Hi All, I am back for the update. I managed to make all normal monthly payments for last 6 months. After 6 normal payments bank has capitalised all the arrears and cancelled the suspended repossesion order. I feel much better thinking only 9 more payments and I will be out of high rate fixed interest.

hi, I am back again. I managed to pay them this month the normal monthly payment of £2213. Can I ask you a quick question? I asked BM to send me the account statement as I wanted to confirm they didn't add any charges to the account. From statement, I have calculated the arrears should have been £21381. BM always told me arrears are £23596.09. There is difference of extra £2215 added to arrears. I know not huge difference but I think £2215 could be the charges added to arrears. Do you guys think it is legal for BM to add £2215 to the arrears? Is this something that can go in my favour? You guys have been very helpful. Please help agian. Thanks.

Thanks all again. May be this sounds silly but I feel like giving up to sale will be not fighting and easily giving up. I know next 15 months are going to be difficult for me but if I survive somehow by maintaining payments it will pay me in the end. Once I have sold this property it will be nearly impossible for me to be on the property ladder again. I dont think I will manage to buy house in the future considering amount lenders ask for deposit. I know its impossible to nagotiate with BM thats why I have decided to pay them what they are asking for. I will try to do some part time work to earn extra money plus my wife will start looking for job.

Thanks Ell-en, newstarter. Not any option left for me. I will see if I can manage to pay £2200 this month. Will contact local council to find if I am eligible for any help from them.

Thanks Ell-en. I know I am in difficult situation. There seems to be no way out except selling off the property which I was thinking the last option. Even if I am allowed to pay £1700 for next 5/6 months that would help me to arrange for extra money towards normal monthly payments. During this time I might manage to find a better job or start looking for selling property. I am still curious why I am not allowed in HMS scheme. I believed this scheme was for people in similar situation. Whoever is approved under this scheme for 2 years pay 30% of the interest only. After 2 years they end up with huge arrears.

I will call BM again today to get breakdown of arrears. As I metioned the last statment I received listing last 3 months transaction don't show any charges added but I am still not covinced the amount of arrears doesn't include any charges. Currently arrears are at £23596 and my monthly payment is £2200. I have this mortgage since May 2008. To be on this level of arrears means I didn't pay anything for 10 months. I don't think this is the case. Initially I missed couple of months payments but since last year June I have been paying regularly though not full payments. Before last year, I missed payments here and there but it was not like I didn't pay at all for 5/6 months? I will call BM customer support and try to get break down of arrers.

Thanks letsdothis. Unfortunatly my arrears are very high and can't arrange to bring them down by paying lump sum. I understand levels of arrears is making my case most difficult and this is my worry that with these much arrears judge will stright away turn down my application.

I have 22 years left on the mortgage. I haven't asked them recently to capitalise arrears but few months ago they rejected this proposal. Once out of fixed rate next year, my mortgage could be something like £1300 per month. This is what shelter England said that I need to explain to judge that if I pay £1700 for next 12 months, arrears will increase by onther £6000 to £30000. Arrers will increse for next 12 months but next year I can start paying arrears back by making £500 payment towards arrears. This will clear arrears in 5 years. I have been told that resonable time to clear used to be 2/3 years but recently this has been changed to be around 5 years. Do you see this could be ground to make application?

The latest statement I have is dated 11 May 2010. Statement start date is 11 February 2010. It lists payments due for Feb, March and April. it also shows payments made for these months. After this there is Charges heading but nothing mentioned. Doesn't say anything aobut th charges. It also display Statement close date being 11 May 2010, Account balance:XXXX and arrears: £23,596.09. No information about charges. I take this means no charges applied?

I received statements from them. not sure if charges are added. I will try to find those statement and get back to you with answer. On the phone when i asked the same question to BM they said no charges have been applied as it will be illegal. Need to check this in the satement.

Thanks newstarter. We already have a suspended repossesion order issued last year in June. Order is for the normal monthly payment of £2200 plus £100 towards arrears. I want to apply to court to put aside the issued judgement and allow me to pay £1700 for net few months either under HMS scheme or by considering my current circumstances. Don't you think it makes sense to apply now rather waiting for eviction orders?

Thanks newstarter, Ell-en and others. I much appreciate your help. Ell-en, here is the requested information: 1) Mortgage is in joint names with my sister who is married with children and living in rented property. She ha been helping me with £400 towards mortgage payments. 2) no children living with me. I am married with wife but no children yet. 3) All the payments have been made on phone using my debit card. I can produce bank statements. 4) For HMS application I didn't fill or sign any application form. My case was with collections team in BM. Account manager from collections department filled the application form. I sent all the required paper work to them. According to collections department they forwarded all this to HMS team who rejected my application. I received a rejection letter in writting. I am surprised now that why they didn't ask me to sign the application form? 5) My payments will reduce because I will come out of fixed rate deal. When I was discussing this with BM this afternoon, I was told that I am in fixed rate deal till October 2011 NOT May. I was thinking it was 3 years fixed rate and becasue I took this mortgage in May 2008, fix rate will end in May 2011. According to BM although it was 3 years fixed rate but fixed slightly over 3 years. Do you see any hope in my case? Again, I much appreciate all your help.

I take this is something I can only do after the eviction order? I thought i can fill the N244 in advance on the basis that I qualify for HMS scheme but BM is not accepting me on the grounds that when I come out of the scheme I wont be able to pay normal monthly payment plus towards arrers. My argument is when i come out of this scheme I will be out of fixed rate which is 7.8%. so I will be able to pay normal monthly payment plus £300 towards arrears. This is what Shelter England advised me. Don't you think I should submit N244 on these grounds before actual eviction order. I am nervous once the eviction has been ordered it will be too risky for me and I will end up loosing my home.

Thanks again. You are very helpful. Problem is I have no idea how to put this information or refer to this case best in N244 application. Please help me with this. Sorry for my poor knowledge if I am asking something basic. Thanks

Thanks. I will pay £1700 on 27th. My worry is BM told me that first thing in the morning of 28th their team will find out I haven't paid full and immedialtely they will apply for the bailiffs appointment. They are only holdin this account till then. I wish before then I can apply for N244.