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If you can offer the mortgage instalment and something towards the arrears, make an offer to the mortgage company, they will likely want to see a breakdown of your income and expenditure, so if you already have one, send it in to them.

 

Once you have made the offer, make sure you detail the offer in the defence form.

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Questions that come to mind - you refer to a form in the reply - where do in get this form from?

 

Also the Mortgage company wants me to deal with the solicitors and not with them.

 

Secondly - what happens if the decline the proposal ?

 

thirdly - i was thinking that i would like to offer them the full 901 each month but i want the arrears to be added to the rest of the mortgage.

 

Both the Mortgage and the solicitors that they have been using have been of no help what so ever. the level of diconect between the two is astonishing! they don't know what the other is doing.

 

in doing so the demostrate a lack of professionalism and courtesy in dealing with clients that have real issues.

 

Is it any help to complain to the Financial Omnibusman?

 

I really think that something is really wrong here

- i mean not to repeat myself here but i agreed terms of a reduced payment with them last May, after a long battle of letters phone calls

- they lost my income/expenditure form 3 times!

 

 

no one at Future Mortgage could offer any real help or advice, untill a letter dropped on my door matt by this solicitior informing me that thir client was moving for the repo of the property.

 

 

So i secure my reduce payments - i manage to get a better paid job, i increase the payments, from 450 to 700. all goes quiet and then i get the letter again from the solicitor with court dates for the hearing.

 

Its utter disgusting..

 

yes, i do know that i owe them 8K in arrears yes, they have reason to be unhappy with me. But i would like to take this opportunity if i get to court to expose the treatment that i received from these worthless worms.

 

I'm not sure if i'm right in doing this, hence why i want advice. What i would like to put in place is a robust defence for myself, but i guess since this is my first time i'm not sure how everything unfolds, i'm not sure if the judge is of sympathetic nature or if like in many other walks of life you are just a number - and the word next rings in ones hear...

 

sorry for the rant - and long post. i'm utterly tired.. lack of sleep working twice as hard with the recession going on and of all sectors i'm in finance as well so you can imagine how shaky the ground is..

 

please feel free of helping out with advice - i keep on checking the site for a bit of hope. thank you

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Questions that come to mind - you refer to a form in the reply - where do in get this form from?

 

You should have received a defence form with the notice of hearing from the Court. If not you can get a copy of the defence form and complete it and return it from the HM Court Service Website

 

Also the Mortgage company wants me to deal with the solicitors and not with them.

 

Secondly - what happens if the decline the proposal ?

 

I would write to both of them, it is likely that the solicitors will pass the offer back to the lender anyway.

 

From recollection your arrears were around £8k, and you can afford £50 towards this. This would take 160 months or 13 years 4 months to clear the arrears. If they decline the proposals and you have longer than 13 yrs 4 months remaining on the mortgage, the judge will likely accept this under a suspended order.

 

thirdly - i was thinking that i would like to offer them the full 901 each month but i want the arrears to be added to the rest of the mortgage.

 

This is really dependant on each lender, some will agree to it, some will not. Some may ask you to show you can pay the new higher mortgage for a period of time before they agree to this. I would suggest you ask if this is a possibility, but recommend you pay whatever you can towards the mortgage anyway.

 

Both the Mortgage and the solicitors that they have been using have been of no help what so ever. the level of diconect between the two is astonishing! they don't know what the other is doing.

 

in doing so the demostrate a lack of professionalism and courtesy in dealing with clients that have real issues.

 

Is it any help to complain to the Financial Omnibusman?

 

Solicitors in these circumstances can't offer you any advice. They may know very little of what the other is doing, as they likely limit communication to instructions only, i.e. start proceedings, obtain this order etc. and not about a telephone call you have.

 

Unfortunately the solicitors client is the mortgage lender. Whilst courteousy would dictate they should show some apathy towards your situation, they are acting on a large corporate contract so can't be too nice, or they might lose it and a lot of money in the future.

 

A FOS complaint will only be investigated once the internal complaints procedure of the lender has been exhausted.

