advice need ,don`t know what to do

[sugg1]

My husband and myself had a subspended prepossession order placed against us in jan of this year.

 

We where able to make full monthly payments ,plus another £30 on top each month.

 

But i have now lost my job and was unable to pay this months payment.

I am trying to get another job but have had no luck yet.

 

I am worried sick as to what to do ,can anyone give me any advice.

 

My husband has a heart condition and is classed as disabled.

We are awaiting a desision on income support/DLA and also my husband is awaiting a desision on his war pension ,until then we just can`t afford to keep up full payments , we could make smaller payments.

 

Is this a opion with a subspended repo against us.

 

We have lived in our house for 18 years and it was my fathers before he passed away and we would do anything to keep us here.

 

I am so worried about what is going to happen next.

please help

[Bona]

who is the mortgage with and what are the repayments when should you have made this months payment

[sugg1]

The mortage is with capstone and the payment was due the 1st and i have recieved a letter to say it has not been paid.

[Ell-enn]

Hi there, you should write to Capstone, explaining your situation and offering what you can afford while you wait to find out about your husband's benefits (send it by recorded or guaranteed next day delivery!). Keep making whatever payments you can in the meantime. If Capstone decide to take further action, we can apply to the court again to further suspend possession.

 

How long have you had this mortgage?

What equity is in the property?

 

Kind Regards

 

Ell-enn

[sugg1]

Hi Ell-enn,

 

Thank you for your advice i will get a letter done and send today.

We have had our current mortage with capstone for 4 years now.

I don`t think there is any equity in the property.

 

I will let you know how i get on with capstone.

Thank you again for your advice i am very gratefull.

[sugg1]

Capstone phoned me this afternoon and asked why this months payment had not been made and i explained that i had just send them a letter and also explained to the guy on the phone that i had lost my job and that i was looking for another as we spoke (was on the job centre site when he phoned ) and that we where just awaiting news about hubbys war pension.

 

He said that we need to try and make a payment of some sort if not the full amount this month ,even if we borrow it from family or friends because of the court order.

He said because it was a court order we had to stick to it which i said i do understand ,and he said because it is out of their hands if a payment is missed and that the house would be repossessed and they did`nt want that to happen.

 

I don`t know who to ask to borrow some money off as i know no one i know will have any they can lent ,so i don`t really know what to do.

 

I can make some sort of payment on the 3rd july when my hubby gets his pension ,would this keep them at bay or will they still go ahead with repossession because of this months payment being missed.

[Blossomandebony]

Hi, Sugg,

 

I would work out how much you can afford to pay on 3rd July and tell Capstone. Don't agree to any more than you can sensibly afford.

 

If they won't accept, take the name of who you spoke to and write down the exact details of the conversation. This could be important later if they do go for repossession and claim you have made no attempt to clear the arrears etc.

 

Your main aim at this time is to keep Capstone informed of your situation and to keep in contact with them regularly no matter how pushy they become. For example, if you do get a new job, tell them straight away. And ALWAYS write down the details of your conversations with them!

 

Could you also post the amount of your arrears so people can give you more advice on the next step? Cheers.

 

BAE

[sugg1]

Hi Blossomandebony,

 

Thanks for advice i will keep them closely informed.

The errors as of this month stand at £3196.46 are monthly payments are £700 and the court order was to pay a extra £30 each month on top of the normal payments.

 

£2000 was paid of the errors when we went to court back in january and this was paid from the Royal Britsh Legion as my hubby had served in the armed forces for 26 years before been medically retired with his heart condition,but he was not given a medically pension and this is what we are now awaiting in the coming weeks.

 

The BL was very helpfull back then ,but they did say that they would only be able to pay the £2000 and not be able to help pay off any more in the future ,as they also helped out with a couple of personnal things last year ,so thats why i have not asked for their help this time around.

 

I do want to sort this out myself and of course with you great members helping with super advice ,i don`t know what i would have done with out everyones help so far.

 

Thank you ,you might think you have not done alot but i can tell you ,you have helped a great deal already ,least now i am able to get some sleep at night.

[Blossomandebony]

Hi, Sugg,

 

good luck with your oH's medical pension. Arrears of around £3000 may sound a lot but I've heard of people fighting repossession with 3 or 4 times that amount, so keep your spirits up!

 

I've got an agreement with my mortgage lender at the mo' to pay off a similar amount each month of arrears to you so I know it can be stressful, too.

 

BAE

[sugg1]

Latest update...

