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Possession of property after end of term NRAM/Heliodor

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Hi to All,

 

I have possession hearing on 25th Jan. and after reading all the information and advice on this forum, have made an online response (10/01) to the court.

I have made a reply to NR and their Sols, by recorded letter, including a balance sheet, and my proposals.

I received a call from NR Sun 11am and they stated that they can only accept contractual payments from now, otherwise they will go for repossession. This is different from the Concessional Mortgage offer they offered last Aug.

 

Any further advice for the hearing would be appreciated.

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Hi there, what sort of response did you do on line? Did you receive an N11M defence form from the court? If we can gather together more information you can take an up to date statement to the court with other facts to back up your defence.

 

1.Is the mortgage in joint names?

2.How much are the arrears?

3.How much can you afford to pay towards the arrears each month?

4.Are you in employment?

5.Do you have any children living at home?

 

You say you were offered a change to your mortgage (concession?), do you have that in writing?

 

Sorry for all the questions but we need to have as much info as possible in order to draft a full defence.


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Hello Ellen,

thankyou for your reply, and here are the answers:

1. yes joint names

2. £14-15000.00 arrears

3. The contractual payments are £1020.00 but i was building up to paying the full payments, after 1 year on reduced as proposed by NR (£657.00) then they changed the goalposts

4. Yes self employed

5. No children

 

I just did an online response, with a statement of facts regarding how the arrears built up.

 

I did have the letter from NR re the consession mortgage but i have to search it out

 

regards

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Hi there,just one question have arrears charges been added to your account especially the arrears?

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Hi newstarter

 

Yes i believe that the charges have been added, I have requested that NR send me a statement, but no reply yet.

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OK, do you want help with a statement ?


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hi elleen,

Yes i would like help to produce a statement, have i got enough time to produce it for the hearing?

regards

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Hi, yes we are ok for time. I will get back to you tomorrow.


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elleen,

 

thanks in advance for your help, i will 'speak' tomorrow,

 

regards

 

dave

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hi ell-enn

I have got most of the docs at the ready,( i found that consession mortgage letter) As i mentioned before i attached a statement to the online court response i could copy and paste it here, or we can start over?

i received no reply to my recorded letters that i sent to the solicitors or NR i did request a statement of charges, is this relevant?

looking forard to any hlp

regards

dave

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Did you keep copies of the letters you sent to them,? Also did you check on royalmail website to see if they signed for them and print off the signature receipts ?

 

It would be helpful if you could post up what you wrote on the online response (remove anything which might identify you)


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hi ell-enn

yes i do have copies, and have checked that they have been delivered.

 

Please see below my statement:

 

In april 2009 i became unemployed, and informed Northern Rock of my circumstances.

i attended the local job centre, and they suggested that i apply for ‘Pension Credit’

 

i had an interview, and went through all outgoing expenses, and made the application.

The pension department would pay towards interest on the mortgage account.

 

I realised that i had an insurance running with Barclays, and pursued a claim under a PPI

 

The insurance paid out on a monthly basis, depending on my supplying them with evidence that i was seeking work. The insurance would run for a year.

 

i made payments to my Mortgage Account, as i received them from the Insurance.

 

In April 2010 I found a promise of employment, which took 3 more months to come to fruition.

 

In all this time I had been in communication with Northern Rock updating them of my circumstances.

 

In August 2010 Northern Rock offered me a Concession Mortgage’ with a monthly payment, of £657.90 for the period of a year, whilst my income built up, to return to my contractual payments, (£1020.00 per month)

 

Northern Rock asked me for a forcast of prospective earnings which I supplied, including an Income & Expenditure sheet.

 

They contacted me back and asked for more proof, of which i replied, I will approach my Accountant, for a letter.

The Accountant supplied a letter, and N R said, that this was not acceptable as the Accountant had put a clause in it stating that the supplied income figures were only a forcast, (which they origionally asked for) and not a true record.

Well there wouldn’t be a true record as these were forcast figures only, based on the previous three months work done with the new company.

 

N R said that they wanted to see bank statements showing current earnings, and that in the mean time would put a temporary agreement, in place, until December.

 

Then in Dec, they started saying that they would start possession proceedings,(To protect their interests) I have paid my Dec payment, and supplied N R with another Income Expenditure as requested. (Jan 2011)

 

Now i believe i have been in communication with N R during all this period which has been very difficult for my self and my wife, and just as i am getting back on my feet again, N R issue this possession notice which i find very disturbing.

 

In all of this the arrears built up through a shortfall, of insurance payments, during the year plus that i had no regular income.

 

I believe that I can maintain the monthly payments, and build up to full payments within the timescale proposed by Northern Rock, thus preventing any other action

being taken.

 

I will add that this an interest only mortgage with 6 years left.

 

There is no endowement in place to pay off, so will sell up to pay off.

 

regards

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OK, I'll get back to you this evening and we'll see what we can work out.


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l am going through the same with n rock or n ram ell-enn is helping me too n ram say one thing and do the exact oppisite they also told me they hadnt recieved certain items theyd sent us or asked us for and i know for sure they have

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yeh elzerbeth

i know what you mean, i realise now that i had so many conversations with them by phone, that i have no proof of what was said/ agreed and so on.

regards

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The judge will look at the amount of arrears and the time left on the mortgage - if the arrears are £14 - 15,000 and you only have 6 years left on the mortgage you would need to be able to pay £200 extra per month on top of the normal monthly payment in order to clear the arrears before the mortgage term is up.

 

Even if there are charges added to the arrears you are still going to have to find the normal payment of £1020 plus an amount towards the arrears each month. Would you be able to do that?

 

I think we need to ask the court for time to establish how much of the arrears are charges, but I have to say I think the judge would expect you to pay the £1020 while you wait for the info. When did you send the letter asking for a statement? did you send it by recorded delivery and did you keep a copy of the letter?


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hi ell-enn

 

yes sent the letters re charges 10 jan, i checked online that they were delivered. (sols and NR)

 

when NR called sun last, i asked also for an explaination as to why they now are asking for full payments and not the concessionary ones, they said that they would write to me.( no letter)

 

i could pay full payments of £1020

 

regards

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Would you be able to pay anything towards the arrears on top of that payment?


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hi ell-enn

 

i am also thinking that i should phone NR tomorrow and ask them why they havn't replied or even got their Sols to reply.( i have the names of the relevant Managers dealing with the case.

 

regards

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ell-enn

only a minimum amount, say £50 pm but this wan't mentioned in the last conversation i had with them (NR)

 

regards

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The thing that concerns me is that there is only 6 years left on the mortgage term, if the arrears cannot be paid within that time you are going to have trouble persuading the judge not to order possession.

 

£50 per month over 6 years is only £3,600 and if even half the arrears are made up of chartges this is £7,500


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Hi

I called NR to clarify the position, and to chase up a reply to my letter asking for braekdown of charges.

They said a letter was on its way, and i should have it by hearing date .

 

i also asked the litigation dept about agreeing to the full payments, and they informed me that they would accept full payments plus some off the arrears monthly, even if it was a small amount as long as i could afford it.

 

In the meantime they would go for a suspended possession, and confirm back to the court once an agreement with myself is in place.

 

I am guessing this is the best i can hope for

regards

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Are they going to confirm all that in writing ?


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hi ell-enn

I received a letter today from NR which stated: Based on the income and expenditure details provided, we have exhausted all of our hardship options.

No mention of the request for a breakdown of charges, or any confirmation of my conversation with them re the hearing on 25th.

Are they playing a game do you think?

 

regards

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