spml suspended possession order

[rachebabe1971]

Hi im new to this site and hope i can get some advice, my mortgage is with spml and in may this year a suspended possession order was given and i arranged to pay £50 per week towards arrears total arrears are £4867 which includes all the charges as well before it even went to court i wrote many times asking for help capitalising arrears extending term interest only but they wouldnt reply to me by letter, the arrangement was made before court hearing but they still wanted to go to court, i have since lost my job due to being pregnant and am due to give birth in 6 weeks and have high blood pressure i have missed a few of my arrears installments but have since caught up and was gonna fill in n244 to ask for a variation on my payment with me not working now but i have started to get worried as i received a letter from their solicitor stating they have changed their soliciter to a new one my installments are up to date and my monthly mortgage payment is being paid as normal my. I am scared to apply for a variation order in case it is refused and court proceedings go ahead this is really stressing me out and i dont need this added stress at the moment any help would be appreciated.

Thanks

[cat100]

Glad im a man.If you are going to struggle in the future paying then I would ask for a variation order.Better to sort it now than getting behind with payments,this would give the solictors ammunition.It is up to the court to decide not the lenders solictors.You are up to date with payments so that will be looked on favourable by the court.

[rachebabe1971]

Sorry to be a pain butif i am paying will the judge go in my favour. I just dont need this added stress at the moment. spml are just ****holes they wont reply to my letters i contacted them last month to ask if my payment date could be changed but no reply then i got a letter saying i was in arrears and they told me to reply to them within 5 days i only received this letter on a thursday so that included weekends. They dont seem to want to help anybody they wont listen they just want their money i dont know how they get away with it arent they supposed to try and help you si in the end they get their money back. All my payments are up to date so will they do anything now?

Thanx

[cat100]

Hi Rachebabe, Spml will not want you to pay less, its not in their interest. Also it is a court order, and the only person who can alter it is a judge.You have kept up to date with payments, you have no arrears.They can't do anything if you are up to date.If you are going to struggle then ask the court for a lower payment.Do not get into arrears as the solicitors will then try and go for eviction.As time is the essence for you,please do it now, you will be ok,you have good reasons for reducing payment.

[rachebabe1971]

Thanx for your advice but i was in arrears with my arrears £200 to be exact not all at once they were spread out as i had been in hospital due to my pregnancy my blood pressure was high which it is now i dont feel i can take much more. My normal monthly mortgage payment were madeas normal but i paid these arrrears as soon as spml contacted me about them but i do not trust them im sorry to repeat myself but for instance my mortgage payment is due on 1st of the month i dont get my money till 18th so that is when i have been paying them i wrote explaining this asking for my payment date to be changed but got no reply just letter telling me i was in arrears which i didnt think i was as long as i paid it during that month which is why im panicking now, so i will have to find the money so novembers payment is made on the 1st as they have been charging me £50 they say for paying late and then charges for the letters.

Thanks

[cat100]

Please do not panick you will be ok.What date did the court order say for payment ?, I presume the 1st of each month.

Can you claify if you can keep up the mortgage payments?

[rachebabe1971]

Hi yes it was 1st of month i can keep up with payments but i am gonna try to get a variation order on the arrears as i think we will struggle when baby arrives hopefully i can find a job when baby is a few months old as i lost mine when i was 5 months pregnant. I just cant bear going to court again i was gonna when i fill in my n244 say that i cant attend due to ill health in pregnancy as i might have to go in hospital on tuesday till baby is born if my blood pressure doesnt go down my husband cant afford to take time off work as we need his wage coming in and he has no holidays at all left.

Thanks

[cat100]

Then you must apply to court for a variation,it would be better for somebody to attend it would be so much better.If not maybe Elle-nn can draft a letter for you.

[mercyblue]

with regard to changing the payment date you certainly should be able to. If you have the same terms and conditions as me look in section C changing the payment date.Section 6

"The borrower may request a change in the payment date by sending the company a signed request in writing which the company receives at least 21 days before the next Payment date"

There is a bit more about adjusting interest for the date change etc but it can be done.