 

Had a letter from capstone on saturday saying

 

Further to our previous correspondence we note that you remian in default of the arrangement set out in the court order dated 22nd january 2008

 

Failure to comply with provisions of the court order is likey to resault in bailiffs being insturcted to take your property into possession.therefore it is imperative the outstanding sum of £1281.26 is paid immediately.

 

it then go`s on to say about £50 charge to the account every month were payments were not made.

 

 

We did make a payment of £100 last month ,i know its not alot but thats all we could afford then.

 

I have now got myself a full time job and have wrote to them this morning to say that i have now got a full time job and at the end of august full payments will resume ,and that a smaller part payment would be made in the next couple of days.

 

What happens now ,would we just get a knock at the door from a bailiff to say we have to move out with in 24 hrs or something or do capstone have to go back to court ,and if so would we be able to further suspend possession like Ell-enn mentioned in a earlier post

[Ell-enn]

Hi there, make sure you send your letter to Capstone by recorded delivery.

 

If they do issue a warrant for possession, we can defend it on the grounds that you now have a new job and are able to maintain payments going forward.

 

Kind Regards

 

Ell-enn

[sugg1]

Hi,

 

My husband has been informed by the medical board that we will have a decision by the end of this month Aug and that everything is looking good (their words).

 

So that means we will either have a one off payment of a few thousand pounds or a monthly payment.

 

We are hoping more so for the montly payment because with that and extra bits and peices my hubby would get and also be entiltled to that we can be up to £600 better off a month.

 

I will be writing to the mortgage company again in the morning to keep them informed,but i worry every day at the moment that bailiffs are going to turn up and just repossess.

 

I do want to ask what does a it mean when its said ,suspend possession order for 3 months or something like that.

I need to get the paper work out again ,but does it mean that the suspend possession order would have been reviewed after the first 3 months?

 

At that time i was working and able to keep up full payments that covered those first 3 months ,but then in May lost my job and thats were we started having problems again.

 

so if thats correct what happens if it is reviewed after the first three months and full payments plus the £30 were being paid on time.

[Ell-enn]

Hi there, when you have found the court order post the exact wording so we can see what we are dealing with.

 

Given that you now have another job, I don' think you have anything to worry about if we have to go back to court to defend.

 

Kind Regards

 

Ell-enn

[sugg1]

Hi Ell-enn

 

I thought i would pull out the paper work now lol.

 

Anyway on the papers from court dated 6 days after the hearing.....

 

1-the defendant give the claiment possession of (address) on or around the 19th Febuary 2008

 

2-The defendant pay the claiment £85,271 being the total outstanding under the mortgage.

 

3-This order is not to be enforced so long as the defendant pays the claimant the unpaid instalemts under the mortgage of £4,529 by the payments set out below in addition to the current instalments under the mortgage.

 

Payment Required

 

Initial payment of £2,000 requireed on or before the 12 febuary 2008 and subsequent instalments of £30.00 per month ,the first instalment being paid on or before the 1st Febuary

 

4-The claimants money claim be adjourned generally with liberty to restore.

 

5-The matter be listed for review on the first available date after 3 months namely tuesday 29th April 2008 at 10.am and will be heard at the law courts (city)

 

Have never heard any more regarding the 5th listing,But the on the 5th Feb had the same as written above but with number 4 crossed out

 

4-The claimants money claim be adjourned generally with liberty to restore.

 

It said

4-The claimants money claim be adjourned generally with liberty to restore.

 

Also got another letter here but no date with the same as above being crossed out and saying in red hand written ink

 

4-The claimants money claim be adjourned generally with liberty to restore comendace this the 15 th Feb 2008

[Ell-enn]

Hi there, looks like the judge ordered a review in April, but as you were making payments on time, the lender probably decided there was no point in proceeding with the hearing.

 

If there is no money order this means that there is no recorded court judgement entered against you for the outstanding balance of the mortgage (which is a good thing). However, the wording "with liberty to restore" means exactly what is says, the lender can apply at any time for the money order/possession.

 

The only time all this goes away is when the arrears are cleared (in theory - although after a reasonable period of time you could apply to the court to lift the suspended possession order).

 

Hope this helps answer your question:)

 

Ell-enn

[sugg1]

Thanks Ell-enn

 

Yes the answer helped.