 

 

I really think that something is really wrong here - i mean not to repeat myself here but i agreed terms of a reduced payment with them last May, after a long battle of letters phone calls - they lost my income/expenditure form 3 times! no one at Future Mortgage could offer any real help or advice, untill a letter dropped on my door matt by this solicitior informing me that thir client was moving for the repo of the property. So i secure my reduce payments - i manage to get a better paid job, i increase the payments, from 450 to 700. all goes quiet and then i get the letter again from the solicitor with court dates for the hearing.

 

Its utter disgusting..

 

yes, i do know that i owe them 8K in arrears yes, they have reason to be unhappy with me. But i would like to take this opportunity if i get to court to expose the treatment that i received from these worthless worms.

 

A payment concession or holiday like you have had, is not guaranteed, and a lot of lenders still refuse them. I understand you're annoyance at the way they have started litigation, but their solicitors would not have commenced action if things weren't in line with the pre-action protocol. I would urge you not to try to uncover the treatment you have received at a hearing. It will be a 5 minute hearing where the judge is concerned, largely as to whether the lender should be granted an order for possession, and not the way they treat customers. Judges are aware of the way each lender treats customers anyway, and are usually more or less lenient accordingly. The best thing is to complain to rooftop, if this doesn't resolve any issues, exhaust the internal complaints procedure and then go to the FOS.

 

I'm not sure if i'm right in doing this, hence why i want advice. What i would like to put in place is a robust defence for myself, but i guess since this is my first time i'm not sure how everything unfolds, i'm not sure if the judge is of sympathetic nature or if like in many other walks of life you are just a number - and the word next rings in ones hear...

 

sorry for the rant - and long post. i'm utterly tired.. lack of sleep working twice as hard with the recession going on and of all sectors i'm in finance as well so you can imagine how shaky the ground is..

 

A defence to a possession claim for mortgage arrears is only to prove that the mortgage doesn't exist or that the arrears are manifestly wrong, i.e. you have paid them. Unfortunately lack of communication and poor customer service and unhelpfulness are not relevant if the arrears are not in dispute.

 

Hope this has helped.

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Hi Red11! Myself and my husband have been through a very similar situation to the one you describe.

 

The advice given by ettubrute seems spot on to me. While i sympathise with the treatment you have received from your lender the judge will only be interested in whether you can afford to pay your mortgage in full going forwards and something towards the arrears. We don't think the pre-action protocols were followed properly by our lender (Bank of Scotland) and put all this in the information we provided to the judge on the day of our hearing. He glanced at it, looked at our income and expenditure and granted a possession order to the lender.

 

We have since revised our income and expenditure and also been given £2.5k towards our arrears by a family member. This of course gave us a huge help towards the arrears and probably made a difference in the decision our lender made. Today they have agreed for us to pay the £2.5k, return to our full payments and pay £30 a month extra towards arrears.

 

We will hopefully have the option to capitalise our remaining arrears (add them to the end of the mortgage) in 6 months when we have made full payments for this time.

 

I don't know too much about the government schemes but even earning £40k you might be able to get some help. This website is really useful for answering basic questions: Government Mortgage Help on House Repossession | Mortgage Help

 

There are also several people on here who have much more knowledge than me who will hopefully be along to advise at some point tonight :)

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I don't know a great deal about the government schemes. One thing that I can tell you is that Future Mortgages, which is an arm of citibank/citi financial don't support the HMS scheme

 

Lenders offering Homeowners Mortgage Support : Directgov - Home and community

 

You may be entitled to apply to the mortgage rescue scheme, the best way to go about this would be to contact your local authority. Your income wouldn't be a barrier to this, I think the threshold is earning less than £60k.

 

Hope that helps

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Morning many thanks for the advice and support, which has been brilliant, i have received from the court the papaer work, which i suppose needs to be filled, at the same time i will send an offer to the Mortgage comapany and solicitor offering full payments and 50 per month to cover arrears.

 

i'm not sure what else i need to prepare here, and not sure what to expect interms of outcome here.

 

i can offer the full payment with a bit extra to cove arrears, since this is my very 1st time of going to court, is the offer going to be enough in your not sure, and if the judge sides with the mortagage company because he/she thinks that 8k in arrears is too much - can i appeal the decision. or is it game over?

