mortgage Express Eviction date 16th Feb **SUSPENDED**

[cocoloco]

Hi,

 

First post, not quite sure what to do so any assistance or advice is gratefully received.

 

Bought my house with my ex 30 months ago, and we then split about 4 months after buying it. I then did a Transfer of Equity about 18 months ago, which took Mortgage Express about 8 months to deal with, however they dealt with it last August.

 

I had not missed a payment until then, however since that date, I have built up arrears of about £5.5k, mainly due to me being unempolyed for 3 months ( for a dismissal rather than redundancy if that matters). To be fair to Mortgage Express, they have been good about things, and when my fixed rate finished in April, my monthly payment reduced by £240. I told them I would pay the original amount to pay off some arrears and they accepted that.

 

Unfortunately, because I was out of work for nearly 3 months, I had no pay packet for 4 months, and had a lot of creditors to try and pay back. My job is half basic half commission (and is a well paid job), however I missed July's payments and have now been hit with a Repossession order after having an arrangement I didn't stick to.

 

So my questiosn are as follows:

 

1) I will be getting a hefty commission payment in either November or December ( between £4-10k), which will pay back most if not all of the arrears. If I went back to either ME or their Solicitors with a new arrangement of paying back £250 a month with the promise they can have all commission payments I get (either direct from my empolyer or through myself), would this be the right cause of action and would the judge grant a suspension order if they don't accept?

 

2) They have sent out possession orders to myself and my ex, even though the Transfer of Equity had gone through a year ago. What do I do about that as it has absolutely nothing to do with her. I'm more concerned about her and her credit rating - but The whole ToE was a farce from start to finish ( took 8 months!!)

 

3) What additional advice can you give me regarding this. I can afford to repay now, I've paid back over £5k of arrears in the past 6 months, and am probably 9-12 months from being debt free. I really want to stay in my house and appreciate I have been irresponsible.

 

Thanks in advance

[pedross]

Hi coco

 

The most important payments to make are those secured on your home. Unsecured creditors have far less teeth. From what you say you should be safe providing you deal with the situation correctly. If it goes to court make sure that you turn up and state your case and make sensible offers which would be your normal monthly payment plus an amount off the arrears to clear them between 6 - 24 months.

 

Its late now but I will advise you more. From the information you have provided (paid £5k arrears in 6 months) you are no mug. You know the answer to point 2 just sort them out. The courts are looking for genuine people with genuine problems and they will listen to you.

 

Pedross

[Crapstone]

Hi cocoloco,

 

Sorry to hear that you've been through a tough few months.

 

Is this a first time Repossession Order or have you been to court previously? Are the arrears now £5.5k?

 

My advice would be to go back to ME directly and negotiate a payment you can stick to, including it on a budget sheet, and provide them with some proof of the payment you expect to be receiving later this year. Put it in writing and send it recorded delivery, keeping a copy for yourself.

 

You need to look at trying to get them to stop the action but if they won't and still go to court it's likely that it will be suspended considering that you have made a huge effort to pay back what you can and will have funds available that will hopefully clear your arrears. If the lender is applying fees to your account you should complain that's it's unfair for them to do so whilst you are in arrears and it's not helping your situation.

 

Your ex should be asking the questions about why she has been sent a copy of the order. It could just be that the records are still on and they've overlooked it but it's worth following up.

 

Pedross is right, you need to address your debts in order of priority but if you have a lot of creditors ( non-essential) you would be better to write to them all and advise them that you are having difficulties paying before they try to get CCJs' and then possibly secure on your property with a charging order if you default.

 

You can hardly be called irresponsible when you are making such an effort to get this blip sorted.

 

Regards

[cocoloco]

I don't want to involve my ex at all, she's been through enough. My question regarding the ex is who I should challenge this to. ME or the court? Its completely incompetent fromME to have her included on the statement, however I don't want it to be seen that I'm trying to avoid paying the arrears.

 

In terms of the arrears, I've paid some off the mortgage, but I've cleared £3K off my overdraft. I am happy for them to issue a suspended order asI have the ability to pay from now on, if I offered £250 above the montly payment ( which is low at the mo because of the interest rate - if the interests rise by more than 2% I could be in trouble) with the promise of making a bulk payment when I get commission, are the court likely to accept that?

[sillygirl1]

Just stick to the £250 extra a month (Ior £200 if you know you could stick easier with that). DONT go letting them know about commission you may or may not get - they will use that against you. Stick to your BASIC salary for the payments and then you won't be messing them around.

