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eviction notice from mortgages plc please help


slimtrader
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Hello everyone,

I have an urgent problem,i have a mortgage with mortgages plc and back in feb/06 was taken to court for 3 mths arrears from 2005 as i was unemployed.i went to court and was given a suspended order as long as i paid £100 extra a month,i have kept up with this but i left 1 company to join another and my final pay was by cheque which wont clear till 8/12,I explained to mortgages plc but was told that if they dont have this months payment by wed 6/12 they will enforse the repossesion order,I am also in the final stages of a remortgage with the chelsea building society and was told today that it has been undrwritten and the offer has been sent to me.Is there any way of convincing mortgages plc to give me a few extra days or can i ask to go to court again to explain to the judge the situation.i hope that you can give me some advise as i feel that i am doing everything i can to sort things out and it would be a better situation for all parties to sort out this by remortgage.Do you think it would help to get the chelsea building society to speak direct to the mortgages plc litigation dept to let them know the remortgage is going through.

thank you for any help

 

nathan:sad: :sad:

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Hi Slim,

dont panic, I believe if they try to enforce they first have to go back in front of the judge to state why they wish to enforce it, if they are given a hearing date you can attend and defend yourself again, if it gets that far, explain to the judge the reasons for your late payment, hopefully by that time you will have made the payment anyway and no hearing will be needed. I dont think any judge would grant a reposession order for being two days late, especially as you have informed the mortgage company the reason for the delay, its not as if your trying to avoid payment.

 

You could also advise them that you are in the process of remortgaging and once complete they will have their pound of flesh so to speak.

Friendship costs nothing but its rewards can be priceless. Do not judge, as you will not be judged but if you can, try and assist where possible.:smile:

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Hi all!

 

Nathan,you do not mention the amount of current arrears outstanding.

 

Nathan,in reply to your post and from actual personal experience:

 

 

1.Just to inform you that if you have arrears but less than 2 months in total the possession order MUST BE suspended completely.

 

2.It is against the rules/law for a mortgage company/its acting solicitor to attempt to repossess with the knowledge that arrears are below the 2 months threshold.If this has happened you should highlight this to the court and complain to the Law Society about Mortgages Plc's Solicitors - let them know about it as well.Also,complain to the FSA - the body that regulates the mortgage industry.

 

3.So,in practice you could remain in arrears for just under 2 months forever!

Of course,don't do this but it is really useful to know.

 

4.Personally,I would contact the mortgage company and see to reduce the balance if you have not already done so - to just below the 2 months arrears threshold then notify the Lender's Solicitors and the court - send proof of payment i.e.copy receipt by fax - pay in cash at a bank branch crediting the mortgage company's account - make sure not forget your mortgage account number.If you send it to the court highlight the fact that the arrears are below 2 months then if the mortgage company/acting solicitor attempts to instruct bailiffs you will have then stopped them in their tracks completely.

 

5.Another seperate bit of useful information is that the arrears can be spread over a longer period of time if needed by virtue of the Norgan ruling - case details below.

 

Cheltenham & Gloucester Building Society V Christina Norgan - Court of Appeal - 5 December 1995

 

Don't worry this is a very popular precedent case involving mortgage arrears and all judges/solicitors are familiar with it.

 

Since this case,some higher profile cases have been more favourable towards the mortgage companies but the Norgan ruling is always used by the courts in favour of mortgage payers using "a midway decision by judge" due to the fact that the Norgan case went to the Court of Appeal and no other lower court can make a ruling to overide it.

 

This a link to the ruling of this case:

 

Cheltenham & Gloucester v Norgan

 

 

I hope you find this information useful.

 

If you have any questions,feel free to ask.

 

Keep us posted!

 

All the best!

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Thank you for your advice the arrears stand at apx 4 mths at the moment,do i need to ask mortgages plc when the court date will be for the eviction notice so that i can represent myself?

Thanks for you help,i hope that seing that i hve adhered to the previous suspended order and that its a matter of a late payment the judge would allow me some extra time

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Nathan,

 

In reply to your last post:

 

 

 

Please answer the following questions:

 

1.What were the terms of original court order?(this will help to answer your question)

 

2.What is your monthly mortgage contractual instalment?

 

3.What is the exact balance of your mortgage arrears/initial(as in feb this year when you were taken to court) and current?

 

4.What was the original term of your mortgage?Please specify in years and months or exact start date with length of term.

 

5.What is the current remaining term of your mortgage? Again,please specify

in years and months with end date.

 

6.What is the mortgage balance owed with arrears?

 

7.What is the approximiate value of your property?

 

The answers to these questions will enable me to assist you to work out the minimum acceptable amount of arrears for you to repay using the "Norgan Ruling" and the possible decision that would be made by the judge in your particular case.

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