Unity Homeloans to Kensington mortgages - Suspended Possession - HELP

[nuke em]

Although under Norgan it was established that you have the right to pay off the arrears for the length of the Mortgage, in practice judges want it paid off in under 5 years. Really should should be paying it off at the rate of £100 per month. You need to apply to the court to suspend the warrant , then get back and have a new suspended possession order made where you pay the arrears off at the rate of £100 per month. Most courts have a housing advice person/solicitor who can help you with this, also try CAB

[hedgehog0045]

Thanks for the advice. Will go to the CAB first thing on monday to se what I can do.

 

Decembers payment has been made and Januarys will be made within he next 7 days. This just leaves the outstanding arrears amount. It is the £450 a month extra that is crippling me. I could cope with £200- £250 extra, just wasn't sure if the judges would take a dim view of me revising the amount seeing as how I missed the december arrears payment?

[nuke em]

Thanks for the advice. Will go to the CAB first thing on monday to se what I can do.

 

Decembers payment has been made and Januarys will be made within he next 7 days. This just leaves the outstanding arrears amount. It is the £450 a month extra that is crippling me. I could cope with £200- £250 extra, just wasn't sure if the judges would take a dim view of me revising the amount seeing as how I missed the december arrears payment?

 

 

explain you were pressured into paying more than you could afford on the arrears / didnt have legal advice in the first place

[rory32]

3 threads merged. Please stick to one thread per topic.

[hedgehog0045]

Sorry to keep prattling on about this but can I approach the courts straight away and request a change to the order or do I need to wait until they send me the eviction warrant?

[nuke em]

straight away, find out which form you need and lodge it in to the court

[hedgehog0045]

MODS, could you move this to the mortgages thread for me please. thanks

[ascint57]

I must be doing something wrong or I've missed something important.

We had a possession hearing back in July over 3 months arrears with a sub prime lender.

We paid the arrears and actually 3 months payments before the case and were told verbally and in writing that the case would be closed and we had no need to appear.

We have met all payments since on the 1st of the month and when I enquired of the court, received a letter stating the judge had suspended the possession order until further notice on the request of the lender?

Can I get this closed

[Ell-enn]

Hi there ascint57 - obviously the BS telling you that you had no need to appear at the hearing allowed them to gain the suspended order until further notice without any opposition (sneaky). They can now apply to enforce this possession order at any time you miss a payment.

 

Had you attended you could have defended it on the grounds that there were no arrears and you had in fact made payments in advance.

 

You could apply to the court on form N244 (you can download it at Her Majesty's Courts Service - Home) to have the order removed. If you need any help with the form please let me know.

 

Kind Regards

 

Ell-enn

[hedgehog0045]

TRied to get to see my local CAB advisors this morning only to find them shut. Tried telephoning and it just rings and rings.

I have noticed that the courts have a CAB advice office open 10-1 each day for drop in. Think I may just opt for going to them instead of trying to get into the local office.

 

Would the court advisors not be better anyhow?

[Ell-enn]

If the court has CAB advisors on site then it would make sense to seek their help, they may be more used to dealing with your particular enquiry.

Make sure you tell them that you are unable to keep up the £450 payments on top of your mortgage payment and that you did not know you could ask for a lower amount. They will most probably advise you to file a N244 application to have the amount reduced.

 

Good Luck, and keep us posted on how you get on.

 

Kind Regards

 

Ell-enn

[hedgehog0045]

Thanks for that, I will be calling in to see them tomorrow morning and will let you know the outcome. As I have not received an eviction warrant as of yet I hope to get my foot in the door first.

[Killerschick]

In reply to ascint57

It would be very unusual for a Court to grant a suspended order with no arrears, are you sure the hearing was not adjourned?

If arrears are cleared before a hearing it's normally adjourned for a specific period at the request of the lender. The period is normally one year, so if you fall into arrears again in that year they simply reinstate the hearing and provide an up to date statement of account rather than issuing proceedings from scratch. If the hearing was adjourned there is little you can do about this unless the lender should not have issued in the first place i.e. you were never actually in arrears. It doesn't sound as though that is the case here.

