Help With Nationwide Mortage Repossession Please

[jaxads]

Am posting as advised by Ell-enn. She was a fantastic help when I was helping a friend a while ago.

 

Friend has now got into difficulties with suspended possesison order and mortage company have written to say they're going to write to the court to enforce the order - she is obviously very upset and anxious to try to get everything back on an even footing and repay the arrears as soon as possible and thus hopefully safeguard her home. I know from Ell-enn that there are things that we can do to help her.

 

Not sure of any timescales or anything else at the moment, but any help would be most appreciated.

[Ell-enn]

Hi again, no problem with help, just need a few details.

 

Is your friend able to pay anything at the moment?

Has she received a warrant for eviction yet? - if not she needs to write to the lender explaining her circumstances and making a new offer of payment. that way, if we have to make an application to court to suspend the eviction, it shows she has tried to rectify the situation.

 

What was the reason for missing the payment - bills etc?

 

If you can answer the above questions, I will be able to advise further.

 

Kind Regards

 

Ell-enn

[jaxads]

Hi Ell-enn

 

thanks for getting back to me so quickly?

 

Able to pay £500 tomorrow.

 

No warrant has been received, but she has received a letter from the mortgage lender to say they've written to court to request enforcement of the suspended possession order.

 

She had a bill for gas and electric of £1500 and made that payment as she was scared re the consequences of non-payment /magistrates court / cut off etc.

 

as always, any help is most appreciated.

[Ell-enn]

That's fine, we should be able to defend that OK if they issue a warrant. She must keep evidence of the gas and electric bill amount and proof of it's payment.

 

Is the £500 payment she is making tomorow towards the arrears or is is monthly payment including some towards the arrears?

 

What is the normal monthly payment and what can she afford to pay extra each month towards arrears?

 

Sorry for all the questions, but just need to get the right picture.

 

I can draft a letter to the mortgage company for her if you need me to?

 

Kind Regards

 

Ell-enn

[jaxads]

Hi the payment tomorrow will be the monthly payment plus an amount of about £130 towards the arrears.

 

If you could please draft a letter to the mortgage company that would be excellent. Many thanks.

[Ell-enn]

Hi there, below is the draft letter. You just need to fill in the info in where I have put brackets or XXX's and remember to affix a copy of the utility bill.

 

Also, remind your friend to send by recorded delivery and keep the receipt with a copy of the letter (don't send the original utility bill).

 

Kind regards

 

Ell-enn

Jaxads mortgage co letter.doc

[jaxads]

Many thanks Ell-Enn, will get details and complete the letter.

 

Fingers crossed.

 

Thank you very much again.

[jaxads]

Update --- friend tried to pay £500 by electron card, details taken, then the mortage company came back and said that they didn't accept that card. Friend said she'd go into the branch the following day to make payment. Went into the branch, they said the account number was no longer valid

 

So friend has written stating what has happened and enclosed a cheque. Hope this is ok. Fingers crossed.

 

Any advice Ell-Enn ?

[jaxads]

Friend wrote to mortgage company enclosing cheque and explaining reason for non-payment. Mortage company Have accepted and agreed to hold off any further action -- one very happy friend - thank you again Ell-Enn.

[Ell-enn]

Excellent - mortgage company being agreeable? - that's good news

[jaxads]

Hi - just back on line briefly - having just got back from hols. Friend was advised (12 August) that provided payment were up to date (they were with the cheque) and future payments made (dd set up and claimed successfully in August) that no further action would be taken. However, letter from a different department dated 19 August, stated eviction to take place on 24 September. Eviction papers also received from court.

 

Friend has written to Nationwide enclosing a cheque for the £100 arrears (which were not claimed as part of the payment in August, despite the letter of 12 August saying that the £100 arrears would be added to the normal repayment!)

 

She has enclosed both letters of 12 and 19 August and is awaiting a response.

 

Should she be doing anything yet with regards to defending the eviction notice or should she wait until she hears back from the Nationwide.

 

She has fulfilled her side as regards repayment with Nationwide but it seems that one Department aren't talking to another.

 

Any help Ell-enn would be gratefully received.

[Ell-enn]

Hi there, if she doesn't hear anything by Friday morning then she must enter an N244 at court to get the eviction stopped.

 

You must keep an eye on this Jaxads - even if the mortgage company tell her they have cancelled the eviction, she must phone the court to make sure that they have. We have already had one instance this week where bailiffs were sat outside a property because the lender had not cancelled them !!

 

Keep me posted on what is happening.

 

 

Kind Regards

 

Ell-enn

[jaxads]

Thank you very much Ell-Enn. I've checked on line for her this morning and her latest letter has been delivered to the Nationwide today. I'll get her to ring this afternoon just to confirm that they've got the latest cheque.

 

I've had a look on Olive.family's thread --- dreadful - I'll be doing my best to help and hope a similar thing doesn't happen here!!!!

