Repossession advice needed please

[gingernut65]

Our mortgage is with a high street bank. Due to hubby being self employed and other things we have been behind with the mortgage a few times. The bank gained a possession order back in 03 i think and the court suspended it. Hubby has not managed to keep to the arrangement lately (i was unaware of this)The arrears are £1800 and we have around £120,000 equity in the property. We have just received a letter from a solicitor saying that the bank are going to action the possession order and we should start to look for alternative accomodation. Hubby phoned the solicitor and asked when we had to be out by and they said that no date has been fixed yet. We can pay this months mortgage and a couple of £100s off the arrears but what happens then? Im going to take control and set up a standing order from my wages but is it too late. What happens if the bank wont agree to our new proposal. How long are we looking at here till eviction?

[Ell-enn]

Hi there, don't panic - if you have an income and can offer an amount towards the arrears on top of your normal monthly payment there is very little chance a judge will order possession.

 

When you receive the letter with the eviction date you need to submit a N244 form to the court asking for a hearing to further suspend possession. You can download the form here: http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForms.do;jsessionid=AE13D9CDAF48FD1C71A5D169DC2A7714

 

and I can help you fill it in with the correct wording on part C. Make any payment you can in the meantime it will go in your favour with the court.

 

Also,do you have any children living at home?

 

You can still avoid eviction, so try not to worry too much. I have been involved in helping people in a much worse situation than yourselves, right up to the day of proposed eviction, so it can be done.

 

Please let me know when you receive an eviction date.

 

Incidently, do you still have any paperwork from the possession proceedings in 2003? what did it say about the timeframe for the suspension - was it indefinite?

 

Kind Regards

 

Ell-enn

[gingernut65]

Hi Ell-enn, thanks for replying. I have all the paperwork from 03 and cannot find any reference to a time frame. Just that they must not enforce while payments were being made. Do they have to inform us of the court date when they go back to ask for enforcement? we are going to make a payment of this months mortgage plus £100 on Wednesday and write to tell them that we are now in a position to set up a direct debit to make more regular payments. Hubby hadnt done this before as because he is self employed he could never be sure when the monies will be in his account. Im doing it out of mine now i know about the problem and am working fulltime. He is owed quite a bit for jobs already done and we will be able to clear this, we just need some time. How does it work? Do we have up until repo day to pay or can they enforce even if arrears are cleared?

[Ell-enn]

Hi there, what should happen next (if GE do go for possession) is that you will be sent a notice from the court stating the date for eviction (usually around 4 weeks notice). However, as soon as you get that you can lodge an N244 application to the court asking for a hearing to defend the eviction order. Based on what you have said I am sure you will be able to put forward a good case and there is plenty we can do to build a good defence.

 

When you write to GE make sure you have the correct address, department and if possible the name of someone to address the letter to. Also, send the letter by recorded delivery - keep a copy of the letter and check the Royal Mail website a few days later to make sure it has been signed for. Print of the receipt for posting from the website and keep with the copy of the letter. You will need it to go with the N244 in support of your application, to show you have tried to come to an arrangement. Make any payments you can in the meantime and make sure you have proof of payment.

 

Let me know when you have any more correspondence.

 

Kind Regards

 

Ell-enn

[Ell-enn]

Have a look here, and you will see what can be done

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/136070-ge-money-suspended-repossesion.html

[gingernut65]

Thanks Ell-enn feel less stressed now. Will write our letter with proposal to Brittania tonight. See what happens next eh?

[Ell-enn]

OK, please keep us updated on what happens.

 

Try to stay positive.

 

Kind Regards

 

Ell-enn

[tonycee]

Hi Gingernut.

 

Just adding my support. I know its a tough time, but there is always hope.

 

THIS thread might help you feel more relaxed as well.

 

If Paul can pay off £ 16,000 of arrears at £ 120 per month, you will be ok.

 

Good luck...Sleep well.

 

HERES another link to the form you need..Ell enns server appears to be down.

[Bona]

Hi

Things will be OK we have all been there stick with Ell-enn and Im sure you will get through Judges are fair and reasonable and they dont like money grabbing mortgage companies I also think they realise people ave problems

Keep us informed

[gingernut65]

Thanks for the support people, nice to know others have come through this and survived. Whatever will be, will be, I suppose.

[Kai-Boshed]

One thing I would say, if you are going to repay the arrears make sure you do not over commit yourselves financially. Think how much you can afford which is reasonable for you and will not cause other financial problems. Although the lenders try to insist the debt is repaid in 3 years, the judge will consider any reasonable amount of time, even the entire time left on the mortgage. So don't sell your self short where the repayment period is concerned!!

