home already been repo'd - Is there any hope of getting it back?

[middlechild]

Hello. I am new to this forum.

I wish I had joined ages ago.

Please bear with me because the full explanation of my situation is quite lengthy.

 

The mortgage start date was 24/01/2008.

No payment was missed until 07/2011.

I had gone to university in 2009 as a mature student to pursue an undergraduate degree.

I was working around my studies

 

 

when that contract ended, it was difficult to find other employment due to the recession.

I was only able to get two short-term contracts during the whole three year period.

 

 

A repossession order was issued in June 2012.

The order was suspended in September 2013 following an eviciton notice, my filing the N244, and a hearing.

I was in employment and could afford to pay enough to cover payments and arrears by the end of the mortgage term.

I kept to the arrangement for a full year but problems resurfaced

when I went back to school for further study in September 2014.

 

It should be noted that I secured part-time employment before resigning from my job to resume further study,

aware that my monthly mortgage payment would soon reduce by over £500

due to my having paid off one ‘Element’ of the mortgage in full

which meant I would be able to get by for the 1 year duration of the course.

 

 

I however had to cancel the Direct Debit because my mortgage lender failed to amend the payment amount despite my communication with them, and attempted to take payment of the same amount as previously on two occasions.

 

 

All this was explained in detail on an Application to Suspend the Warrant of Possession which I filed on 06/08/2015,

but a hearing never took place because I came to an agreement with my mortgage lender.

 

Under the new agreement, I was supposed to start making payments on September 2015.

At the time, my course had ended and my part-time employment had become full-time.

I changed my bank, had a few problems and missed that payment.

I explained this to my mortgage lender in October.

 

 

However, the real problem arose because I left the job shortly after due to some internal changes after a company takeover.

I was not fired and therefore did not know how to communicate this to my mortgage lender,

especially since I had no other means of making payment.

 

 

I was also sure I would secure another job quite quickly

it turns out I did not start a new job until the beginning of January 2016.

Meanwhile, I had received an eviction notice sometime in Decebmer 2015.

 

I filed an Application to Suspend the Warrant of Possession on the morning of the eviction

and had an emergency hearing (9th February 2016).

 

 

The judge was extremely dismissive.

It was as if he had decided I was simply irresponsible.

He was not even interested in my new job or ability to make the payments going forward.

 

 

He dismissed my case on the basis that I had a bad payment record

and he was not convinced I would keep to a new agreement.

 

 

He also mentioned something about credit card debts

which I had included in the "creditors" section of the Income & Expenditure form.

 

 

He said my numerous credit card debts contradicted my statement that I live a simple lifestyle

and he therefore did not accept that I could live on the amount stated on the form.

 

The credit card debts are not new and have nothing to do with my lifestyle.

They were incurred during my undergraduate degree.

I told the judge this but he did not care.

 

 

Credit card statements will demonstrate that that level of debt did not exist prior to 2009,

but started and gradually grew during the period of study (mainly accommodation costs).

 

These credit card debts have been included in the "creditors" section of every Income & Expenditure form

I have submitted from the very beginning.

 

 

They were there in September 2013 and during the full year that I was paying £1350 per month.

My mortgage lender obviously did not have a problem with them when coming to that agreement

and did not have a problem with them in August 2015 when agreeing that I should pay £1493.97

starting from September 2015.

 

They do not seem to care that this was partly their fault.

Had they adjusted the payment amount when they should have,

I would have continued to make payments under the first arrangement up until October 2015.

 

 

Now they are adamant that the only way I can get the property back

is if I pay the mortgage balance in full, not just the arrears.

 

Amount outstanding on mortgage - £50,469.71

Arrears - £24,541.81

Property value at last valuation - £105,000 (1 bed flat)

Remaining mortgage term - 2.5 years

 

Is there anything at all I can do? It has now been 6 days since I was evicted.

 

Thanks in advance.

[unclebulgaria67]

Might be worth speaking to Shelter or other charity that deals with housing issues. Perhaps they deal with repossession issues and will have experience to inform you whether it is possible at this late stage to get the repossession overturned.

 

Given the amount of arrears and other debts, it does seem unlikely.

 

You also need to consider your financial position going forward, as to whether there will be any debt when the mortgage company sell the flat. If there is any shortfall debt, which will include all fees incurred by the mortgage company in maintaining and selling the flat, they will chase you for it. As this is getting into confidential financial information, you might be wise to speak Stepchange or National Debtline about ways to deal with debts going forward. Depending on income and ability to pay debts, there may be debt relief options that need to be considered.

[middlechild]

Hmmm. Thanks unclebulgaria67

[Ell-enn]

Hi there, you could only appeal an eviction to a higher court if the county court judge has made an error in a point of law or process, so there is no point in considering that avenue. The judge made the order based on your record of payment of the mortgage and affordability.

 

The only other option would be to offer to pay all the arrears, and show you would be able to maintain the mortgage payments going forward, but given your payment history it's almost a certainly they wouldn't agree.

 

I'm sorry, but unfortunately I can't see any way for you to regain your property

 

Have you taken advice from Shelter or any other charity i.e. Christians Against Poverty ?

[middlechild]

Hi there, you could only appeal an eviction to a higher court if the county court judge has made an error in a point of law or process, so there is no point in considering that avenue. The judge made the order based on your record of payment of the mortgage and affordability.