 

Thanks again Ell-Enn, will keep the thread updated.

[jaxads]

Nationwide have written to friend to say they've cancelled the order and will write to the court to confirm. Have told friend to give a couple of days and then ring the court to confirm.

 

Many thanks Ell-Enn.

[jaxads]

Dear All

 

I helped a friend last year, with much help from Ell-enn:) to get a suspended possession order. However, she missed a payment last year and she now has an eviction date for next month. I've downloaded a N244 and would ask if Ell-enn could please help with question 10.

 

Basically missed a payment due to another large repair bill for the car (car is now 6 years old but is almost brand new due to the amount of new parts it's had fitted!!). She made payment as usual in November, but December and January's payment has effectively been made. Has three young children, but can foresee no future problems with the car, and I&E looks good. Suspension granted on paying normal payments plus £100 and she has been paying in excess of that for the last 3 months - just rounding the figure up.

 

Ell-enn, what do you think the chances are. I was hoping to perhaps put something in the Q10 section about the houses not selling in the area at the moment (1 in the street for sale 10 months another over 6 months) and perhaps stating if she could just prove, say for the next 6 months that she could meet the payments would they give a further suspension.

 

Advice would be gratefully received.

[Ell-enn]

Hi there, no problem, I'll draft something up for the Q.10. Just need to know the following:

 

How much should she have been paying each month?

 

You say she has been paying extra over the last three months ? How much has she been paying?

 

Who is the lender & did they write to her giving her the chance to either pay or explain before issuing an eviction warrant?

 

Is the mortgage in joint names?

 

Has she filled in a budget sheet? if not, I've affixed one to this post as you'll need to submit one with the N244.

 

If she has an income and can show she is able to make the payments going forward I don't think any judge would give possession.

 

I'll get onto the statement as soon as you answer the above.

 

Ellx

Budget Sheet.xls

[jaxads]

Hi Ell-enn

 

Thank you so much for getting back to me. Right I've her figures here so hopefully this will help:

 

She should have been paying about £380 per month, plus £100 arrears. Has been paying £500.

 

January's payment had reduced to £360, still paying £500 so that's an extra £40. It set on keeping repayments at £500, thereby paying that little extra off the arrears than has been ordered.

 

She wrote to lender (Nationwide), but they said that they would have to have full arrears paid off by eviction date, or apply to the court for a further suspension.

 

Joint names and three children.

 

I&E are already done.

 

Other properties in the area, due to economic climate as all over, have not been selling well.

 

One last thing, do you know the cost of submitting the N244??

 

Thank you again so much Ell-Enn.

[Ell-enn]

Hi there, the cost of submitting the N244 is £35.00 if she has been issued with an eviction order.

 

How many months in arrears is she altogether? I'm surprised at the Nationwide being so harsh - does she have a copy of the letter she sent to them and their reply (we could do with that to go with the N244).

 

Ellx

[jaxads]

Hi Ell - I think she must be 2 instalments out although not exactly sure, will try and clarify.

 

Also, as you can be given an appointment with the judge at short notice when you had in the N244, do you know does that mean that there won't be a representative from the "other side" there??

[Ell-enn]

OK, here you go, statement affixed. You no doubt know to insert info where XX's are.

 

On budget sheet write the claim number on the top left hand corner and Appendix 1 on top right hand corner.

 

On the letters (the one she sent and also their reply) write the claim number on top right and Appendix 2 on top left.

 

Take copies of everything before handing it in.

 

If the hearing is VERY short notice, sometimes there is no-one from the other side, but I really don't think she has anything to worry about

 

Let me know when the hearing is

 

Ellx

Jaxads Q.10 statement.doc

[jaxads]

Thank you very much Ell-enn. You are a star and your help is very much appreciated.

 

Just a couple of more questions please. We obviously attach everything to the N244 - do we just need to hand in one copy. Also the N244 - does that mean only one person need sign it??

 

This is what I've answered so far

 

1 Both names

2 Defendent

3 Suspension of Eviction Order

4 No

5 At a hearing

6 15 mins

7 N/A

8 District

9 Both Parties

10 See attached statements - is it necessary to sign the statement of

truth at Q10? Again, only one person need sign??

11 Does only one signature need to show, ie the person handing in the form and not both signatures

 

Sorry, to bother you again -- just need to get this right!!

[Ell-enn]

Hi there, if the mortgage is in both names then they both need to sign the statement and the box at Q10. Take a photocopy of everything before you hand it in so you've got one to take to the hearing in case you need to refer to it.

 

I'm sure it will be fine

[jaxads]

Many thanks ell-enn. I'll keep you posted and if I need to ask any more questions I hope that will be ok. You truly are an angel

[Ell-enn]

No problem - you can ask any time

[Ell-enn]

Hi, got your message - copy of the Norgan case affixed If you need help with anything, let me know.

 

Ell

Cheltenham & Gloucester v Norgan.doc