 

loads of questions - come to mind during sleepless nights...

 

Mortgage has still 15 years left on it..

 

I'm at work but will check the site for rsponses from time to time during the day.

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Hi there, I can help you with a letter to the mortgage company and also with filling in the court forms, but you don't need to do them just yet. Best to wait and see if you get a reply to the letter.

 

You will need to send a budget sheet with the letter showing how you are able to make payments. I have affixed one to this post. When filling it in remember that the amount you are offering to pay towards the arrears is the amount left over after everything else has been accounted for.

 

Let me know if you want a draft letter.

 

Ell

Budget Sheet.xls

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Thank you Ell-Enn - if i could have a draft letter to send the Mortgage comp and the solicitor it would be outstanding & thank you so much for sending the budget sheet.

 

 

once more this site its proving amazing in offering help to people in need

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Hi Red, before I attach the letter -

 

Is the mortgage in joint names?

Have you missed any of the payments since you agreed the reduced amount?

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Hi Ell-Enn,

the Mortgage is mine, its not joint, they claim that i have missed a reduced payment back last June, but in July i paid double it happend when i was changing jobs and there was a delay with the 1st payment at my new job but i did write to them and i sent proof to the solicitor via fax of my bank transfers that clearly shows again that 2 payments where accepted by the them. At my expense i tracked down their bank reference.

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OK, affixed is the draft letter, page 2 is the letter for the solicitors you need to put your name where I have put brackets in the title. Make sure you send both sets by recorded delivery and check on the royal mail website a few days after posting to print off the signature receipts.

 

Also, make sure you keep copies of both letters and the budget sheet. Staple the recorded delivery signature receipts to your copies of the letters and keep in a safe place.

Red11 letter.doc

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thank you Ell-enn, just so i get an idea here of what to expect, how does this court hearing goes?

 

whats the protocol? and general odds of still walking away from this hearing with a roof over my head, considering the situation i'm in.

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Providing you can show you are able to make the normal monthly payments and extra towards the arrears each month, you have a very good chance of keeping your home.

 

However, lets see if you get a positive reply to the letter.

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Hi Ell-enn,

many thanks for your time and patience on this, i've been stressed about this a lot, sleeping at night its not that easy, i need to take sleeping pills to get a few hours sleep.

 

All the letters have been mailed today via recorded delivery, and now we wait as to any developments.

 

and my day in court.. ( i tell you i'm not lookig forward to that)

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Hi Red11,

 

Obviously i cannot guarantee what will happen to you in court but i do know the advice and help you get from Ell-enn is priceless and provided you follow what she suggests you should be fine.

 

I know how you feel as we have been there and until the arrears are cleared will still have the threat of repossession hanging over us. BUT, we do now have agreement with our lender to pay off the arrears over time and fingers crossed we will be able to do this. I came across this forum after our day in court and wish i had found it before! Having said that i have still had loads of help and advice and now know my house is not about to be taken away from me.

 

The people we spoke to before attending court were all very blasé about the whole thing and told us don't worry, it will be fine etc etc. We thought we were well prepared when in fact we weren’t. If you have followed the advice in here then i really do think you will be fine. Just make sure your income and expenditure adds up and you are able to show that you are in a position to make the full payment going forward + something towards the arrears.

 

We were also told our court only hear 4 repossession cases in a day! When we went there were more than 10 and with the exception of 2 all turned up and all wanted to speak to the duty solicitor who is there on the day to offer you advice and will come into the court with you. It is worth talking to them as they know the court system pretty well and can present your offer for you. The one we saw wasn't able to prevent a possession order being granted (due to our information being presented wrongly which wasn't her fault) but she did get the judge to extend the time from a standard 4 weeks to 6 weeks. This has given us a bit more breathing space and allowed us the time to sort out a lump sum towards the arrears and work out an offer that has been acceptable to our lender.

 

One other thing we weren't aware of is that the judge will still grant a repossession order to the lender but in your case it will most likely be suspended which means provided you stick to the terms agreed your lender won't act on it and can't kick you out. I'm sure someone will correct me on this if i am wrong.