 

Your PRIORITY debts sbould be the

 

Mortgage

Council Tax

 

anything else, unless it is subject to a court order is non-priority and should not be paid 'just because they shout the loudest. You can do a Debt Management Plan with the remainder, we can help you with that, and what I would advise is sort your debts into order AFTER Mortgage and council tax and the with whatever sum you come up with divide it by the creditors, DON'T pro rata it as some will protest they should get the lions share, but your mortgage is important.

 

Write a letter to hand to the judge on the day of the hearing about the delay in getting your ex off the deeds, that may or may not have a bearing on your case. Bear in mind they usually will have a 'jobbing' solicitor on your case who only had the records the day before, and will want reposession automatically granted.

 

Please don't go relying on the commission side of things 'just in case'.

[pedross]

Hi coco

 

You can tell ME that they are including your ex and they know that she is no longer on the mortgage. I take it that when you did the transfer of equity she was removed from the mortgage at the same time. They have probably just not updated their records.

 

I agree with the advice from sillygirl above. The judge should accept that under normal circumstances.

 

Pedross

[cocoloco]

thanks guys. Quick q, whats a "jobbing" solicitor?

[jansus]

Just a thought have you checked with land registry as well to make sure your ex has had her name removed there as well?

 

You can call them and they will send you a form to complete if necessary.

 

Also she should check her credit rating as well - I know you dont want to involve her but if they have affected her credit rating through their error they should be making every effort to rectify that ASAP.

[cocoloco]

As un update

 

I spoke to ME today, they've confirmed that a ToE has happened and apologised for theirmistake and will rectify it immediatelty and also send a letter they have sent to Experian and Equifax in case there is any adverse credit that she may have experienced from them.

 

They have accepted my offer of £200 above normal monthly payment unless itgoes above 2% Base Interest, with the promise of me paying back lump sums if I obtain them. Got to say the guy was really helpful, said they will still go to court just to formalise but not to worry as they tend to do this level of enforcement to people that don't want to clear off the debt. As I want to work with them, they want to work this out with me and he said if I show willing to pay off the arrears over the next 6-12 months, they may even be able to add this to the length of the mortgage rather than show arrears.

 

Very helpful advice given here though, really appreciate the comments.

[Crapstone]

I'm glad it's working out for you Coco,

 

Just don't sit back and do nothing as you will still need to defend in court if they still are going for repossession. You really don't want to depend on it being suspended and still need to fight against it being made in the first place.

 

You can argue that an agreement is now in place and has been accepted so it shouldn't be bought before the court. Repossession should only be used as a last resort and not as security for the lender to hold over you 'just in case' or as a bargaining tool.

 

Stand your ground and don't believe all they tell you. Get everything in writing from them as well.

[Crapstone]

Although my lender isn't Kensington (it's SPML) the worst thing I ever did was assume that I'd be better off coming to an agreement and believing that they would only go for a suspended repo.

 

They tried for full possession which the judge suspended. I don't advise using my ill prepared method which involved telling the judge that he wouldn't b****y like it if it was his house..and yes it was those exact words.I shudder to think what he must have thought of me.

[Ell-enn]

Crapstone is right, you MUST attend the hearing - we can help you with a defence statment for that - do you have a date for it yet?

[cocoloco]

Yes, its the 22nd September.

 

Advice heeded and noted, I've asked them to send me written confirmation that they are happy to accept my offer

[Crapstone]

Just ask if you need any help with the defence or are unsure about anything.

[cocoloco]

Just an update

 

So I attended court with an agreed letter from the solicitor stating they were only going for Suspended Possession Order, turned up at court but the solicitors didn't. The District Judge basically said that she wasn't prepared to grant the order as they haven't supplied sufficient evidence, so it was adjourned with reprieve ( I think - not sure), do I take that as I am off the hook, and as long as I carry on making my monthly repayments, there's no way I can be evicted from the house?

[Ell-enn]

They would have to notify you of a restored hearing which you would be able to defend - so provided you keep to the payment arrangement you will be OK

[cocoloco]

slightly new twist, the solicitor representing ME sent a letter out stating they are adjourning the case as they have been instructed to take off my ex wife's name, and will be in touch to set up a new date for the suspended possession order hearing. I have paid this months, and will continue to do so. What should I do?

[jansus]

Keep paying the arrangement. It sounds like they want a suspended possesion order so that if you dont pay one month they are in a position to apply for eviction warrant.

