Help Please - Eviction Date 04/08/09 (Bham) EVICTION CANCELLED

[Mark0ne]

Hello - I am wondering if anyone can advise me please (after reading some previous posts/replies on here it lifted my spirits to know that people care).

I have a mortgage taken out April 2007 for £120k at 5% plus LIBBOR .Repayments at outset were £1450 and are now (> July 09)£888.For various reasons (mainly lack of cash) the arrears stood at £25k approx in Nov 08 !!

However i got myself sorted out worked hard and i successfully delayed two eviction dates (in court) by getting as much cash as i could to them. On May 11th 09 the arrears figure was down to £6k approx - This was not done by regular monthly payments but lump sums along the way .The last suspended eviction terms (March09) were £500 a week (inc contracted payment).However have struggled again of late and arrears are now upto £9995.This figure when drilled down is possibly made up of around £2500 in charges (Monthly arrears fee.legal charges etc)

I would like to make a payment of £1000 this week (Thursday).I will submit a "form to suspend" tomorrow and hopefully have a hearing Thursday /Friday.

My circumstances changed since March 09 as my wife is sadly now unemployed. My record does not show regular monthly payments but have reduced the arreas from the peak of £25k - £6k at one stage.

The B/S are generally very unhelpful !! Should i write to them tomorrow with a proposal ? What is capitilisation of arreas ?

The house is freehold with a value of £145 -50k.The amount showing on last statement (one month ago) is £135k to repay everything.

I am not that good at composing letters etc plewase can anyone advise me- I REALLY WOULD APPREACIATE IT - as i want to hang on to our home.

 

My salary now (2 jobs) is £2100 approx nett pm.

 

I feel better having put everything in writing .

Kindest Regards

Mark

 

I may not be able to get to a computer till tonight.

[tony.b.johnson]

I think you came on the right place. I had a Repo order for 11:00 a.m. 27 July 2009 -- TODAY !!! I haven't paid anything since November 2008. Arrears £12,500.- Was prepared to give up and RUNN.

After reading the experiences of others on this Forum, I put in a N244 Last Fridy. Composed a long statement. Went to court this morning.

Althought didn't manage to get the Eviction suspended, the judge adjourned the case for 4 weeks -- At least I bought myself some time.

Good luck.

[jansus]

We will hwlp you as much as we can

 

Ell-enn is the expert and she will need details of whether you have dependants living with you

Also if you can find a link to the income and expenditure form that will help.

What are the prospects for a new job for your wife?

Is your income steady each month?

 

Back later

[Ell-enn]

Hi there, unless you can get a letter to them tomorrow (fax?) and request a reply by return (unlikely), your best bet is to make the £1k payment and put in a good N244 defence statement which I am happy to help with if necessary.

 

Some questions:

 

Is the mortgage in joint names?

Do you have any children?

Can you calculate the "true" arrears, i.e. the total they are claiming minus the charges (they cannot include charges in their claim for possession, and this needs to be pointed out to the judge).

 

I have people for dinner this evening but I have affixed the following in the hope that help you somewhat:

 

1. letter which you may wish to adapt for your circumstances.

2. budget sheet which you will need for both a letter and the N244. When filling in the budget remember the amount you are offering to pay towards the arrears is the amount left over after everything else has been paid.

3. statement for Q.10 of the N244 - you will need to adapt this if you have not been able to answer the above questions before I log off. The sentences in red are the ones you may need to adapt i.e. if you do not have a statement showing the charges.

 

I will be off line around 8pm and will not be online again until tomorrow evening.

 

Ell-enn

Budget Sheet.xls

MarkOne letter.doc

MarkOne N244 Statement.doc

[transparentspoon]

Althought didn't manage to get the Eviction suspended, the judge adjourned the case for 4 weeks -- At least I bought myself some time.

 

Don't mean to hijack the post, but just wanted to ask tony a quick question - why did the judge adjourn the case? how did the n224 form help? I'm a newbie at all this so just after some general advice.