 

Apologies for a long and rambling post - i just wanted to let you know what happened to us and hopefully show you that it will work out in the end. The support on here is fantastic and has really helped me to see the wood from the trees and given me the confidence to fight our corner and do everything we can to keep our house.

 

Best of luck :)

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Hi All, bit of an update on the situation, thanks Ell-Enn for all the help and the letters, both of my actions have gone down well, meaning that after my offer of full monthy payment plus £50 pounds towards the arrears i received a letter from the solicitor comfirming that they are happy to take without having to go to court.

 

So - reasult and i finally got a decent nite sleep, now just to complicate things a bit and ring alarm bells,

 

today i received a letter by Future Mortgages with the following text written:

 

"when the above account was arranged, a fixed interest rate appied for a period as defined in the offer of advance.

 

This period will expire and consequently the rate of interest charged will change to a variable rate of 3.20%.

 

This will take effect from the 1st of June 2010

 

With effect from the 14th of July, your new monthly payment will be £495.16.

 

Your interest rate is linked to a 3 Month GB libor rate which is reset quarterly.

 

If your fixed rate expires in the same month as the LIBOR reset, the new Rate and Monthly payment quoted above is likely to chage.

 

The remaining term of your loan is 327 months"

 

Lets recap here - i pay interest only of £901 - what on earth does this mean? does it mean that my payment will be inefect be £495 per month?

 

i'm rather confused - i mean i will call the mortgage company and ask for clarification but its rather odd...

 

Second point is now that i have sort of locked myself in to a pay-back deal with the solicitor of £951 every month, if this letter from the mortgage comp is a true reflection of payment - where does it leave the agreement just made? & can i be held accountable here if i turn around after checking this letter and say to the solicitor agreement void since my monthly payment is now a manageble 495 x month.

 

Advice needed please

 

of course any views are very welcome since i find it really strange:!::!:

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If I remember rightly you offered to pay £50 per month towards the arrears in addition to the normal monthly payment ?? is that correct?

 

If so then your normal monthly payment has reduced, but you only agreed to pay £50.00 towards the arrears. Now that your monthly payment is lower, you could increase the amount you pay towards the arrears so that they are cleared earlier, in fact you could write to the solicitors with a new proposal pointing that out.

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Hi Ell-Enn, thanks & yes agreement was for 50 quid ontop of normal payment that was £901.66.

 

your advice is to write to the solicitor and say in view of change of circumstances i will pay 495 + 150 for the arrears.

 

Sounds like a good point, my fear is that they might of sent this letter out by mistake,

i want to call Future Mortgage and have a chat and see if this was a genuine offer or if i'm been take for a fool here.

 

 

I say that becasue they make such confusion with things i had so many problems with them in past,

to agree lower payments last year was a battle,

they sent me worng information,

 

 

they agreed and then they retracted the letters that where sent to me saying that it was a mistake.

 

 

i will check the vaildity of this and then if its valid i will contact the solicitor.

 

Thanks once more for the help

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Yes, you could contact them to check. It's more than likely OK though, as you will have come to the end of the fixed term agreed when you took out the mortgage. Many people are finding their mortgage payments reducing considerably when that happens.

 

Let me know if you need any help with the letter to their solicitors.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Well - just spoken with the Mortgage company and indeed as far as the letter received - its all true - My payments are down to £495.16, starting from the 14th of July - as for june i need to pay full payment of £901.

 

Ell-Enn - can i please ask for your help in putting together this in the shape of a letter for the solicitor so i can communicate to them - that you will get £951 for june payment but from July 14th - i will pay the following £495.16 + 150 for the arrears.

 

Thank you in advance

 

Red

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Here you go, letter affixed.

 

However, they may question your budget sheet i.e. if you could afford £901 before why can't you now and they may want more than £150 towards the arrears. I have stated in the letter that you have other bills to reduce - is there anything in your budget sheet that you underestimated in order to get to the figure you needed?

Red11 9th June letter.doc

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I Have my Credit card where right now i'm making token payments towards it and the Maintanance charges for teh garden which is done by the council.

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OK, that's fine, as long as you have something to explain what you'll be doing with the money left over.

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