did you miss rental payments? According to you, the HA also has an SPO, which means you would have been ordered to pay the rent plus an amount towards the rent arrears.

 

I will be stating on the N244 the above paragraph Ell-enn quoted as I do believe they have added something else in there especially as my current balance has gone up 4k despite sticking to the agreement on the mortgage side.

They may well have done - but you have neglected to post any figures whatsoever, so no one here can give you anything close to accurate advice.

 

 

1. How much were your rent arrears when you were taken to court in November 2014?
   
2. How much were your mortgage arrears when you were taken to court in November 2014?
   
3. How much is your monthly mortgage payment?
   
4. How much is your monthly/weekly rent payment?
   
5. Have you consistently paid both the mortgage and the rent, and any amounts towards the arrears since Nov 2014?
   

Someone has mentioned the mortgage company not informing you about them paying the rent arrears - under a shared ownership contract, they don't have to tell you in advance, merely inform you afterwards that you now owe X - it is part of your contract with the mortgagee and part of your contract with the HA that the mortgagee will have the option to pay any rent arrears.

[Jaye05]

The N244 has been filed hearing on Monday. I've done all I can now and thank everyone for their guidance. I did put a request to be able to stay in the property for a reasonable time should the arrangement be refused but not even sure this is an option

[Jaye05]

Just home from court!! Suspended again at the same rate as previously plus some towards rent arrears!! The HA didn't even send a representative. Now I can get in and claim all those ridiculous charges back which will bring down the outstanding balance significantly!!

 

Thanks for all your help again (I didn't require help in terms of figures just filling the form in which is why I didn't post them up)

[honeybee13]

That's excellent news, well done you.

 

HB

[Ell-enn]

That's great news, you must be relieved. Make sure you keep up the payments - make payment a few days before the due date if possible. If you miss a payment they will apply to evict again.

[Jaye05]

Thank you both!!! Now the ex is never coming back to abuse me both mentally and financially I will be able to do this!!!! And I will definitely be going to the FOS over Acendens extortionate charges.

[caro]

Well done.