[Bona]

I suggest you ask for a statem,ent from inception to now and look at it a lot of mortgage companys say you owe more than you do in arreas as they add charges also you will find costs on there for solicitors I have known them put charges on for hearings which didnt happen ie the April one

[sugg1]

Thanks Bona

 

I will get a letter send and ask for the info ,and check it out

[sugg1]

Have just recieved a letter from the SPML/CAPSTONE solicitors saying that their clients have instruted them to enforce the repossession order and that we will shortly recieve a date from the court for the balliffs to come and evicted us.

 

I am in tears here don`t know what to do next.

 

The reason we were not able to pay from may till now was because i had lost my job ,i now have another one and am working up to 50 hrs a week.

I got paid today so can make a part payment of about 400 and in four weeks time i will have a full months wages and be able to make full payments plus the 30 court order and possible a extra 50 on top of that.

 

can some one please advice i am worried sick right now.

[sugg1]

Also my husband is still awaiting his war pension ,we have been told we will hear in the coming weeks.

[Ell-enn]

Hi there, please try not to panic. Firstly, did you send the letter in June advising them that you had lost your job etc? if, so did you send by recorded delivery and check on the royalmail website they had received it?

 

The first thing to do is send them this letter tomorrow if possible: (send by special delivery so they get it Monday morning).

......................................................................Your address

 

Ref: (on their letter)

 

Date:

 

Their address

 

Dear Sirs,

 

MORTGAGE ACCOUNT NO:

 

I am in receipt of your letter dated XXXX advising that you have received instructions from Capstone to commence eviction proceedings.

 

I advised Capstone in writing on XXXdatesXX (copies affixed) that I had become unemployed and was actively seeking new employments. I also advised that we were awaiting confirmation of my husbands war pension entitlement and payment.

 

The situation has now improved and I have found new employment. We are therefore now in a position to recommence payments towards the arrears.

 

A payment of £ XXXX has been made today, as I have only just started my new job and have not yet received a full month's salary we will not be in a position to make full mortgage and arrears payments until the end of this month.

 

I do hope you are able to give positive consideration to this offer and thus avoid adding unnecessary court costs.

 

Yours faithfully,

 

 

XXXXX

 

If they still persist with eviction proceedings we can enter an N244 application at court to stop it. As you now have a new job and can show you are able to make payments going forward I am confident you will win.

 

Kind Regards

 

Ell-enn

[sugg1]

Hi Ell-enn

 

Firstly, did you send the letter in June advising them that you had lost your job etc?

 

Yes i have kept them informed with about 2-3 letters latest one being send yesterday but i am not 100% right at this minute that they were all send via special delivery.

But i did make copys of each letter.

 

which i will find tomorrow and post on here , my poor husband has been in such bad pain with his heart problems today since reading the letters ,so trying to keep it together for his sake ,but its hard

[Ell-enn]

Hi, try not to worry too much. Send the above letter by special delivery and enclose copies of all the letters you previously sent. Make the part payment also, this will all help your case if they decide to continue with further action.

 

In the meantime, gather together any evidence you have of losing your job and anything you have regarding your husband's war pension application. Take photocopies and keep with all the copies of letters you sent (keep everything together in a file in date order), we may need them for the N244 application.

 

Try to stay positive, I'm sure it will be OK.

 

Kind Regards

 

Ell-enn

[sugg1]

Had a letter from Capstone this morning saying Unfortunately we have not recieved an acceptable level of payments and as a resault have instructed the solicitors to issue the warrant for possession.

 

They go on to say they would cancel the eviction upon full clearance of the arrears balance (which we just have`nt got) and also they say ,should you be unable to make acceptable proposals for payment then we should seek advice from CAB ect for alternative accommodation.

 

 

should you be unable to make acceptable proposals for payment

 

Which we are now in the position as already mentioned in another recent post on here that i can make a payment of £400 on monday and in 4 weeks time make a full payments plus the £30 court order which will then cont... do i phone them and tell them this or put it in a letter.

Would this stop them going to court for repossession.

Like i say i have kept them informed from the time i lost my job via letter and also when they phoned me back in june/july that i was looking for another job and before i lost my job i was making full payments plus the court order,so would`nt that show that i am doing my best to pay.

 

 

 

But i do have a query ,as i will be getting paid every 4 weeks the payment date will be diffrent every month so would not be able to do a direct debit for the 1st of every month and because of that i think they will add charges every month

[cat100]

Put it in writing everytime, recorded delivery.You can show the judge if it goes to court that you have made every effort.This will be in your favour.

The payment date can be altered,but if court order the judge would need to change it at the hearing.

You will be ok,have confidence.

cat100 x