I don't know where to turn

[CHRISSEY]

I'm sorry I don't know where to start.

 

In January 2007 our mortgage company took us to court because we were 3 months in arrears with our mortgage. Our monthly payments were £795.00 and they wanted an extra £500 per month to pay off the areas.

 

The judge gave the decision that we paid £50 per month which we have done ever since.

 

In December last year I was made redundant, since then I have had a couple of short term temp jobs but nothing permanent probably due to the fact that I'm 58.

 

In September this year I had been out of work for six weeks and our savings had been used up so I knew we wouldn't be able to pay the mortgage so I rang them to see if we could go on interest only or take a payment break until things picked up. The stroppy woman I spoke to just kept saying "you'll have to go to court" wouldn't offer any advice or help.

 

We heard nothing from them so last week I wrote them a letter as I am still unemployed and the temp work has dried up as well. I enclosed a statement from the Council of Mortgage Lenders saying how they should offer help & advice etc.

 

We got a form to fill in for an interest only mortgage which meant we can stay in the house till the market picks up I know this will be at least 12 -18 months then we could sell it any pay them off.

 

Yesterday my husband got told at work that they have to go on a 3 day week and that 5 people are going to be made redundant (the annoucement is next Monday) He thinks he will be made redundant because he was the last one to start. Last in first out.

 

Today we got a letter from the mortgage lender saying because we have defaulted on the suspended order from the court to pay our mortgage and the arrears that they are going to instruct their solicitor to take possession of the property unless we pay the three months areas £2868.00 within 7 days.

 

They recommend that we seek legal advice immediately.

 

The mortgage payments are £955.00 per month plus £50 for the areas, my husband earns £1000 per month which will be reduced to £750 starting next week and my income is £60.50 per week JSA.

 

I know that if they repossess we still have to pay the shortfall when they sell it, always asuming that they can sell it.

 

But who will rent us a house when I am unemployed and my husband is in danger of losing his job.

 

Any advice would be welcome

 

 

Chrissey

[poppadom dog]

Hi Chrissey

 

I had a suspended order and due to illness and self employment could not keep up the additional payment (extra £300+ pm). I have been in court 4 times on suspending eviction notices, sometimes with only a couple of days until the eviction. Each time I successfully had the warrant suspended and I did this with no legal help, I turned up in court (once with my 3 yo and 4 yo!) and stated the facts, the position I was in and put it to the judge that it was in no ones interest to repossess.

 

There are many on here who can help you with your defence. When /if you receive the eviction notice immediately contact the court to request a hearing. I say 'if' because I must have recived in exces of 30 letters stating they were going to repossess and then silence. I think it must be the mortgage co's scare tactics.

 

AS you are on JSA is there any way you can help towards the interest? I know there is some scheme to help, but I'm afraid I do not know the details.

 

Although I have successfully defended my home, on the last warrant I had no energy left, and although I am 99.9% certain I would have won again, I did a lot of soul searching and decided that I wanted my life back and didn't want to be ruled by them anymore - it was the best thing I could do. I know I will have a shortfall with the fees etc. but I can deal with that as I am far more focused now I am out of the situation.

 

Good luck - stay strong and remember there are many who are going through or who have gone through this, so you are not alone and there is support. But if it does not work out, there is life after reposession, and it can be liberating!

[thebaglady]

Hello Chrissy

 

I cant help much but just wanted to tell you a little bit of my situation and wish you good luck.

 

We had our home repossesed last Oct, and it was at the time the most traumatic thing i have ever been through in my life. My situation is a little bit different from yours, both myself and husband work, but have very bad credit history and were scared we would be on the streets.

 

We were paying very high mortgage payments and it was killing us, so we gave up the fight eventually, rented a house privatly - though we only found out we had passed credit check with estate agent on the Friday, moved in Sat, and Sunday and was repossessed on Wednesday - it was hell on earth. I honestly dont know where we would have gone, we have a daughter who lives with us, but she is 20.

 

But like previous poster it was the best thing we have ever done, a weight was lifted from our very tired and weary shoulders when i posted the keys thorough the court office a 2am on the day of repossession.

 

I am sure you will get through and look back on it as i do - regardless of how you decide to handle things. Just stay strong....

 

Just wanted to say a big big good luck, this site is brilliant and i am sure you will get all the help, advice and support you need.

[Ell-enn]

Hi there, sorry to hear you are in this position. Best advice is to write to them advising of your position and asking for their help in line with the new government guidelines and the Civil Justice Council Consultation Paper on Mortgage Arrears Protocol.

 

If you need help with the letter I'm happy to draft one for you.

 

Who is the lender?

 

Kind Regards

 

Ell-enn

[jansus]

Hi

 

you have come to the right place and I am sure you will get lots of support.

 

Try and pay what you can afford each month even if it is not the full payment as the courts will take that into account.

[CHRISSEY]

Thanks guys for your support.

Ellen In my letter to the mortgage lender I enclosed a statement from Council of mortgage lenders about being sympathetic and all that and they sent me the forms to pay interest only that was last week, then yesterday the repossession letter came. I think its two different department and no communication. My OH is going to ring them this morning I couldn't ring yesterday as I was in floods of tears.

 

It would be a relief if they took the house back but with no equity we will probably end up still owing them the shortfall and the court costs.

 

Thanks again to all of you

 

I will keep you posted.

 

Chrissey xxxx

[Mr Worried]

Chrissey

 

Just to send you my support as I am not able to advise, keep us all posted and the experienced posters will help you.

 

Good luck

[Ell-enn]

Hi what repossession letter did you get yesterday.

[rdm2006]

sorry cant help much chrissey (going thru a similar thing myself but i would like to give you my support