 

if you get a court hearing you must attend - also it is worth asking them if you maintain the agreement whether they will capatalise the arrears ( as per protcol guidelines).I would do this letter now so you have an answer before the court date

 

It is very important for you to ensure you are happy with your arrangement. If you are struggling then bring this up with the lender ASAP or in court.

 

Just relax for a little while as long as you continue your payments you should be ok.

 

I am sure Ell-enn will help with your defence when the time comes.

[Crapstone]

I can't add much more to what has already been said.

 

At least you now have time to prepare a defence while they get their act together. Now is the time to raise any complaints with your lender that haven't already been addressed, if any.

 

Keep paying but shout out if you are having difficulties.

[cocoloco]

Hi All,

 

This is a bit of a different case, without sounding nonchalent,

I'm toying with the idea of handing my house back for a number of reasons,

but would really appreciate some advice on this.

 

 

My situation is as follows:

 

I have arrears of about £6500, remaining mortgage balance of £108k (inc arrears).

I have had a suspended possession order with a new arrangement set up,

but unfortunately due to a couple of bad months at work ( I work in a sales environment),

I wasn;t able to stick to it.

 

 

Mortgage Express have no set a date for the eviction for the 16th February.

From a personal persepctive, I would have been moving out of my house at the end of the month anyways

as my girlfriend has moved away, and I was going to move in with her.

 

 

I wasn;t sure what to do with the house, if I rented it out I would only just cover the mortgage,

plus I would need to get electrics and gas certified and if interest rates go up I would be making a loss.

That added to the fact that I believe house prices are going to fall further where I live (South West Wales)

means I don't see renting it as a viable option currently.

 

 

Selling it could be an option, however with the impending eviction notice,

it has also crossed my mind whether to just hand the keys back.

 

In terms of my financial situation,

I am waiting on a cheque to come through from HMRC for a tax rebate, this will be about £2500,

I will also get a decent commission cheque through at the end of March (circa £6k wages)

so I could pay off all of the arrears within the next 8 weeks.

 

 

So I have two questions:

 

1) Would a court accept to suspend this bearing in mind I havent stuck to an arrangement,

but with proof that this money is coming through would they suspend it until say first week April?

 

2) If I hand back the keys, what are the repercussions?

Maybe I am being a bit blinkered,

but if I have no further assets to give there's not much point in ME making me bankrupt.

What would be ME's stance about the remainder of the debt

( market value of the house is about £90k, so would get less in an auction)

 

Please don't think I am being blazee about this,

I have tried to get an appointment with the CAb but where I live they only book appointments on a Monday,

and when they are full, there is no more until the next week.

This week they were full by 10.15 (they opened at 10!!)

 

Any advice would be greatly appreciated

[Ell-enn]

Hi, selling the house yourself is the most sensible option- if you hand the keys back the mortgage company may sell the property for a quick sale and they may not get enough to cover the mortgage - they would then chase you for the shortfall plus legal and selling costs.

 

If you can prove you have funds due which will clear the arrears then I think you stand a good chance of getting the eviction suspended. Would you be able to make any normal monthly payments while waiting for the money? You can apply to the court on a N244 form asking for a hearing to get the eviction suspended (I can help you with that),

 

However, you would need to be able to show the judge that the property is for sale so you'd have to get it on the market with an estate agent asap as you will have to take proof of it being for sale to the court.

[cocoloco]

Thanks Ell-enn,

 

If I sold the house myself I would still be in the position of having negative equity, so I am assuming that they would still chase me. I won't be able to pay anything until I get the cheque from HMRC (which should be in the next week), but it will be cutting it fine. Would the court entertain to suspend it for 8 weeks if I am able to make a payment of the £2500 when I receive it?

[cocoloco]

Another quick question. I have also read somewhere that even after your house has been repossessed, you can still regain possession. If I was able to pay the arrears back before they sold the house, would they give me the house back?

[Ell-enn]

It all depends on how reasonable the lender is - but it's by no means easy to regain possession. Who is your lender?

 

My advice would be to try and buy yourself time and put an application in to suspend the eviction.

 

It all depends what you want to do in the future - how much negative equity is there?

[cocoloco]

House value is about 90k currently, maybe a bit less, current mortgage balance is £108 (including the £6500 arrears). Mortgage is with Mortgage Express.

 

In terms of the future, what do you mean? I am not planning on buying anywhere and have no desire to live where I currently do