 

The only other option would be to offer to pay all the arrears, and show you would be able to maintain the mortgage payments going forward, but given your payment history it's almost a certainly they wouldn't agree.

 

I'm sorry, but unfortunately I can't see any way for you to regain your property

 

Have you taken advice from Shelter or any other charity i.e. Christians Against Poverty ?

 

Hi Ell-en, thanks for responding.

 

I did make that offer but they said no. Here is an extract from a letter sent to me yesterday as an e-mail attachment

 

"We advise that the bank took possession of your property on the 09/02/2016 and as a result of this we will require the full balance of the mortgage to allow you to have the property back.

The approximate balance of your mortgage is £50,469.71.

At this stage of the process we would not be able to come to any arrangement with you, we would require the full balance of the mortgage".

 

I have not yet contacted Shelter. I have actually never heard of Christians Against Poverty. Phone calls tomorrow.

[stuckinarut11]

Hi Ell-en, thanks for responding.

 

I did make that offer but they said no. Here is an extract from a letter sent to me yesterday as an e-mail attachment

 

"We advise that the bank took possession of your property on the 09/02/2016 and as a result of this we will require the full balance of the mortgage to allow you to have the property back.

The approximate balance of your mortgage is £50,469.71.

At this stage of the process we would not be able to come to any arrangement with you, we would require the full balance of the mortgage".

 

I have not yet contacted Shelter. I have actually never heard of Christians Against Poverty. Phone calls tomorrow.

 

 

Hi have you had any luck with this today?

[middlechild]

Hello. All Shelter could tell me was that I need to talk to a solicitor about whether there had been oppression or abuse of process in my case. To be honest, I do not believe there was either. However, I do believe that the DJ misinterpreted the facts of my case. All he could see was "multiple" warrants for possession. He did not seem to realise that NatWest should not have applied for the second warrant in the first place and the reason they cancelled the eviction and the hearing did not take place was most likely because from the information I provided on the N244, it was clear they were at fault. I think it was a day before the eviction that they rang me to come to an agreement. I cannot remember exactly but I know it was really close.

 

I had written a letter to NatWest during the week my course started (w/c/ 15 September 2015) and subsequently received a reply dated 6th November 2014 confirming that my monthly payment would reduce "substantially". The new monthly payment amount was however not stated, even though the Element in question had been paid in full one month before the date on their letter.

 

My first indication of the new amount was from the quarterly mortgage statement issued on 21st May 2015 and this new monthly payment amount of £818.56 was confirmed to me over the phone in early June 2015. I had made a proposal to NatWest by e-mail in May 2015 to settle the missed payments and attached a completed and signed Direct Debit mandate for payments going forward but my proposal was rejected. I was told that I had to offer more, as close as possible to the total arrears, for my proposal to even be considered. Unfortunately, I was unable to raise such

funds.

 

Toward the end of June 2015 (I think it was 28 June), I made a payment of £3550 using the Online Repayment Service in hope that they would change their minds. According to my calculations from the quarterly statements, missed payments totalled £4888.30 and I was actually planning to pay the remainder within the next few day but was told in a telephone conversation that I should not make any payments, that I had to make a proposal to pay a larger amount (as close to the total arrears as possible) and see if it would be accepted. As I did not want to throw the little money I had away (i.e. make payment and end up still being evicted) I did not pay the remaining £1338.30 but started compiling what I needed for the application to suspend the warrant which I posted on on 3rd August and which was received and filed on 6th August 2015.

[middlechild]

Hello again. I have two queries

 

Firstly:

I have just read the following on Shelter website and I am a bit confused.

After repossession, you are responsible for paying your mortgage until your home is sold.

 

Your payments include:

ongoing mortgage and interest payments

buildings insurance

penalty charges for missed payments

maintenance

arrears charges

The amount you owe could increase even though you can no longer live in the property.

 

I don't think Shelter would put it on their website unless it was accurate info. I was however totally unaware if this. What should I do? Make monthly payments as if I were still in the property?

 

Secondly:

I know it seems that I am flogging a dead horse because it was just 3 days after eviciton that my lender sent me that letter saying they would not be able to come to any arrangement with me and I would have to pay the balance in full, but has anyone had an experience of getting their lender to change their mind? Has anyone heard of this ever happening?

 

Thanks in advance.

[middlechild]

Hello again. I have two queries

 

Firstly:

I have just read the following on Shelter website and I am a bit confused.

After repossession, you are responsible for paying your mortgage until your home is sold.

 

Your payments include:

ongoing mortgage and interest payments

buildings insurance

penalty charges for missed payments

maintenance

arrears charges

The amount you owe could increase even though you can no longer live in the property.

 

I don't think Shelter would put it on their website unless it was accurate info. I was however totally unaware if this. What should I do? Make monthly payments as if I were still in the property?

 

Secondly:

I know it seems that I am flogging a dead horse because it was just 3 days after eviciton that my lender sent me that letter saying they would not be able to come to any arrangement with me and I would have to pay the balance in full, but has anyone had an experience of getting their lender to change their mind? Has anyone heard of this ever happening?

 

Thanks in advance.

 

Oh, one more question. If they insist on the balance in full and I am able to pay half immediately, will they accept this and give me time to pay the remaining half?

[Ell-enn]

You could try offering it but don't be surprised if they refuse.