If an order was granted you might have grounds to have it set aside and I would recommend seeking advice from a CAB.

 

To Hedgehog0045

Whilst CAB Court advisers are often more experienced with Court work than those you find in branch, they may be hampered by lack of access to resources, books, internet, CAB systems etc as they are at a remote location (it all depends what the individual Court provides them with).

Make sure you take all your paperwork with you, preferably in some sort of order! And bear in mind you may have to wait as they will give priority to people with a hearing on the day. As you will be at the Court you should be able to get any forms you need quite easily and submit an application if appropriate.

[rory32]

Thread moved to Mortgage Forum.

[ascint57]

My apologies, you were right, the directive was that the @The claim be adjourned generally with liberty to restore.'

 

No date was set

 

So there's nothing that i can do about it ad infinitum then ?

 

 

In reply to ascint57

It would be very unusual for a Court to grant a suspended order with no arrears, are you sure the hearing was not adjourned?

If arrears are cleared before a hearing it's normally adjourned for a specific period at the request of the lender. The period is normally one year, so if you fall into arrears again in that year they simply reinstate the hearing and provide an up to date statement of account rather than issuing proceedings from scratch. If the hearing was adjourned there is little you can do about this unless the lender should not have issued in the first place i.e. you were never actually in arrears. It doesn't sound as though that is the case here.

If an order was granted you might have grounds to have it set aside and I would recommend seeking advice from a CAB.

[Killerschick]

If no date has been set the Court will normally accept an application by the lender to reinstate the hearing for up to a year. After this, the Court would expect fresh proceedings to be issued even if it wasn't specified on the order.

It's not that bad, no order has been granted and if you do fall into arrears in future there will still have to be a hearing giving you your opportunity to have your say and put proposals forward.

 

Regards

[ascint57]

Thanks, I've written to the Court to ask how long they hold it over

[Bona]

The life of your mortgage or untill its dismissed if you are not in arreas you need to write the the company saying your going to make an application to have the order dismissed and will they agree . Pointing out that if they do not and you win you will look to them for the costs . If they write and say they agree then you can make your application £30.00 and it will probally be dealt with by post if they dont you need to be absolutly sure they have not added anything toyour mortgage they are sneaky and as long as it is clear the Judge will dismiss then if you get in arreas again they have to issue new proceedings

[hedgehog0045]

Quick update. I have spoken to the CAB at the courts who have advised me to apply for a variation on the suspended order to lower the arrears repayment amount. They said that as the lender has not yet applied for the warrant then this would be my best option and that as I have kept up the mortgage payments this would look favourable for me.

 

Going to court tomorrow to lodge the papers.

[Bona]

Sounds good to me remeber that the District Judge has the power to suspend the possession order if he/she believes that the arreas can be discharged in a reasonable time , this can be years!!!

[hedgehog0045]

Called in to CAB and worked out a budget sheet and have filed a variation order today to have the payments reduced to a more reasonable amount.

CAB advisor did say that they may still apply for a warrant and if they do then this will be brought to the judges attention as the variation order was submitted prior to the warrant enforcement request, so judge will base his / her decision on the variation order.

 

All I need to do is maintain the mortgage payments. It is up to the judge now.

[Bona]

Good luck

[hedgehog0045]

Just an update. I have received letters from Optima today to say they have applied for the warrant for eviction to be enforced.

 

Panicing time !!!

 

Will I get a copy of the warrant sent to me or do I need to get this from the courts. I am worried in case I am not informed of the porposed eviction date and get bailiffs knocking on my door out of the blue.

[Bona]

The first thing that will happen is you get a date deliverd mine was always by hand it will be three or 4 weeks from when you get the letter, have you applied for a variation to the order and do you have a date for that

[hedgehog0045]

I applied for the variation to the order the week before last but have not heard anything from the courts or CAB. I am just not sure what the procedure is with the variation order as apparently they have 28 days to respond to the court by which time I may have received the warrant which is confusing.