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Repossession Hearing Tomorrow


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Hi Bona,

Thanks for your reply the arrears are £2800 these occured as my husband had an accident and had surgery was off work 4 months and we were unaware that mortgage payment protection had expired .

Our mortgage payments are £801.15 permonth and we have offered an additional £200 per month towards arrears which they have accepted .

I have sent them a letter asking if they could change mortgage to interest only until arrears are clear then revert back to repayment once they are clear , i only sent this letter last week so havent had a reply to that yet but have a copy to show judge tomorrow .

I am just so frightened I dont know what to expect ,what to say or anything.

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Right over night do an income and an expeniture list to show that you can pay take all the correspondence to show that they have agreed to the extra, can you say you have equity, you are only 3 and a bit months behind , do you have any penalty charges in the £2800 returned dd arreas fees ect if you have deduct them and bring them to the Judges arttention fer example 300 of this is penalty charges which we dispute.

 

in taking you to court they will add money on for their costs so this will make you more inn arreas but dont worrry what will most likley happen is the Judge will make a suspended possession order and tell you what you would have to pay in my experience most Judges wont take your house away, if you get the one in a thousand who grants it ( very unlikley) you will have at leat 6 weeks in which to appeal or reapply to the court ( This is very rare but has happened so dont worry) if you feel that you are not prepared ask for an adjournment as a last resort but remeber if you do it will cost them money which they will pass on to you. lastley at the end ask the judge to add to the order for you to have copies of ALL 3rd party invoices and mortgage company costs addedd to your account , when you have those we can deal with you recailming them, Please dont worry a lot of us have been there it will be a horride expereince you will feel awfull and out of your depth BUT it is KENSINGTON who are being unreasonable and the Judge will see that please post how you get on Take care Bona

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Thank you so much for your advice you have lifted a little stress , we have negative equity ,to be honest i think Kensington have totally ripped us off but thats another story .

My hearing is at 3.30pm and am going my self as husband couldnt get timeoff workbut will let you know what happens.

Thank you again

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Please dont worry what ever happens we can sort it take care I will be thinking of you I will be in London tomorrow but will look when i get back

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Hi Tembo , Thank you for your post , sorry havent been on had things on my mind.

Well court case was horrible , I got the most miserable , horrible judge ever he treated me like something he stood in .

 

When I arrived at court there solicitor approached me and asked what my proposals were , i just said my solicitor will let you know , as when i got there i was offered a free legal aid solicitor so she did everything for me.

There solicitor said if i didnt stick with original agreement of £200 extra per month on top of mortgage payment he would ask judge for straight possession , he was quite intimidating actually.

Anyway the judge said i am living beyond my means and just literally give me a lecture but managed to get it suspended for 6 months with a review in december and only pay £50 extra per month on top of mortgage payment also there solicitor asked judge for a moneyclaim on this order which the judge granted , i presume this is where they pass all there charges are to me , i am correct ?

I came out crying as I felt so humiliated plus a little relieved .

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This sounds as thought the mortgage company have only applied for a court order not a repossesion, at this stage you don't need to be worried about actually being made homeless.

 

From reading through the thread it seems as i said they only applied for a court order, most companies will do this first as they can't actually apply for a baliff appointment on initially beginning the litigation proceedings

 

From what you said happened in court i would say maintain the order to the penny, aslong as you maintain the order and they can see that the arrears are starting to decrease you should be ok.

 

Does your Income & Expenditure show that you have money left over each month? now taking into account the order? if so try and pay as much as you can ontop of the order to reduce the arrears quicker.

 

you have said that you asked for Interest Only, to be honest trying to get this setup and the actual impact it has on the overall mortgage this option isn't really worth pursuing unless you are a property developer as it doesnt really help you, and once you switch back to repayment will bump up your normal monthly payment even higher each month.

 

Aslong as the order is maintained when the review comes up see if the mortgage company will add the remaining outstanding balance to the balance of the mortgage, but then when you are again able to continue to overpay each month if your mortgage T&C allow this reducing the additional interest that will be accuring

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