 

Thanks

[jansus]

capatilizing the arrears means in effect that the arrears are included in the debt and show as zero on the account and then they recalculate the MP on the increased debt over the remaining term. Then you should offer to pay your MP ( preferably by DD so it comes before all other bills)

 

One big advantage is that you will not be increasing your debt by the arrears charges each month and it will in effect be a fresh start .

 

in respect of the charges you may later be able to get a statement of all the charges and complain to the FOS - but at this stage it is best not to rock the boat too much and I would advise concentrating on keeping the house first and much later on have a good read around the forum regarding posters who are fighting these charges.

 

If they do agree to capatalise the arrears you will have to make sure you are happy about how they have arrived at the figures.

[tony.b.johnson]

Here in brief is my situation: Mortgage with GMAC. £190,000.- interest only. They had eviction order in July last year. I managed to pay off all the arrears before the eviction date. (Should have got the order lifted, but didn’t know it can be done). My business suddenly turned bad with the economic climate. Last made a payment of £2,000 at the end of October 2008. No further payment since.

[tony.b.johnson]

Here in brief is my situation: Mortgage with GMAC. £190,000.- interest only. They had eviction order in July last year. I managed to pay off all the arrears before the eviction date. (Should have got the order lifted, but didn’t know it can be done). My business suddenly turned bad with the economic climate. Last made a payment of £2,000 at the end of October 2008. No further payment since.

[jansus]

Tony (hope thats not your real name as we have lots of spies on here:))

if you go to the possessions forum you will see a button at the bottom which says new thread.

 

If you start your own thread we can answer any questions on there and it saves any confusion on this one.

 

thanks

[MarkOne2]

Hello - Its MarkOne here but had logging on problems and now i am Mark One2 !

First thanks to tony b - Jansus & Ell-enn for prompt replies.Can only get to computer now at work !

Action for today

1) fax letter to mortgage company. ?

2) Apply to court for hearing date. ?

 

Will be back on soon once i have done my first bit of work.

MANY THANKS -I do appreciate it.

Mark

[MarkOne2]

Jansus - Thanks for explaining the capitilisation process.Ell-enn the draft letters look great and i will add to them a little also.

 

Ell-enn - only my daughter (over 21) living at home).Good chance of wife getting a job post Sept as works in early years (non teaching sector).

 

The B/S have generally been totally unhelpful - I do feel that if they( mortgage sector) really wanted to sort the bad debts out they could with better understanding.

 

I am now checking all my statements to confirm totals paid to them over the last ten months and also the charges element in the arrears figure - I do want to be accurate and have the proof .

 

Will be back on later.

 

Kindest Reagrds to all .

 

MarkOne2

 

If you are reading this and in repossesion "stress" mode my advice is post your query as i have founfd it helps to share (offload) and it is giving me confidence to really try and fight on

[MarkOne2]

Ell-enn .The motgage is in joint names.

MarkOne2

[jansus]

A couple more questions

 

If you took the mortgage out in 2007 how did you get to 25k arrears by Nov 2008? Did you have an irregular income? Do you think the lender checked whether you could afford the mortgage properly and was there a particular reason why you had problems?must have been really frightening and well done for getting the arrears lower. I guess if your lender does charge automatic arrears charges this must have increased your debt considerably.

[MarkOne2]

Hi Jansus - I took mortgage out then lost income source !! After no payments for 18 months and in between this GMAC sold their mortgage book on to another company (current B/S).

Then realised i had to battle hard (work) and feel i have tried very hard - but all the time they are negative to any meaningful discussion !!

At midd April of this year i had maintained the court rate of £ 500 pw and i paid £6000 which took me up to wk comm 11/05/09.Since then have stuttered ....If i pay £1000 on Thursday then in court eyes i have maintained order till 25/05/09 approx.

But i have paid so much (exact figure to follow) since last Nov 08 which i thought would have proved to them that i want to retain the home.

Ell-enn's draft letters are fantastic and faxed one off to B/S this pm - but dont expect much back from them.

At court office tomorrow to hand over my £ 35 to get a hearing for Friday ?

 

Will be back on later - Thanks for support

 

Rehgards

MarkOne2

[MarkOne2]

Jansus - THey chage me £50 EVERY month (£1400 total date ?)for being in arrears (admin charge) and also have lots of legal costs on top from each time i attend court.