[gingernut65]

Just worried, having effectively defaulted on the arrangement made 4 years ago and ending up back with arrears, that they court will not listen again. Weve lived here for 17years now and really dont want to lose it. Hubby went on his own before, mortgage is in his sole name, and negotiated on his own earnings. He is self employed, hence his repayment difficulties. I am employed full time and have a regular monthly income. Im hoping that us telling the mortgage company that ill pay mortgage and arrears by DD from my account will help. Im hoping that 17 years worth of payments, ok sometimes late, £120,000 equity and a relatively small amount of arrears will help to persuade the judge to give us extra time.

[Ell-enn]

Hi there, I'm sure you will be ok, the judge will take everything into consideration and you have a very good case. I know it must be very worrying for you right now, but you are in a much better position than many people who have faced repossession and kept their home.

 

Try not to get too stressed, people experience financial difficulties all the time and judges are aware of this. Provided you can show that you have good prospects of clearing the arrears you will keep your home. The fact that you have good equity is another plus point.

 

You will get through this ok I'm sure.

 

Kind Regards

 

Ell-enn

[tonycee]

Just worried

 

I understand your worry, but i promise you that you will be ok.

 

having effectively defaulted on the arrangement made 4 years ago and ending up back with arrears, that they court will not listen again.

 

I defaulted several times within months, and always managed to overcome the situation.

YOUR circumstances are infinitely better than mine were at the time.

 

Weve lived here for 17years now and really dont want to lose it.

 

You wont.

 

He is self employed, hence his repayment difficulties.

 

90 days if your lucky ?. Tell me about it.

 

 

I am employed full time and have a regular monthly income.

 

The judge will consider this and it will all go in your favour.

 

 

Im hoping that us telling the mortgage company that ill pay mortgage and arrears by DD from my account will help.

 

You can try, if only to avoid their lit costs. Dont count on them being very cooperative though.

 

 

Im hoping that 17 years worth of payments, ok sometimes late, £120,000 equity and a relatively small amount of arrears will help to persuade the judge to give us extra time.

 

Its all very civil and above board.

The judge will have read all the evidence before hand.

He/she will ask you for your proposal of how you are going to clear your arrears.

You reply.

Your provider asks for more.

The DJ sides with you.

 

Job done...

[Ell-enn]

Tony has summed it up to a T - you will be OK, just let us know how things progress and we'll help you.

 

Kind Regards

 

Ell-enn

[Bona]

I agree I was more in arreas than anyone I have eve spoken to and went to court over 15 times with what you have you will sail it and ifyou dont we can appeal but there is law that says that arreas are paid over the life of a mortgage and the DJ will be on your side I promise what county or twon are you someone might have experience of your local DJs

[gingernut65]

thanks all so much for your reassurances. I do feel much more positive now. mustnt let the buggers get us down eh?

[Ell-enn]

Absolutely - stay positive, you will win through, honest:)

 

Kind Regards

 

Ell-enn

[gingernut65]

Right, have been given 16 April as our eviction date. The bank has turned down our offer of an extra £80 per month. Arrears currently stand at around £1600. Gonna get the court form tomorrow and hopefully stop this happening. Scary stuff!

[Ell-enn]

Hi there, you can download the N244 form here Her Majesty's Courts Service - Home

 

Select Forms and Guidance from the left hand menu and enter N244 into the box. When the form has opened print off a copy.

 

When you are ready I will walk you through the form and give you the right words for the statement on Part C (the most important part).

 

Try not to worry too much, I know it's hard, but we can put in a good defence for you and I'm sure you will be OK.

 

I will be back on line tomorrow and we can get started then.

 

Stay positive.

 

Kind Regards

 

Ell-enn

[gingernut65]

Thanks Ell-enn. Downloading now.

[Bona]

Please dont worry there are a lot of people with much higher arreas and they have been fine

[gingernut65]

Ive printed off the form, now what do I write?

[Ell-enn]

Hi there,

 

Firstly you need to fill in the box in the top left hand corner.

Tick a) for a hearing. Leave the others blank and the court staff will give you the information you need for that when you take it in (they're usually very helpful).

 

In the boxes on the top right hand side you will need to enter the claim number, warrant number etc - you will get those from the notice of eviction you received.

 

Part A -

1. Cross out "I" so it reads "We" (then enter both your names in full) then cross out all other options except "defendent".

2. intend to apply for an order (cross out the text in the brackets) that, suspends possession,

because,

3. we are able to offer a monthly sum in addition to normal monthly payments to reduce the arrears.

 

Part B -

 

Cross out "I" to leave "We", and tick the box for Evidence in Part C.

 

Fill in your name and address etc at the bottom.

 

 

I will send you the text for part C when I get home from work as I started it on my home computer last night.

 

Kind Regards

 

 

Ell-Enn

[gingernut65]

Thank you so much Ell-enn.