 

MarkOne2

[jansus]

There are a couple of posters who have managed to reclaim charges through the FOS I will try and find some links later - and I believe there are some lenders under inspection at the moment about the level of charges. BUT one step at a time.

 

The main thing will be to try nd show you can maintain your current MP with either a small amount towards the arrears or get them capatalized - and that will probably depend on the same thing - proving you can afford the MP. Unfortunately if they have been doing the correct thing and adding the charges to your loan - then of course the MP will be higher.

[MarkOne2]

Many Thanks Jansus

I am just filling out a MI12 mortgage interest help form to send them as well - worth a try !!

MarkOne2

[MarkOne2]

Hi everyone - The hearing date (finally) is set for Monday am !!!!!!! I asked for Friday but was told not possible 48 hrs notice required !!I have done my best with all your help.A good letter has gone off to lender (as yet no reply) I am making a payment tomorrow of £1k.A fair letter has gone in with application to suspend for judges perusal. Q) On the form it states "apply to suspend" should i have added or adjournement ??

Now i have to pray hard and stay calm (difficult).

 

Hopefully looking at it positively Tuesdays eviction will not happen BUT if it is not can i have a plan B eg apply again but try to get a bit more £ together for Tuesday payment ??

Kindest Regards to you all

 

MarkOne2

 

Ell-enn if you want can i send you my letters to peruse please?

Any other tips appreciated

[Ell-enn]

Hi there, you can send them to me at Ell-enn@consumeractiongroup.co.uk

[MarkOne2]

Hi Ell-enn .Thanks for reply will do ( i am not really a IT expert so bear with me).

Today i paid the £1000 to lender as i said i would.

I have had a phone call from them saying they want proof of income / bank statements.

I am at work and do not have bank statements with me but i faxed over all of last three months pay slips and more (9 pages) which clearly proves i can afford the payment offer and confirmed my income(s).

They called again saying we want bank account statements - Which i can get but my salary is paid into my son's account .The activity in there is only my salary in and monies out - Is this a problem ?

Anyway many thanks for all your help .

Kindest Regards

MarkOne 2

[Guest Ebensmom]

It shouldn't be a problem, as the amount on your payslips will clearly match the amount going into the account. But they may want to see bank statments to see what other bills, d/ds etc you have going out as well, to support your I/E statement.

[MarkOne2]

Thanks Ebensmom - As yousay the statements show the BACS transfer in nad most comes out by cash ! Couple of D/Ds for my son but he gives me money.

Fingers crossed ! The income is there in black and white andthey have had my payslips etc.

Best Wishes

MarkOne2

[MarkOne2]

Hello - Still awaiting to hear back from lender (Or Mortgage services section).

Whilst waiting done some prep work (Monday am !!) and arrears currently £10,000 (they somehow explain to me that they add on next payment as well -whats that about ! so could be £10900)

I have paid in total £22,683 since Nov 08 and that equals £2836 approx amonth - although my payments have been erratic - However still alot of money and surely demonstrates a committment.

 

Got statements from onset out and all charges total £3689.00.Broken down into a) Monthly (£50) admin charge = £1300 b) Legal Fees £1350 c) Others ;Summons fees/Cllr visits etc £1039 !

 

Also found breakdown of loan rates !! Was up at outset at 11.83% and only now at the great figure of 6.87%.

 

Q ) The mortgage was sold on from GMAC to ..........How can i check that everything transferred accross at same rates etc.

 

Kindest Regards Everyone

MarkOne

[jansus]

Hi

 

Just checking if you are ok ,or need anymore help before the hearing?

[MarkOne2]

Morning Jansus - Thanks very much.I never heard anything(no post or call) from lender after sending off wages slips and bank statement.That alaways worries me ...

I am now putting my folder of papers in place and then going for a i hour walk - It is so difficult not to think about it ...

Tomorrow circa 10.OO am beckons no matter how you wish to slow it down.

Kindest Regards

MarkOne2

Any thoughts on plan B if it goes the wrong way ?